Branding and Advertising the Right Way: Do's, Don'ts, and Legal Issues in Promoting Your Brand

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This session was presented by Lesli Harris, Member at Stone Pigman, Josh Mayer, Chief Creative Officer at Peter Mayer Advertising, and Kirk Coco, Founder & CEO at NOLA Brewing Company. Find


1. NOLA Brewing ORIGIN STORY 2. 3! 3. 4! Subhead Katrina 4. 5! Dixie Beer 5. 6! Frank Zappa 6. 7! NOLA Brewing Logo 7. 8! 8. 9! 9. 10! 10. 11! 11. 12! Mission Statement 12. 13! Be true to who you are in every decision you make. 13. 14! 14. Through in-depth interviews and psychographic analysis, we uncovered a different culture in sports + Kids doing very unkidlike things STARTING FROM SCRATCH 15. A BRAND story born of the CULTURE that DRIVES these athletes and the company 16. IMAGERY THAT EMBODIES THE BRAND 17. PROS THAT EMBODY HONOR THE GAME 18. SOCIAL MEDIA: TWITTER 19. SOCIAL MEDIA: FACEBOOK 20. SOCIAL MEDIA: INSTAGRAM 21. ELITE PRACTICE FACILITY 22. PROTECTING THE BRAND 23. 24! A trademark is a word, phrase, symbol, or design, or a combination thereof, that identies and distinguishes the source of the goods of one party from those of others. What is a trademark? 24. 25! A trademark gives a seller or producer the exclusive right to register a trademark and to prevent their competitors from using that trademark. What does a trademark present? 25. 26! McDonalds Golden Arches NBC Charm Louboutin Red Love that chicken from Popeyes Examples of Trademarks 26. 27! Actual use in commerce provides common law trademark rights. Limited protection in particular geographic markets without registration. State registration provides very limited protection. How do you get trademark protection? Registration with the USPTO plus actual use in commerce or intent to use in commerce. How? Search for similar marks Fill out the application Pay the registration fee 27. 28! Protects original works of authorship, including pictorial, graphic, and literary works Arises automatically upon creation But registration with the Copyright Ofce is not necessary but provides legal benets What is a copyright? 28. 29! Examples of Copyrighted Works Some elements of the text of product labels, website language Photos and graphic elements used in advertising, product labels, websites Slogans are protected under trademark, not copyright 29. 30! The Copyright Act provides certain rights to the owner: Reproduce the work Perform the work Distribute copies of the work Display the work Prepare derivative works Copyright Act Protections 30. THANK YOU