Brand & New

Following the recent wave of protests around the world centering on racial injustice and police brutality, many brands using offensive racial stereotypes have taken a stance, either voluntarily or due to social pressure. 

In the United States, in particular, consumers and media organizations have pinpointed brands like Uncle Ben’s, Aunt Jemima, and the Washington Redskins*, demanding changes or even removal of their iconic yet questionable logos. Many brands also have publicly spoken out on these social tensions, or decided to proactively change their branding strategy or even product offerings.

What are the risks when brands get involved in social issues, and how can the effectiveness of their reactions be assessed, especially in terms of consumer perception?

To discuss these issues, Brand & New welcomes Peter N. Golder, Professor of Marketing and the Faculty Director of the Tuck School of Business at Dartmouth College, in Hanover, New Hampshire. Professor Golder has been teaching at Tuck for more than a decade. The winner of many prestigious awards in marketing research, he focuses on market entry timing, new products, long-term market leadership, branding, and quality. He has won many prestigious awards in the marketing research field and was published in media such as The Economist, The Wall Street Journal and The Financial Times.
*Note: A few months ago, Uncle Ben's and Aunt Jemima each announced that they soon will be changing their name and image on their packaging; and the Washington Redskins changed its name to the Washington Football Team.

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment. 

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet
Contribution of M. Halle & S. Lagedamond - Music by JD Beats

To go further:
About Professor Peter Golder (link to https://www.tuck.dartmouth.edu/faculty/faculty-directory/peter-n-golder)

Also of interest: 

-       Marketing Dive Study: Most Americans say Brands should Respond to Black Lives Matter Movement (link to https://www.marketingdive.com/news/study-most-americans-say-brands-should-respond-to-black-lives-matter-movem/581360/)

-       BBC: Black Lives Matter – Do Companies Really Support the Cause (link to https://www.bbc.com/worklife/article/20200612-black-lives-matter-do-companies-really-support-the-cause)

-       Forbes: How Fashion and Beauty Brands are Supporting the Black Lives Matter Movement (link to https://www.forbes.com/sites/sboyd/2020/06/30/how-fashion--beauty-brands-are-supporting-the-black-lives-matter-movement/#331292b03869)

-       Fast Company: Black Lives Matter the Brand (link to https://www.fastcompany.com/3062127/black-lives-matter-the-brand)

Many brands publicly support good causes, but it’s much less common for brands to build their core identity on the idea of "giving back." That is what makes the TOMS brand pretty unique, as its message, offer, and customer base were all from the outset based on philanthropic principles, notably with their famous “One for One”  shoe-giving program. What made — and still makes — TOMS' brand strategy and implementation successful? What does innovation mean for a brand like TOMS, notably in terms of marketing and audience engagement, and in terms of corporate social responsibility (CSR) initiatives? And what are the legal challenges associated with these new ways of interacting with actual and potential clients? 
In this episode initially posted in November 2019, we discuss TOMS’ innovative brand strategy with Jessica Murray, Senior CSR and IP Director at TOMS Shoes Inc., based in Los Angeles, California With TOMS since 2013, she has spent her career protecting brands across various sectors such as luxury goods and hospitality. She shares with us her perspective on brand enforcement, and more specifically how to foster consumer loyalty through meaningful principles and genuine commitment to social causes.

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet
Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further:
About Jessica Murray (link to https://www.inta.org/INTABulletin/Pages/Tom_Shoes_IP_Director_Jessica_Murrey_Interview_7218.aspx)
- About TOMS' Stand For Tomorrow program (link to https://www.toms.com/impact)

Also of interest:
- INTA 2020 Annual Meeting & Leadership Meeting session (November 16, 2020) on "The Good Business of Sustainable Brands," moderated by Jessica Murray  (link to  www.inta.org/2020am)
- INTA Bulletin: Interview with Jessica Murray (link to https://www.inta.org/INTABulletin/Pages/Tom_Shoes_IP_Director_Jessica_Murrey_Interview_7218.aspx)
- About TOMS' founder, Blake Mycoskie (link to https://www.toms.com/blakes-bio)
- Forbes: What Retailers Can Learn About Social Responsibility From Toms and Patagonia (link to https://www.forbes.com/sites/tinamulqueen/2019/01/24/what-retailers-can-learn-about-social-responsibility-from-toms-and-patagonia/)
- INTA Daily News (page 6): Making the World a Better Place (link to https://www.inta.org/PDF%20Library/2019Daily/2019DailyNews_Day3.pdf)
- INTA 2020 March Conference, Brands in Society: Their Influence and Responsibility (link to https://www.inta.org/Programs/Pages/INTA-2020-Educational-Events-and-Programs.aspx)

Our social lives have been turned upside down over the last six months, to say the least. While we have all appreciated first-hand the consequences of the COVID-19 pandemic on our personal life, it has also impacted our professional relationships and daily interactions. Remote work seems to be here to stay with an estimated close to 30% of the workforce working at home multiple days-week by the end of 2021. 

How to overcome the challenges due to remote working when it comes to building, entertaining, and thriving through our professional relationships? How to leverage technologies, without too much trade-off in terms of authenticity and true connection? How to remain engaged and present when most interactions remain remote?

Just a few weeks before the International Trademark Association’s first-ever virtual Annual Meeting & Leadership Meeting, scheduled for November 9 to 20, 2020, who better to discuss these topics than Keith Ferrazzi, entrepreneur, TED Talk speaker, and author of the best sellers Never Eat Alone and Who's Got Your Back? as well as Leading Without Authority, recently published and the website goforwardtowork.com, for the future of work. Keith is a frequent contributor at publications such as Forbes, The New York Times, The Wall Street Journal, Fast Company, among many others. He has also been at the forefront of remote team transitions with his research, available on the website virtualteamswin.com, that also appeared in Harvard Business Review.

As the founder and CEO of the strategic consulting firm Ferrazzi Greenlight, based in Los Angeles, California, USA, Keith has been focusing on the importance of positive relationships to reach business success, addressing the behavioral issues that block organizations from reaching their goals. His previous experiences as chief marketing officer of the global hospitality company Starwood, have also contributed to build his vision on success redefinition, on the ways to Co-Elevate® to innovate and to team out to bring in the right expertise and “go higher together”. His insights shall be eye-opening for intellectual property and legal teams, and beyond.

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment. 

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD Beats

To go further:
About Keith Ferrazzi (link to https://www.keithferrazzi.com, https://www.goforwardtowork.com and https://www.linkedin.com/in/keithferrazzi/)

 Also of interest:

- Inc.com: 6 Ways to Come Back from the Pandemic with a Stronger Team (link to https://www.inc.com/magazine/202009/keith-ferrazzi/remote-team-skills-agility-collaboration-candor.html)
- INTA 2020 Annual Meeting & Leadership Meeting (link to https://www.inta.org/events/2020-annual-meeting-leadership-meeting/)
- TED Talk Keith Ferrazzi: Interdependent Leadership (link to https://www.ted.com/talks/keith_ferrazzi_interdependent_leadership)
- Chief Executive: Better Meetings during Covid (link to https://chiefexecutive.net/better-meetings-during-covid-simply-practical-tips-from-a-seasoned-ceo/)

Climate change is one of the greatest challenges of our times. Its interactions with IP are multifaceted, from « green » tech innovations to adapt or mitigate global warming to new branding strategies focused on sustainability. The IP lawyer Fabrice Mattei, based in South East Asia (Thailand & Myanmar), partner at the international law firm Rouse Consultancy, leads the IP and climate change practice, dealing with both international and local laws and policies. He shares his vision as well as his concerns about this “hot topic” and its impact on business strategies. 

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment. 

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet
Contribution of M. Halle & S. Lagedamond - Music by JD Beats

To go further:
About Fabrice Mattei (link to https://www.consultancy.rouse.com/fabrice-mattei)
About Rouse: website dedicated to IP & climate change (link to https://www.ipandclimatechange.com)

 Also of interest:

- World Economic Forum – 2019 Global Risks Report (https://www.weforum.org/reports/the-global-risks-report-2019)

- WIPO about climate change (link to https://wipo.int/policy/en/climate_change/)

- Cambridge and Columbia Universities resources about IP & climate change (link to https://www.cambridge.org/core/books/intellectual-property-rights-and-climate-change/2F51E1A75DAD3FEA96A3A88041063BFC and link to http://climate.columbia.edu)

Aside from the COVID-19 pandemic and its gripping effects, 2020 will most likely be remembered for the series of police brutalities leading to the deaths of several African Americans in the United States and a subsequent wave of protests all over the world. These movements for racial justice led to a surge in initiatives in favor of black, indigenous, and people of color, or BIPOC, both to challenge certain situations or status quo and to celebrate cultures and diversity, thereby moving the boundaries of what is considered by most as no longer acceptable.

Unsurprisingly, intellectual property (IP), as the most visible result of individuals' and companies' expression and communication, has being directly impacted. Several brands were publicly challenged for using racial stereotypes. How do these social dynamics impact trademark owners? What does IP law tell us about offensive trademarks? 

Professor Rebecca Tushnet, the inaugural Frank Stanton Professor of the First Amendment at Harvard Law School, Cambridge, Massachusetts, USA, is the guest of our new episode of Brand&New. Her research and teaching focuses on copyright, trademark, advertising, and First Amendment law. After clerking at the United States Supreme Court, she practiced IP law at Debevoise and Plimpton before turning to academia. Her blog at tushnet.blogspot.com has been on the American Bar Association 100 list of top legal blogs for several years. 

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further:
About Rebecca Tushnet: https://hls.harvard.edu/faculty/directory/11412/Tushnet/ 

Also of interest:
- Rebecca Tushnet’s blog (https://tushnet.blogspot.com)
-Harvard Business Review: “When a Brand Stands up for Racial Justice, Do People Buy It?(https://hbr.org/2020/07/when-a-brand-stands-up-for-racial-justice-do-people-buy-it)
- United States Supreme Court: Matal v. Tam (https://www.supremecourt.gov/opinions/16pdf/15-1293_1o13.pdf)
- INTA Bulletin: “International Amicus Committee Update: INTA Files Amicus Brief in U.S. Supreme Court Case on Immoral or Scandalous Marks” (https://www.inta.org/international-amicus-committee-update-inta-files-amicus-brief-in-u-s-supreme-court-case-on-immoral-or-scandalous-marks/)
- International Trademark Association’s 2020 Annual Meeting & Leadership Meeting: 12 educational tracks, including sessions entitled “Brand Authenticity: Reacting to Social Movements Quickly and Appropriately” (https://www.inta.org/events/2020-annual-meeting-leadership-meeting/)
-The National Law Review: “Trademark Trolls—A Danger to Avoid with a Re-Brand” (https://www.natlawreview.com/article/trad

First holding several executive posts at IBM—the world's largest patent holder-- during more than 25 years, then serving as Director of the U.S. Patent and Trademark Office (USPTO), and now in private practice, Dave Kappos has pretty much sat on all sides of the "IP table" over his career.
Dave is widely recognized as one of the world’s foremost leaders in the field of intellectual property. Today, he is a partner at the multi-awarded U.S. law firm Cravath, based in New York, New York, USA, and an an adjunct professor at Columbia Law School and Cornell Law School. He has received numerous accolades, including being named one of the “50 Most Influential People in Intellectual Property” by Managing IP and one of the “100 Most Influential Lawyers in America” by The National Law Journal.  
Dave's unique career pathways -having started as a development engineer- give him a complete approach of the interactions between IP and innovation, from patents to brands, so no doubt there is a lot to learn in this episode for all IP practitioners, and beyond.

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet
Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG
To go further:
About David Kappos (link to https://www.cravath.com/dkappos/)
About Cravath (link to https://www.cravath.com)

Also of interest:

INTA 2020 Annual Meeting & Leadership Meeting; relevant education tracks include “Patents” and “Innovation and the Future of IP” (link to www.inta.org/2020annual)

 Articles by David J. Kappos:

MITSloan Management Review: “Innovation-Based Technology Standards Are Under Threat”

Fortune: “Why America’s Patent System Is Not Killing Innovation”

Articles about patent wars:

The New York Times:  “Apple and Samsung End Smartphone Patent Wars”

IP Watchdog: “A Poor History of Wright Brothers Concludes They Were Patent Trolls”

In these trying times, innovation has never been so essential for brand owners, to adjust to new environments. That’s why we decided to rebroadcast the Brand & New episode (originally posted May 18, 2019) which interviews one of the marketing world’s most inspiring and powerful women, Shelly Lazarus, Chairman Emeritus of the global creative agency Ogilvy, based in New York, New York, USA.  Shelly also serves on the board of Merck & Co. and the WWF, among others. This true evangelist for the power of brands has been paving the way for women in leadership roles for many years.

Innovation will be one of the key topics at INTA’s 2020 Annual Meeting & Leadership Meeting, November 16 to 20, 2020; see Track: Innovation & the Future of IP. Register now. 

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet
Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG
To go further:
About Shelly Lazarus (link to https://www.linkedin.com/in/shelly-lazarus-3bab1b6/)
About Ogilvy (link to https://www.ogilvy.com)

Also of interest:

Gen Z Insights: Brands and Counterfeit Products
(link to https://www.inta.org/INTABulletin/Pages/Gen_Z_Insights_Impact_Study_7408.aspx)
Brands and Innovation—On-Demand Recordings (link to: https://learning.inta.org/brands-and-innovation)
Brands and Innovation Committee (link to: http://www.inta.org/Committees/Pages/BrandsandInnovation.aspx)

While most, if not all lawyers thrive for excellence and success with their clients, cases, or projects, not everyone manages to really reach and more importantly remain at the top of their game throughout their careers. Our guests today offer two different but similarly stunning examples of successful careers in the intellectual property world. 

Monique Joe is Senior Vice President, Head of Brands and Content Intellectual Property, at NBCUniversal Media, LLC, in Los Angeles, California, USA, where she oversees the IP team that supports the development of brands and the production of content for all NBCUniversal businesses globally, ranging from Universal Pictures and DreamWorks Animation to NBC and Telemundo. She was named several times by World Trademark Review as one of the World’s Leading Corporate Trademark Professionals.

Anthony Dreyer is an Intellectual Property and Sports Litigation Partner with the law firm of Skadden, Arps, Slate, Meagher & Flom LLP in New York, New York, USA.A commercial litigator concentrating on IP, sports, entertainment, and related licensing disputes, he has been named a leading trademark practitioner by both World Trademark Review and Managing Intellectual Property.

In addition to being graduates of Fordham University School of Law, both are recognized as top level IP practitioners, high achievers, and forward thinkers. Today they share their experience, vision, tips, and personal observations on the mutation of the legal industry and the challenges that poses for beginners and experienced IP lawyers alike.

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further:

About Monique Joe (link to https://www.linkedin.com/in/monique-cheng-joe-ba52111/)
About Anthony Dreyer (link to https://www.linkedin.com/in/anthonydreyer/)

Also of interest:
- American Bar Association: “An Interview between Two Generations of IP Attorneys” (link to https://www.americanbar.org/groups/intellectual_property_law/publications/landslide/2018-19/january-february/learning-each-other/)
- INTA 2020 Annual Meeting & Leadership Meeting (link to : https://www.inta.org/events/2020-annual-meeting-leadership-meeting/)
- Harvard Law School: “Lawyers as Professionals and as Citizens: Key Roles and Responsibilities in the 21st Century” (link to https://clp.law.harvard.edu/assets/Professionalism-Project-Essay_11.20.14.pdf)
- Leaders League: Ayala Deutsch (INTA): “IP Practitioners Need to Broaden Their Horizons” (link to: https://www.leadersleague.com/en/news/ayala-deutsch-inta-ip-practitioners-need-to-broaden-their-horizons)
- International Trademark Association’s “The Women’s Leadersh&l

When security breaches make news headlines, they tend to be about nefarious hackers in another country or a catastrophic failure of technology. However, employees occasionally make mistakes that can pose grave dangers to the organization’s cybersecurity, from emailing valuable data to recipients to misconfiguring assets that enable unwanted access to company information. 

Indeed, human mistakes reportedly account for one-fourth to one-third of data and intellectual property breaches within companies. The average cost of inadvertent breaches from human error is estimated to up to $3.5 millionannually; that’s without even including breaches resulting from employee willful misconduct. Many of the biggest breaches over the last decade would actually not have happened but for some form of human error.

Our guest, Dr. Adi Gillat, shares her experience related to security breaches, and to what extent intellectual property (IP) rights are at risk, particularly in the specific context of the COVID-19 pandemic that has impacted all businesses for the last few months.

Dr. Gillat has been an IP, IT, and privacy lawyer for almost 25 years, advising Israeli technology companies oncomplex tech transactions and compliance matters. Ranked among the top transactional IP lawyers in Israel, she is a founding partner at H-F & Co., based in Tel Aviv, Israel, and leads its IP, IT and Tech-Transactions practice. She is a licensed attorney both in Israel and in the U.S., where she previously practiced IP transactional and litigation law.

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further:
About Adi Gillat: https://www.linkedin.com/in/adi-gillat-8a39371/

Also of interest:

- Harvard Business Review, The Biggest Cybersecurity Threats are inside your Company (link to https://hbr.org/2016/09/the-biggest-cybersecurity-threats-are-inside-your-company)

- INTA On-demand Webcast: Data Privacy 101—How to Ensure Data Protection and Enhance Brand Value in the Age of Data Privacy (link to https://learning.inta.org/products/data-privacy-101how-to-ensure-data-protection-and-enhance-brand-value-in-the-age-of-data-privacy)

- INTA Report: Recommendations to Enhance Brand Value Through Data Protection (link to: https://www.inta.org/Advocacy/Documents/2018/Recommendations%20to%20Enhance%20Brand%20Value%20Through%20Data%20Protection.pdf

- Infosecurity Magazine https://www.infosecurity-magazine.com/opinions/employees-taking-data/

- Business Insights, Addressing Human Error causes Security Breaches (link to https://businessinsights.bitdefender.com/addressing-human-error-causes-security-breaches)

- Forbes, Remote Work involves Cybersecurity Risks (link to https://www.forbes.com/sites/ca