TRADEMARK PROBLEMS AND HOW TO AVOID THEM.
By Sidney A. Diamond '35.Chicago: Crain Communications, Inc., 1973.246 pp. $14.50.
The marketplace is a fascinating arena – with so many broad social issues raised in the behavior of a freely competitive market. At the same time, numerous narrow and highly technical problems face businessmen. This paradox is symbolized in the 1970's by the Consumer Movement and the application of sophisticated computer-oriented management science techniques in the solution of business problems. Sidney Diamond's book is an example of a highly specialized and technical Problem area that currently commands the attenten of both consumers and business executives.
As a lawyer and feature writer for the trade publication Advertising Age, the author has aptly blended legalistic jargon, careful documentation, and a colorful anecdotal style. The result is a highly readable and substantively useful book. Lawyers, businessmen, consumers, and students may benefit from this comprehensive coverage of such topics as the purpose and function of trademarks, trademark protection, and the relationship of trademarks to the consumer movement.
One reason for such interesting reading is our personal knowledge of so many company trademarks and brand names. Such well-known names as 7-Up, Volkswagen, Mustang, Kodak, Beefeater, Hallmark, Greyhound, and Chanel No. 5 have experienced trademark protection problems. They are only a small sample of over 400 brand names or trademarks cited by the author. Illustrative of the cases dealt with is the floor wax manufacturer who advertised, "Where there's life . . . there's bugs." Anheuser-Busch was properly concerned that this represented an infringement on its well-established slogan, "Where there's life . . . there's Bud." Despite the fact that the products were from different industries and the probability of confusing insecticide-containing floor wax with Budweiser beer was low, the court held for Anheuser-Busch. The legal grounds were a potential disparagement of a well-established slogan. Although this example may appear to be simple and uncomplicated, the reader of Trademark Problems and How To A void Them will find that there are many subtleties in the management and protection of trademarks.
Professor of Marketing at the Amos Tuck Schoolof Business Administration, Mr. Davis teaches acourse concerned with the development and implementationof marketing policy and strategydecisions.
