The value of babes in brandland
Güncelleme Tarihi:
by Gary Lachman
Oluşturulma Tarihi: Nisan 04, 2009 00:00
The concept of branding is as old as the hills. For over 4,000 years, brands have been used for identification on both livestock and humans. Fugitives, galley slaves, gypsies, vagabonds, brawlers and the clergy have been marked with "symbols of shame" brands throughout history.
Cattle ranchers went to great lengths to protect their herds from rustlers (thieves) as well as to enable the recapture of straying animals that mixed with other rancher's herds by stamping a unique mark on the hindquarters of their animals to identify them with their home ranch. Having participated on several spring roundups with a ranch-owning client to brand, geld and inoculate calves during my years as a Colorado lawyer, I can attest to the significance that a cattle brand still holds for a cattleman.
Not that a spring roundup is all work and no play. The roping and wrestling of the calves to the ground, the teamwork it takes to rapidly apply the branding iron, jab the big vaccine needle in, and quickly excise the "cojones" of the male calves ideally takes only about two minutes. It is inevitable that a little competition develops. Especially when everyone knows that bottles of ice cold beer, copious amounts of fine tequila and fine steaks await.
Polo power play
Unfortunately for most other industries, the branding concept isn't nearly as much fun. Ralph Lauren for example, has been defending is brand for over three decades and at a tremendous cost. While many (including myself, despite being a very good customer) may believe that he has often overstepped the bounds of reason in fighting perceived trademark infringement, Mr. Lauren has certainly proven that a vigorous and diligent approach to brand protection ensures success.
Ironically, for a period of about 10 years, the majority of actual polo players in America (including me) quietly boycotted his goods due to a lawsuit he brought against the U.S. Polo Association, an institution that pre-dated his clothing line by nearly 100 years! Ultimately, Mr. Lauren settled the suit (pun intended) but you won't see the clothing brand US Polo Association sold in the U.S. Perhaps as a poke in the eye, the USPA licensed the rights to its name overseas. You can even buy US Polo Association clothing in Istanbul.
Heineken toothpaste
So from the original purpose of branding to protect movable property, branding evolved into a mark of status. Everyday we see new examples of the absurd heights branding has reached: A famous pen company selling watches, an exotic sports car company selling clothing, pop singers' names on cologne, cigarette companies selling sportswear and so forth.
There is virtually no limit to this madness. When will we see Heineken toothpaste ("Never lose that great beer taste!"), or Lamborghini lingerie ("It comes off fast!")? Twenty years from now don't be surprised to see Madonna support stockings ("For the Material Girl who doesn't want the Material World to see her varicose veins.") or Lance Armstrong tricycles ("Do your grocery shopping like the Tour de France!).
An entire field of law has arisen concerning copyrights, trademarks and patents. This is known as Intellectual Property law, and has been one of the most lucrative and dynamic areas of the legal practice for the past twenty years. Little did the real John Waynes of yesteryear imagine what would become of the "Lazy T Bar C" or "Rockin' BC" brands. Millions of dollars have been spent on litigation protecting the property that has been developed like commercial art and identified with luxury items. In fact, these brands have risen to possess the same legal status as the products themselves. The brand is truly a valuable form of property in and of itself, and thus warrants protection from theft.
Perhaps more significant, in virtually every case, the brand is far more valuable than the products they represent. © 2009 Gary S. Lachman
Gary Lachman is an international lawyer formerly with the U.S. Department of State, real estate developer, and associate professor at the Johns Hopkins University with a consulting practice in Istanbul. He can be contacted at glachman@lachmanyeniaras.com.
Not that a spring roundup is all work and no play. The roping and wrestling of the calves to the ground, the teamwork it takes to rapidly apply the branding iron, jab the big vaccine needle in, and quickly excise the "cojones" of the male calves ideally takes only about two minutes. It is inevitable that a little competition develops. Especially when everyone knows that bottles of ice cold beer, copious amounts of fine tequila and fine steaks await.
Polo power play
Unfortunately for most other industries, the branding concept isn't nearly as much fun. Ralph Lauren for example, has been defending is brand for over three decades and at a tremendous cost. While many (including myself, despite being a very good customer) may believe that he has often overstepped the bounds of reason in fighting perceived trademark infringement, Mr. Lauren has certainly proven that a vigorous and diligent approach to brand protection ensures success.
Ironically, for a period of about 10 years, the majority of actual polo players in America (including me) quietly boycotted his goods due to a lawsuit he brought against the U.S. Polo Association, an institution that pre-dated his clothing line by nearly 100 years! Ultimately, Mr. Lauren settled the suit (pun intended) but you won't see the clothing brand US Polo Association sold in the U.S. Perhaps as a poke in the eye, the USPA licensed the rights to its name overseas. You can even buy US Polo Association clothing in Istanbul.
Heineken toothpaste
So from the original purpose of branding to protect movable property, branding evolved into a mark of status. Everyday we see new examples of the absurd heights branding has reached: A famous pen company selling watches, an exotic sports car company selling clothing, pop singers' names on cologne, cigarette companies selling sportswear and so forth.
There is virtually no limit to this madness. When will we see Heineken toothpaste ("Never lose that great beer taste!"), or Lamborghini lingerie ("It comes off fast!")? Twenty years from now don't be surprised to see Madonna support stockings ("For the Material Girl who doesn't want the Material World to see her varicose veins.") or Lance Armstrong tricycles ("Do your grocery shopping like the Tour de France!).
An entire field of law has arisen concerning copyrights, trademarks and patents. This is known as Intellectual Property law, and has been one of the most lucrative and dynamic areas of the legal practice for the past twenty years. Little did the real John Waynes of yesteryear imagine what would become of the "Lazy T Bar C" or "Rockin' BC" brands. Millions of dollars have been spent on litigation protecting the property that has been developed like commercial art and identified with luxury items. In fact, these brands have risen to possess the same legal status as the products themselves. The brand is truly a valuable form of property in and of itself, and thus warrants protection from theft.
Perhaps more significant, in virtually every case, the brand is far more valuable than the products they represent. © 2009 Gary S. Lachman
Gary Lachman is an international lawyer formerly with the U.S. Department of State, real estate developer, and associate professor at the Johns Hopkins University with a consulting practice in Istanbul. He can be contacted at glachman@lachmanyeniaras.com.