Battle of the brands –protection and enforcement strategies

Thankfully, there are cost-effective steps which may be taken to manage risks and ensure that branding may be rolled out without hindrance.

1. Do your homework before fully committing to a brand

It is difficult not to immediately commit mentally to a new brand idea, especially the good ones. After all, what is craft beer if not an endeavour of passion? Taking a moment to check the risk position on the trade mark register and in the market can mean the life or death of the brand, and result in enormous cost savings down the road.

2. Keep a cool head if you receive a cease and desist letter

A letter of this kind will likely detail the claimant’s best-case scenario, which is unlikely to be your only option of settlement. Legal advice is advisable but the first step is to consider a) how seriously you would take the matter in their position, and b) what a reasonable resolution could look like to both sides. Bear in mind, however, that the risk of injunction is higher than in some other industries, so serious threats do need to be addressed.

As we’ve seen in the public spat between Marks & Spencer and the Craft Beer Co. a challenge may not come in the form of traditional correspondence. It’s important to consider the intention behind a seemingly light-hearted social media post and respond accordingly. On the other side, also, a legitimate concern over branding may be best saved for formal correspondence, rather than light hearted jibes over social media (as enjoyable as these often are to read).

3. Monitor new brands entering the market

Registering trade marks provides you a reliable basis to enforce your brand, but that is just the beginning. To enforce your rights requires monitoring and, where necessary, action. Trade mark watching is a service whereby you are notified of parties filing trade mark applications for marks identical and similar to yours. Without this information, a similar trade mark could reach the shelves because you weren’t in a position to object. A combination of a registered trade mark and watch is a powerful tool.

4. Keep a commercial perspective if conflicts arise

Don’t let the grass grow if you find yourself embroiled in a dispute – if it reaches court, a judge will take a dim view of simply burying your head in the sand. Many disputes are resolved through discussions between breweries, as ought to be the case. That said, your brands deserve more than an informal understanding, and putting any resolution in writing may alleviate further conflicts down the line.

Protecting your brands and enforcing when necessary needn’t be expensive nor taxing. A brief legal opinion can be inexpensive and pay dividends down the line, easing the stress of competing in this now crowded marketplace.

Potter Clarkson helps companies, organisations and individuals across all sectors of business to understand, create, protect and defend the commercial value of their innovations anywhere in the world through intellectual property rights.

As a full-service intellectual property law firm with expertise in patents, trade marks, designs, litigation, licensing and consultancy, the firm can provide specialist support in all areas of IP. Find out more at www.potterclarkson.com

Shipping

Walk down the aisle of any supermarket and you’re likely to encounter a collection of orange and yellow boxes covered in colourful skull illustrations. I’m sure those five descriptive words alone, rightly, conjured up images of Beavertown’s Neck Oil.

When Heineken acquired a sizable "minority" stake in the Tottenham brewery, they not only gained a loyal following but, more notably, a unique and recognisable brand, brought to life by the talented illustrator Nick Deywer.

Would the global beverage monolith have even taken notice of Beavertown, irrespective of the quality of their beer, had it not been for the artistic contribution of Deywer and the cult following their brand produced?

Given the importance of brand identity in driving sales and customer loyalty, it begs the question: why do so many brewers adopt a DIY approach to branding when the brand is their biggest asset?

From a monetary perspective, I understand why. Who wants to pay a figure with multiple zeros at the end of it for a logo, a label template or bespoke illustrations? Surely Adobe or Canva’s new AI tools can remove the need for a graphic designer altogether?!

But if the brewery van had an electrical fault, chances are you’d reach out to a qualified motor electrician to resolve the issue rather than getting out the wire strippers and hoping for the best.

What many breweries and businesses fail to recognise is attached to those zeros aren’t just the designs in and of themselves, but the following:

Years of investment

Individuals or companies that create art, literature, photography, videos or any other type of medium typically invest years honing