Trademarks And Business Goodwill

The law of passing off protects traders from a form of misrepresentation that harms their goodwill, and consumers from the market distortion that may result. This carefully-crafted work seeks to delineate two intertwined aspects of goodwill: substantive and structural goodwill. It argues that the law of passing off should focus on protecting structural goodwill, and that this in turn allows traders’ authentic voices to help shape the substantive goodwill to attract custom for them in the marketplace.

A practical and useful resource for valuing trademarks The Second Edition of Trademark Valuation is a fresh presentation of basic valuation principles, together with important recent changes in worldwide financial reporting regulations and an update on the current worldwide legal conditions and litigation situation as they relate to trademarks. A new section discussing issues surrounding valuation of counterfeits and the economic effects of trademark counterfeiting is included in this informative Second Edition. Considers methods to determine the real value of your trademark and exploit its full potential Offers dozens of case studies that illustrate how to apply valuation methods and strategies to real-world situations Communicates complex legal and financial concepts, terms, principles, and practices in plain English Discusses GATT, NAFTA, emerging markets, and other international trademark considerations

Shows how to select, register, and protect a business name

Trademarks are among the most intangible of assets, yet they can have enormous value for an enterprise. The pink color of Owens-Corning insulation, McDonald's golden arches, the unique shape of the classic Coke bottle, these words, symbols, and colors embody the goodwill of the companies and institutions they represent. Potent cultural icons, trademarks are associated with quality, security, and even a sense of belonging in the minds of consumers. But how, exactly, do you determine the value of your trademark? How do you know if you are getting the best return on investment from your trademark? And what are the potential advantages and disadvantages of licensing your trademark, or even selling it outright? The first guide devoted exclusively to an increasingly important area of intellectual property, Trademark Valuation provides answers to these and all your questions about how to value your trademark and to develop strategies for exploiting its full potential. Gordon V. Smith, a consultant with more than three decades of experience advising clients on the value of their intellectual property, dispels common myths and misconceptions about trademarks and replaces them with logical, down-to-earth, practical guidance. Employing his unique talent for translating complex legal and financial concepts into plain English, he acquaints you with all the key legal and financial concepts, terms, principles, and practices, and guides you step-by-step through the entire valuation process. And, perhaps most importantly, he shows you how to use the information derived from your valuation to develop surefire strategies for getting the most out of your trademark. With the help of dozens of case studies, Smith places the subject of trademark management in a contemporary, real-world context. He examines the role of crucial factors such as trademark longevity and offers guidelines for analyzing current and future market trends. He explores the implications of the emerging world marketplace. And he considers various worst-case scenarios, including infringement and piracy, bankruptcy, acts of consumer terrorism, and other potential crises that can have a disastrous effect on the value of a trademark. Trademark Valuation is required reading for valuation experts, trademark specialists, and licensing executives, as well as the accountants and attorneys who work with them. It is also a valuable reference for advertising executives, business appraisers, and institutional investors. "They can be nostalgic reminders of times past, examples of outstanding graphic design, or the symbols of powerful institutions that influence our lives. As pleasant as it might be to contemplate their nostalgic or artistic aspects . . . trademarks are business assets and must be viewed primarily in the context of commercial enterprise. Their task is to contribute to the profitability of the parent enterprise. Commerce is driven by return-on-investment principles, and trademarks are not exempted from that requirement. Even trademarks that are associated with nonprofit, governmental, or institutional organizations are used for a purpose and promoted with an objective in mind. They must be judged by how well they meet those objectives." - Gordon V. Smith Written by an expert with thirty-five years of experience in the field, this is the first and only guide devoted exclusively to this vital area of intellectual property. Trademark Valuation includes: * Methods to determine the real value of your trademark and exploit its full potential * Dozens of case studies that illustrate how to apply valuation methods and strategies to real-world situations * Complex legal and financial concepts, terms, principles, and practices translated into plain English * Discussions of GATT, NAFTA, emerging markets, piracy, and other international trademark considerations * An appendix with valuable benchmarking information on the roles trademarks play in the financial life of many diverse industries