ITS A BRAND NEW WORLD

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ITS A BRAND NEW WORLD
Brian Wynn Gardiner Roberts LLP November 5, 2007
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So . . .

• Who is Stan Lee?
• Who is Steamboat Willie?
• Who is Inspector Clouseau?
• Name two expensive champagnes.
• What kind of coffee do you drink at Indigo?
• Who is Kens girlfriend?

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Top Canadian Brands - 2004


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Brand Finance report, 2005

• It is now widely acknowledged that brands are
  significant assets of a business. Increased
  appreciation of the economic significance of
  brands brings with it the expectation of greater
  marketing accountability.

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Brand Finance report, 2005

• More goods, all of higher quality, chasing
  limited customer dollars creates an environment
  in which the sources of value creation have moved
  increasingly from tangible assets (such as plant
  and machinery) to intangible ones (such as
  brands, patents, customer databases and skilled
  workforce).

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Small Huge Market Market
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Landscape Cartoon
Character Painting
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Romeo Juliet Anne of Green
Gables
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Complex tune Striking Melody
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Ordinary Famous Trade Mark Brand
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Regular English Coined Word Word
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Ordinary Distinctive
Secondary Meaning
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Mattell, Inc. v 3894207 Canada Inc.

• No doubt some famous brands possess protean
  power . . . but other famous marks are clearly
  product specific.
• - Binnie, J.

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Veuve Cliquot Ponsardin v Boutiques Cliquot

• If the somewhat hurried consumer does not
  associate what is displayed in the respondents
  stores with the mark of the venerable champagne
  maker, there can be no impactpositive or
  negativeon the goodwill attached to VEUVE
  CLIQUOT.
• - Binnie, J.

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Observations

• A trade mark may have an aura
• Use of the system is a statutory privilege not a
  social/common law right
• From registration onwardsuse by the named
  registrant is crucial
• Internet disputes are bring the concept of bad
  faith into the field
• A registrant can never be complacent or
  comfortable in the modern world.

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Observations
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International Trade
Entertainment
Communications
BRANDS
Sports
Demographics
Internet
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So . . .

• Who is Stan Lee?
• Who is Steamboat Willie?
• Who is Inspector Clouseau?
• Name two expensive champagnes.
• What kind of coffee do you drink at Indigo?
• Who is Kens girlfriend?