by Tamera H. Bennett
May 14, 2008
Thank you to my paralegal extraordinaire Katherine Stimson for the link to this article.
The Wall Street Journal disects Apple Computers brand protection strategy behind the iPOD.
iPOD Branding Strategy
May 14, 2008 · 2 Comments
Categories: Blogroll · Copyright · Dallas/Fort Worth Texas · Digital/Internet · Lewisville Texas · Music · Trademark
Tagged: Branding
2 responses so far ↓
daniel // May 15, 2008 at 11:11 am |
I know it is important for a company to protect itself from someone who has the ability to make the exact same thing at a cheaper price. But don’t you think these nontraditional patents take it a step too far, and dillute the market in a category such as the electronic media devices? It seems as though the majority of people wanting a portable music player are looking for something sleek, lightweight, and easy to use. Does that mean just because you have a shiny new toy that holds majority share in the market you get to protect the shape?!?!?!
Stephen Howard // June 5, 2008 at 10:48 am |
I can see Daniel’s point, but at the same time the Coke Bottle shape kind of proves the point of why this is important to manufacturers.
Manufactures really do put a lot of effort into the ergonomic design, look and feel of their products. If they plan to have a large advertising campaign based on their product as well, they want a full 360 degree wrap around their product. The name, colors, layout, presentation, sounds and even the shape are a part of setting their product apart.
The silhouette of a Coke bottle is unmistakable. Coke knows that their shape is part of brand identification. The shape tells the world exactly what the product is.
Sometimes though, the shape is just utilitarian. Getting a protection of a utilitarian shape can stifle competition. For example, if a cereal manufacturer managed to gain exclusive rights to the donut shape, then a host of cereals would have to change shape to avoid infringement (maybe even pet foods for that matter).
Was the iPod shape so particular and beyond utilitarian needs to deserve special protection? I don’t know. I would hope that the Patent and Trademark office would be cautious in granting such protection only to novel changes, and not utilitarian shapes. And, I think they would. I don’t expect to see Craftsman corner the hammer shape market anytime soon.
Oh, and hello Mrs. Bennett! It was a pleasant surprise to bump into your blog. We should cross link each other. your blog is great! I’ll send you an email.
Steve