Download Advertising - Marriott School

Marketing Management
Advertising
Paul Dishman, Ph.D.
Department of Business Management
Marriott School of Management
Brigham Young University
Lecture 19
Marketing Management
Stimulating Demand
• Primary
• Selective
Paul Dishman, Ph.D.
Marketing Management
Message Appeals
• Humor
• Sex
– Overt
– Romantic
•
•
•
•
Fear
Ego/Prestige
Moral
Rational
Paul Dishman, Ph.D.
Marketing Management
Strategies
•
•
•
•
•
Brand Image
Positioning
USP (Unique Selling Proposition)
Resonance (Projective)
Affective (emotional)
Paul Dishman, Ph.D.
Marketing Management
Do you know these logos?
1.
Paul Dishman, Ph.D.
Marketing Management
Definitions
•
•
•
•
Logo
Symbol
Trademark
Service Mark
Paul Dishman, Ph.D.
Marketing Management
The importance of trademark law continues
to grow domestically and internationally
Use of trademarks:
• can build brand loyalty
• enhance recognition of your product
• enhance reputation and make repeat sales
Paul Dishman, Ph.D.
Marketing Management
A trademark is a distinctive :
»word
»symbol
»sound
»smell
»logo
»or other graphic
Paul Dishman, Ph.D.
Marketing Management
Background
•
•
•
•
•
•
•
•
First federal trademark law
- 1870
Declared unconstitutional
- 1878
International Trademark Assoc. - 1878
Trademark Act of 1881
- 1881
Trademark Act of 1905
- 1905
Trademark Act of 1920
- 1920
Lantham Act of 1946
- 1946
Trademark Law Revision Act - 1988
Paul Dishman, Ph.D.
Marketing Management
Function of Trademarks
The primary function of trademarks is
to indicate origin
Serve to guarantee quality of goods
and services
Serve to create and maintain demand
Paul Dishman, Ph.D.
Marketing Management
Choosing a Trademark
The goal is to find a word, symbol or
design or a combination of these
which is not purely descriptive
• Must be sufficiently distinctive
• Must not be deceptive
• Should be established before
resources are spent developing
promotion materials
Paul Dishman, Ph.D.
Marketing Management
Paul Dishman, Ph.D.
Marketing Management
Trademark Searches
A search is an investigation to
discover potential conflicts
• Internet
• Many professional services available
• Attorneys
• U.S. Patent and Trademark Office
publications
Paul Dishman, Ph.D.
Marketing Management
Proper Use of Trademarks
Must be used properly to maintain rights
A mark that becomes the generic name is no
longer treated as a trademark
Examples:
•
aspirin
•
nylon
•
cellophane
•
refrigerator
Paul Dishman, Ph.D.
Marketing Management
Proper Use of Marks
• Use the generic name with the trademark
• Always use the trademark as an adjective,
not as a noun
• Give the trademark distinctive treatment
• Label your trademark (TM® or SM)
• Consider using the trademark on a
number of products
Paul Dishman, Ph.D.
Marketing Management
Trademark Registration
• A trademark must be in use in
interstate commerce
• Can file for registration with an intent
to use but the mark cannot be
registered until actual use has
occurred
• Registered with the U.S. Patent and
Trademark Office
Paul Dishman, Ph.D.
Marketing Management
Foreign Registration
• If significant foreign marketing is
anticipated, register in the applicable
countries
• Trademark law differs considerably in
other countries
• In most countries, trademark rights are
granted to the first person that files for
registration
• In some countries “warehousing” is
practiced
Paul Dishman, Ph.D.
Marketing Management
Examples of Application of the Law
Abercrombie & Fitch vs. Hunting World Inc.
1970
• A&F sued Hunting World for infringement
of its registered trademark “Safari”
• A&F had ten federal registrations
Result: “Safari” is merely descriptive
Cancellation of all ten federal registrations
Paul Dishman, Ph.D.
Marketing Management
AMF Inc. vs Sleekcraft Boats
1979
• AMF marketed boats under the name
“Slickcraft”
• In 1968, Nescher Boats adopted
“Sleekcraft” for its high performance
boats
Result: The court found that Nescher
boats had not infringed. Different
markets was a primary factor
Paul Dishman, Ph.D.
Marketing Management
Hormel Foods vs. Jim Henson
Productions - 1995
• Hormel Foods sued Henson production
for trademark infringement with the
introduction of a character in a Muppet
Movie - “Spa’am” - a wild boar
Result: Henson production found not
infringing. No chance for confusion of
products
Paul Dishman, Ph.D.
Marketing Management
Recovery For Violation of Rights
If a violation is established, the plaintiff
shall be entitled to recover:
• Defendants profits
• Any damages sustained by the
plaintiff
• The costs of the legal action
Paul Dishman, Ph.D.
Marketing Management
Considerations in Marketing
• Designing products and services
– Customers are loyal to brands
• Marketing information systems
– Intelligence
• Marketing Research
– Information needs
• Global Marketing
– The countries laws
• Marketing ethics
Paul Dishman, Ph.D.
Marketing Management
Conclusions
• Incorporate considerations of trademarks
in the marketing process
• Conduct thorough searches for conflicting
trademarks early
• File for registration of trademarks early
• Maintain a good system for records
• Avoid infringement - It can be costly
Paul Dishman, Ph.D.