University of Miami to Release Study About Product Branding & Placement

As a preface, let me just say that some of you may have noticed we've been doing a little "rebranding" of our own over here @ The Headlining Act. That's because I (Shannon Jamieson) specialize in what is usually referred to as "Entertainment Law," namely dealing with copyright in the music and video game industries. In contrast, my colleague and increasingly common guest blogger, Steven Shapiro, specializes in branding and brand licensing, more along the lines of trademark licenses. As such, we've been "mashing" the two areas of entertainment and licensing together to provide readers with a more expansive view of intellectual property in entertainment - going beyond music, film, etc. and into areas like branding partnerships, apparel, and maybe even toys. Hopefully you're enjoying the changes here as much as we are. Now on the the meat and potatoes of this post...

My alma mater, the University of Miami, has just completed a study about branding placement on products and how that placement influences both how a consumer percieves a product and their decision whether or not to purchase it. I would definitely like you to read the article itself, but basically the idea is that consumers view brand placement that is higher on products to be "light" products or branding; products that are healthier, lighter and lower in fat. In contrast, consumers prefer "heavier" products, like stews and meats, to have their branding on the bottom part of the packaging. The study will be published in the December 2009 issues of the Journal of Marketing Research.

Interesting, no?? Maybe that's the branding nerd in us coming out. Just another reason for me to over analyze branding (which I'm totally cool with doing).

Line Your Intellectual Property Ducks in a Row to Avoid a Rebranding Earthquack

By: Anna Bielejec

When it comes to rebranding, grouchy Aunt Sally’s go-to advice of speaking with an attorney couldn’t be better. Furthermore, assessing the new brand’s trademark and its ability to become registered might be the best place to start. For starters, not all marks are capable of being registered. You see, although formal trademark registration is unnecessary for using a mark in conjunction with the trademark symbol (™), non-registered marks may raise problems down the road if a brand owner decides to sell or otherwise commercialize his business through a franchise or licensing agreement. Because trademark registration provides real evidence of ownership, it is the best tool at guarding against others’ misuse and challenges. The moral of the story? In preparation for a rebranding bonanza, make sure your intellectual property is sufficiently protected. Plain and simple. Know the steps of what it will take to register your new mark/s as well as any registered marks that offer a potential threat, and protect yourself against the many obstacles that may arise. Line your IP ducks in a row to build a legal infrastructure that will weather the various dangers of infringement and you’ll avoid a devastating rebranding “earthquack.”