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FEBRUARY 2008

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Re-awake and exploit historic brands

John Coldham explains how to refresh a dormant brand and how IP owners can protect their shelved rights from rivals

One-minute read
Brand owners often decide to revive or refresh a dormant brand to differentiate their goods and services from those of competitors and to exploit the values of legitimacy, trust and experience that consumers often associate with bygone brands. But how can they do this while protecting their own IP rights and respecting those of others? In this article, John Coldham outlines the copyright and trade mark rights that may subsist in old brands and how brand owners can protect themselves from accusations of passing off when aligning their products to events, people and characters from the past. The author also considers how IP owners can prevent rivals from appropriating the rights they have in their own nostalgia brands.

In a challenging competitive marketplace, the importance of brands and how they make consumers feel and respond is becoming ever more important. But in a world of intensive advertising, both off- and on-line, and increasingly fragmented channels of communication, how might a company reduce risk and engage its target consumers?



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