Trademarks, brands, and competitiveness

Trademarks, Brands, and Competitiveness Routledge International Studies in Business History EDITED BY RAY STOKES AND MATTHIAS K IPPING Management, Education and Competitiveness Europe, Japan and the United States Edited by Rolv Petter Amdam The Development of Accounting in an International Context A Festschrift in Honour of R H Parker T E Cooke and C W Nobes The Dynamics of the Modern Brewing Industry Edited by R.G Wilson and T.R Gourvish Religion, Business and Wealth in Modern Britain Edited by David Jeremy The Multinational Traders Geoffrey Jones The Americanisation of European Business Edited by Matthias Kipping and Ove Bjarnar Co-Operative Structures in Global Business A New Approach to Networks, Technology Transfer Agreements, Strategic Alliances and Agency Relationships Gordon H Boyce 10 German and Japanese Business in the Boom Years Transforming American Management and Technology Models Edited by Akira Kudo, Matthias Kipping and Harm G Schröter 11 Dutch Enterprise in the 20th Century Business Strategies in Small Open Country Keetie E Sluyterman 12 The Formative Period of American Capitalism A Materialist Interpretation Daniel Gaido Region and Strategy Business in Lancashire and Kansai 1890–1990 Douglas A Farnie, David J Jeremy, John F Wilson, Nakaoka Tetsuro and Abe Takeshi 13 International Business and National War Interests Unilever Between Reich and Empire, 1939–45 Ben Wubs Foreign Multinationals in the United States Management and Performance Edited by Geoffrey Jones and Lina Galvez-Munoz 14 Narrating the Rise of Big Business in the USA How Economists Explain Standard Oil and Wal-Mart Anne Mayhew 15 Women and Their Money 1700– 1950 Essays on Women and Finance Edited by Anne Laurence, Josephine Maltby and Janette Rutterford 16 The Origins of Globalization Karl Moore and David Lewis 17 The Foundations of Female Entrepreneurship Enterprise, Home and Household in London, c 1800–1870 Alison C Kay 18 Innovation and Entrepreneurial Networks in Europe Edited by Paloma Fernández Pérez and Mary B Rose 19 Trademarks, Brands, and Competitiveness Edited by Teresa da Silva Lopes and Paul Duguid Trademarks, Brands, and Competitiveness Edited by Teresa da Silva Lopes and Paul Duguid New York London First published 2010 by Routledge 270 Madison Avenue, New York, NY 10016 Simultaneously published in the UK by Routledge Park Square, Milton Park, Abingdon, Oxon OX14 4RN Routledge is an imprint of the Taylor & Francis Group, an informa business © 2010 selection and editorial matter, Teresa da Silva Lopes & Paul Duguid; Individual chapters, the contributors This edition published in the Taylor & Francis e-Library, 2010 To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk All rights reserved No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe Library of Congress Cataloging-in-Publication Data Trademarks, brands and competitiveness / edited by Teresa da Silva Lopes and Paul Duguid p cm.—(Routledge international studies in business history ; 19) Includes bibliographical references and index Brand name products—History Trademarks—History Commerce— History Competition I Lopes, Teresa da Silva, 1968– II Duguid, Paul, 1954– HD69.B7T693 2010 658.8'27—dc22 2009026702 ISBN 0-203-86198-1 Master e-book ISBN ISBN10: 0-415-77693-7 (hbk) ISBN10: 0-203-86198-1 (ebk) ISBN13: 978-0-415-77693-6 (hbk) ISBN13: 978-0-203-86198-1 (ebk) Contents List of Tables List of Figures Preface ix xi xiii JACK KEENAN, CEO OF GRAN CRU CONSULTING, FORMER CEO OF DIAGEO Introduction: Brands and Competitiveness TERESA DA SILVA LOPES AND PAUL DUGUID PART I Trademarks and National Competitiveness Reading Registrations: An Overview of 100 Years of Trademark Registrations in France, the United Kingdom, and the United States PAUL DUGUID, TERESA DA SILVA LOPES, AND JOHN MERCER Export Performance and Reputation 31 MARK CASSON AND NIGEL WADESON Trademarks and Performance in UK Firms 55 CHRISTIAN HELMERS AND MARK ROGERS Cobranding Product and Nation: Danish Modern Furniture and Denmark in the United States, 1940–1970 PER H HANSEN 77 viii Contents PART II Trademarks and the Law Trademarks and Infringement in Britain, c.1875–c.1900 102 DAVID M HIGGINS Trademarks, Brands, and Competition 119 JENNIFER DAVIS AND SPYROS MANIATIS PART III Building Brands Brands in Chains 138 PAUL DUGUID Turning Trademarks into Brands: How Advertising Agencies Practiced and Conceptualized Branding, 1890–1930 165 STEFAN SCHWARZKOPF Corporate Brand Building: Shell-Mex Ltd in the Interwar Period 194 MICHAEL HELLER 10 Unilever’s (Other) Brand Wars: Retailers, Private Labels, and Struggles for Supremacy within Product Supply Chains 215 PETER MISKELL Contributors Index 235 239 Tables 1.1 Number of Trademark Registrations to 1960, in France, the United States, and the United Kingdom 14 Proportion of Nondurable Consumer Goods in Trademark Register by Category: France, 1858–1970 21 Proportion of Nondurable Consumer Goods in Trademark Register by Category: United Kingdom, 1876–1970 22 Proportion of Nondurable Consumer Goods in Trademark Register by Category: United States, 1870–1970 23 Trademark Propensity and Intensity for 1,600 Large UK Firms, 1996–2000 59 IP-Active SMEs (Trademark Publications—by Sector, 2001–2005) 60 Percentage of Trademark Registration by Firm Size in the United Kingdom and the European Union, 2004 64 SMEs: Growth of Assets (2001 to 2004) and IP Activity (2001) 65 SMEs: Growth of Turnover (2001 to 2004) and IP Activity (2001) 66 3.6 SME Profitability (2002–2004) and IP Activity (2001) 67 3.7 SMEs under Years of Age: Profitability and IP Activity 68 1.2 1.3 1.4 3.1 3.2 3.3 3.4 3.5 Contributors Mark Casson is Professor of Economics at the University of Reading and Director of the Centre for Institutional Performance, also at Reading He has published widely on the economics of the multinational enterprise, entrepreneurship, and business culture He is coeditor of the Oxford Handbook of Entrepreneurship (2006) and currently holds a Leverhulme Major Research Fellowship for the study of the economics of social networks Casson is also a consultant for the DTI (Central Evaluation Team), Trade Partners UK Previously he has acted as a consultant to the European Commission (Social Affairs), New Zealand Treasury, UNCTAD (Transnational Corporations), and World Bank (various projects), as well as private companies such as BT and DTZ Jennifer Davis is the Herchel Smith College Lecturer in Intellectual Property Law in the Law Faculty, University of Cambridge and a Fellow of Wolfson College She has a particular interest in trademark law and unfair competition and has published extensively on these topics, including Intellectual Property Law in Butterworth’s Core Text series, third edition Before joining the Faculty, Dr Davis practised as a lawyer in the area of intellectual property litigation Paul Duguid is Adjunct Professor in the School of Information at the University of California, Berkeley and Research Professor in the School of Business and Management at Queen Mary, University of London He is interested in issues of quality, particularly in the ‘information age’, and this has led him to investigate methods of warranting, including trademarks He is author (with John Seely Brown) of The Social Life of Information and of essays that range from wine history to organizational knowledge Per H Hansen is Professor of Business History at the Centre for Business History, Copenhagen Business School He has published books and articles on topics as diverse as fi nancial and banking history (including fi nancial crises and central banking), the history of Danish Modern 236 Contributors Furniture Design, and organizational culture and change He is also interested in branding and consumer culture in a historical and narrative perspective He has spent two years in the USA, at Rutgers University (1997), UC Berkeley (2004–2005), and was recently Alfred D Chandler Jr International Visiting Scholar at Harvard Business School (2005) Michael Heller is a teaching fellow at the School of Management, Royal Holloway, University of London His research focuses on the history of corporate communications, such as company magazines, and is increasingly engaging with marketing and organization theory He is particularly interested in how large-scale organizations built up legitimacy and fostered relationships with their publics through the development and use of media Heller completed his PhD on the history of clerical employees in London and the development of work in large scale organizations between 1880 and 1914 Christian Helmers is a DPhil student at the Department of Economics at Oxford University and a member of Wolfson College He is also a Research Fellow at the Kiel Institute in Germany His research focuses on the link between innovation, networks, and fi rm performance He is also engaged in research on international trade and economic development Helmers studied at the Catholic Universities of Rio de Janeiro and Eichstaett-Ingolstadt before earning his fi rst degree in Economics from the University of Lausanne He also holds an MSc from Oxford University and a postgraduate degree from the Kiel Institute David M Higgins is the 40th Anniversary Reader in Business and Economic History at the University of York His major research interests are the UK textile industry; aspects of corporate governance and industrial performance, including mergers and acquisitions; and the protection of intellectual property He has received grants from the ESRC, Leverhulme Trust, and the Nuffield Foundation He is a Fellow of the Royal Historical Society Jack Keenan has managed great global trademarks throughout his business career He is the former CEO of Diageo’s wine and spirits business, with leading worldwide brands such as Smirnoff Vodka, Johnnie Walker Scotch whisky, Baileys Irish Cream, Tanqueray, and Gordon’s Gin, and so many more Diageo is the leading premium drinks company in the world, and was formed when Jack merged Grand Metropolitan’s International Distillers and Vintners with Guinness’s United Distillers in 1997 Jack then led the acquisition of Seagram’s wine and spirits, which completed the initial consolidation of the industry Prior to joining the wine and spirits industry, Jack worked for 33 years for the leading food Contributors 237 company in the USA, General Foods, and its successor company, Kraft Foods Ultimately, Jack was CEO, and then Chairman, of Kraft Foods International Among the brands he nurtured were Maxwell House Coffee, Jacobs Suchard, and, of course, Kraft Cheese In 2001, Jack founded Grand Cru Consulting Ltd., and in that capacity chairs the Stock Spirits Group and is a nonexecutive director of Synergy Group (Moscow) and Revolymer Ltd Jack graduated with honors from Tufts University in Boston and earned an MBA from Harvard University Teresa da Silva Lopes is Professor of International Business at the University of York Her research interests range from globalization, the evolution of international business and the multinational enterprise, to international strategy and marketing, the role of brands in the creation of global capitalism and corporate governance She is the author of numerous books and articles on brands and trademarks and the growth of fi rms, including Global Brands and the Evolution of Multinationals in Alcoholic Beverages (2007) and Internationalisation and Concentration in Port Wine (1998) She is completing a ESRC-funded project on the history of brands and trademarks, jointly, with Paul Duguid and John Mercer She has held visiting research fellowships at the University of California Berkeley, and École Polytechnique, and a postdoctoral position at Said Business School, Oxford University She is currently a Council Member and Webmaster of the British Association of Business Historians, a member of the Newcomen Prize Committee of the journal Enterprise & Society, a fellow of the Network on Dynamics of Institutions and Markets in Europe (DIME), codirector of the Centre for Globalisation Research (QMUL), a visiting research fellow at Universidade Católica Portuguesa, and a research associate of the Centre for International Business History and Centre for Institutional Performance at the University of Reading She is former Reviews Editor for the journal Business History, and Trustee of the American Business History Conference Spyros Maniatis is Professor in Intellectual Property Law, Queen Mary, University of London His research interests are in the history and economics of trademark law and innovation theories Selected books include Trade Marks in Europe: A Practical Jurisprudence (Sweet and Maxwell 2006); Perspectives on Intellectual Property (Vol 4): Intellectual Property and Ethics, with L Bently (eds.) (Sweet & Maxwell 1998); Trade Marks, Trade Names, and Unfair Competition World Law and Practice, with J.R Olsen and C Garrigues (Sweet & Maxwell; FT Law & Tax 1996) John Mercer is Postdoctoral Research Assistant in the School of Business and Management at Queen Mary, University of London, investigating the history of trademarks He has published on propaganda and 238 Contributors politicized consumption in the votes-for-women movement in Britain, as well as on the history of brands and trademarking He received his PhD in History from the University of Portsmouth Peter Miskell is a Senior Lecturer in Business History at the University of Reading Business School His main research interests are in the history of the international fi lm industry and the evolution of multinationals in the fast moving consumer products sector He has recently published articles in both areas in journals such as Business History Review, Business History, Economic History Review, and Enterprise and Society Mark Rogers is Economics Fellow at Harris Manchester College, which is Oxford University’s mature student college His research encompasses economic growth, intellectual property, and innovation He analyses country-level data to understand how technology, education, and communications interact to yield economic growth He also uses fi rm-level data to investigate the impact of innovation and intellectual property, with a specific focus on SMEs He received his PhD in Economics from the Australian National University in 1997, after studying at Warwick University and the London School of Economics Stefan Schwarzkopf is Lecturer in Global Marketing in the School of Business and Management at Queen Mary, University of London His research interests are in the history of advertising, market research and public relations in the twentieth century Schwarzkopf is a graduate of the University of Jena (Germany) His PhD at Birkbeck College is on the institutional and cultural history of the advertising industry in Great Britain from 1900 to 1950 He has work experience in the advertising and PR industry, where he worked for Philip Morris brands (Marlboro) and Absolut Vodka Nigel Wadeson is Lecturer in Economics at the University of Reading His main research interests lie in information processes, decision making, the internal organization of the fi rm, contracting relationships, and entrepreneurship A natural application of his expertise is to the role of reputation in trade He has also been involved in a number of projects providing high-level policy advice on export promotion He is co-editor of the Oxford Handbook of Entrepreneurship (2006) Index Page numbers in italics denotes an illustration/table A Aaker, D 165 accreditation 47 acquisitions 120, 124, 125, 131, 133, 179, 184, 196, 227, 228 Adidas adverse selection 33 Advertiser’s Weekly 165, 184, 186 advertising 37, 123–4; comparative 126–7, 131; functions of 123; and innovation 123; use of behavioural psychology 208 advertising agencies 165–88; and market research 167; and meaning transfer process 85; turning trademarks into brands 6, 165–88; see also JWT Advertising Association 187 Aerated Bread Company v Albert Baker (1898) 107, 115n22 Airport (film) 204 Akerlof, G 158 alcohol trademark cases 150–1 AMD 140, 154, 157 American Fruit Growers Inc 172 American Marketing Association 78 American Standard Oil 197 Andersen, Hans Christian 92 Android 158 Anglo-American 197 Anglo-Persian Oil Company see APOC Anholt Nation Brands Index 44 Anholt, S 79, 97 Annual Reports of the Patent Office 28n3 APOC (Anglo-Persian Oil Company) 196, 197 Apple 152, 156, 161n27 Arla 80 Arrow, K 158 Arsenal Football Club v Reed 132n1 art, modern see modern art Arts of Denmark exhibition (1960) 88, 91, 93 Association of Danish Crafts 88 AT&T 152, 161n23, 194 authors: and book supply chain 144–6 Automobile Association (AA) 125 Ayer, N.W 167, 169, 170–2, 171, 172 B Bacon, Francis Bailey, Charles 111–12 barcode scanning technologies 223 Baroncelli, E 47 Barrett, Thomas 169 Bass 13, 168 Beddington, Jack 204, 205 behavioural psychology 208 Benson, S.H 169 Bently, L 9, 16 Bernstein 209 Betjeman, John 208, 209 Bird, W.L 194, 195 Birds Eye 215 Blackett, Tom 166–7 Blagden, C 142 Blanchard v Hill (1742) 12 Bloom, N 75n18 ‘Blue Goose’ brand 172, 172 book supply chain 5, 139, 141–6, 151, 157 booksellers 143, 145 Boots 125, 195 Bosie, David 156 ‘Bovril’ 110, 116n37 Boyle, Robert 148, 157 BP 196, 197, 211 240 Index brand equity 118 brand extension 125 brand identity 98n3, 168, 173 brand image 36, 56, 79, 98n3, 115, 121, 165, 166, 168, 173, 178–184, 186–190, 194, 217, 218, 220, 221, 224, 227, 230; and market power 220–4 brand loyalty 183 brand management: formalization of in law and marketing thought 183–7 brand name xiv, 35, 40, 103, 144, 151, 167, 169, 177, 187, 215, 220 brand personality 168 brand wars 7, 138, 215, 216 brand(s): advertising and turning trademarks into 6, 165–88; aspects of 121; attributes 120; and consumers 78–86; definition 1, 78, 120–1; disadvantages of 1; power of 157; relationship with trademarks 120–2, 165–6; ‘scientific’ concept of 167–8; strategies 216; transferability of 121 Britain: advertising agencies 169–70, 183–7; corporate branding 195; JWT’s Lux advertising campaign in 180–3, 182; marketing activities by Lever in 179; patent applications 56–7, 72; reputation and export promotion 49–52; SME trademarks 58, 60; trademark infringement see infringement; trademark propensity and intensity 58, 59; trademark registration 3, 9–27, 56; annual total 13, 14–16, 14, 15, 5; consumer goods sector 18–23, 19, 21–3, 27; contributions to annual rates 17–18; international 24–6, 27; and law 11–14, 184 trademarks and performance see performance; wine trade 146–50 Broadbent, H.F 202, 203 Brook, H.L 202, 202 Brown, Ralph S 123 Browne, Thomas Brooks 169, 170 Brunswick Corp v British Seagull 135n57 Bulletin Officiel de la Propriété Industrielle 12, 28n3 buyouts, private equity 125 Byron, Robert 207, 208 C Cano, C 179 Carrefour 220 Carter, Denis 154 cartoon crisis (Denmark) 80, 99n6 Casson, Mark 3, 31–52 celebrity endorsement 41–2, 85 certification: and reputational intermediation 38–9 chains see supply chains; value chains Chandler, A.D 9; Scale and Scope 15 Chartier, R 145 chemical industry 50 chilled ready meals 223 Chocosuisse (and others) v Cadbury Ltd (1998) 102, 114n4 Chorion PLC 74n13 Chrysler 125 Cisco 140 clothing 42; and trademark registration 20 cobranding 77–98 see also Danish Modern Coca-Cola 83, 161n21 coinage 41 Colgate-Palmolive 179 collective reputations 39–42, 45–7 collective trademarks 45 Commager, Henry 93 commodity chain approach 159n3 Common Law 108, 112, 116, 145 see also Law Community trademarks see CTMs Compaq 153, 154, 155 comparative advertising 126–7, 131 confidential information 134n46 Connolly, Cyril 208 consumer goods sector: and trademark registration 18–23, 19, 21–3, 27 consumers 124; advantages of trademarks to 103–4; and branding theory 78–86; identifying of buying patterns by supermarkets 223 Contact (film) 204 Copenhagen 92 copyright 144 Corbett, Adrian 210 corporate brand/branding 79–81, 84, 98n3, 100–152, 155, 166, 194–212, 220, 224; benefits 194; see also Shell-Mex Index corporate identity 98n3, 194, 196; and Shell-Mex 6, 210 corporate image 98n3, 194, 211 Council for the Preservation of Rural England see CPRE counterfeiting 12, 41, see also imitation country of origin 44, 47, 83, 84, 94, 97 court 4, 5, 9, 17, 28, 106, 107, 110, 113, 116, 122, 123, 127, 131–135, 147, 150, 153, 156; of Appeal 110, 113, 128; of Equity 112, 150; European Court of Justice 119, 126, 127; High Court 128, 129; Supreme Court 12, 17, 25; US Court of Appeal 126, 129, 130 CPRE (Council for the Preservation of Rural England) 207, 210, 211 Crawford, W.S 188 creative destruction, notion of 3, 69, 71, 73 CTMs (Community trademarks) 56, 58, 62, 66, 67, 69, 74n3 cultural branding 84, 86, 90 cultural meaning transfer 84–6, 87 Curll, Edmund 144 Curry, J 140 Cusamano, M 141, 156–7 D Daniels, Samuel: History 159n6 Danish Modern 3–4, 77–98; decline in United States and reasons 96; growth in success 87–8; interaction with Danish image in United States 77, 78, 90, 93–6, 97; introduction to US market and reasons for success 88–90; key concepts of 87; origins 87 Danish shopping 77 Danish Society of Arts and Crafts and Industrial Design 88 Danish Tourist Association 91, 92 Davies, A 183 Davis, Jennifer 4, 5, 119–31 Dawson, N 184 de Chernatony, L 121, 133n6, 165 Defoe, Daniel 160n17 Dell 138, 140, 153, 156, 157 Denmark: branding of in United States 91–7; cartoon crisis 80, 99n6; furniture exports to United States 94, 95; see also Danish Modern 241 Denmark for Design 77 Design in Scandinavia exhibition 91, 93, 94 Dessau, Axel 91, 92 Dewhurst, John 108–9, 116n25 Diageo 134n37 differentiation 43, 57, 86, 98, 230 Digital Equipment Corporation (DEC) 151 ‘dilution’, trademark disk drive manufacturers 140, 159n4 distribution 73, 143, 150, 159, 170, 196, 197, 200, 203, 218; channels 168, 180, 195, 196; methods 177; networks 103, 142, 143, 218, 219, 231; rights 142 Donaldson v Beckett (1774) 145 dress: and brand of group 41 drink: alcohol trademark cases 150–1; and trademark registration 20, 21, 22 Duguid, Paul 2, 5, 7, 9–27, 138–58 Dunkin’ Donuts 125 Dunton, John 143 Dyson Ltd 130 E Easyjet v Dainty (2001) 102, 114n4 ECJ (European Court of Justice) 119, 126–7, 128–9, 130 economic theory 3, 31–2 economy: impact on trademark registration 17 Ehrmann brothers 107, 115n21 ‘1847 Girl, The’ 170, 171 Elizabeth Florence Emanuel 121–2 Elliot, R 183 Ellis, Clough William 207 Emanuel, Elizabeth Florence 121–2 emotional selling proposition (ESP) 183 encyclopaedias 160n9 Erne 144 EU (European Union) 44 European Court of Justice see ECJ European Trade Marks Directive 74n2 experience goods: and search goods 33–4 export performance: and reputation 3, 32, 44–52, 48 external reputation 42–3 F Fairtrade 44 fancy marks 107, 109 242 Index fashion system: and meaning transfer process 85 Federal Trade Commission 98n4 Feeny, S 60 Ferrier, R.W 197 firm size: and trademark registration 64 Fitzgerald 198 food products: geographical indications for 45; and trademark registration 20, 21, 22, 27 Ford 194; acquisition of Volvo 125–6, 134n35 foster brand bonding 168 France: guild system 12; Napoleonic Code 24; trademark registration 3, 9–27; annual total 13, 14–16, 14, 15; consumer goods sector 18–23, 19, 21–3, 27; contributions to annual rates 17–18; international 24–6, 27; and law 12 Fraser v Thames v Thames Television Ltd (1983) 134n46 fraud 40 free riding 40, 47, 49, 126 Friedman, W 169 Fruin, W 139 G Gardner, Burleigh 188 Gateway 156 Gawer, A 141, 156–7 GDP: and trademark registration 17, 29n15 General Motors 138, 194 geographical indications 45 geographical marks 109 Germany: increase in trademark activity 56 Gilbeys 160n19 Gillette: merger with Procter and Gamble 161n21 Glambek, Ingeborg 99n8 global: advertising 188; brand 167, 168; firm 114; market 125; reputation 51 (see also reputation) globalization: and trademark registration 18, 29n16 GM v Ford v Chrysler 138 Godinho, M 57 Gordon, Elizabeth 94, 95–6 Goschen Committee 184 Gospel, H.F 198 government: and export promotion 49; and nation branding 45 GrandMet 134n37 Greeley, Arthur 15, 39n14 Greenhalgh, C 62, 63, 64, 65, 66, 69 Griliches, Z 59 groups: and collective reputations 39–42; defining of by brand 41; internal and external reputation 42–3; spontaneous 42; status within 43 Grove, Andrew 153, 154 growth studies 59–60 guilds: decline of 12 Guinness: merger with GrandMet 134n37 H Hald, A 93–4 Halford, F.L 200 Hall, B 59 Hans Christian Andersen (film) 92 Hanssen, Per H 3–4, 77–98 hard disks 140, 159n4 Harp, S.L 200 Harris, M 60 Hart, P 60 Hedges and Butler 149 Heijn, Albert 220 Heller, Michael 6, 7, 194–212 Helmers, Christian 3, 17, 55–73, 60, 63, 64, 65, 69 Hennessey 151 Herschell Committee 109–10, 111, 116n30, 117n40 Hewlett-Packard 156 Higgins, David M 4, 5, 102–14 high-tech brands Hollywood 146 Holt, Douglas 78, 84, 86, 90, 97, 182 Holt, R 59 Hugo Boss 125 I IBM 15, 151–3, 158 ice cream: and Unilever 228–9 ICI 195 identity: brand 98n3, 168, 173; corporate 6, 98n3, 194, 196, 210 ‘identity brand’ 182 identity products 79 IKEA 84 image, see brand image; corporate 6, 28, 79, 98, 194, 195, 207, Index 211, 217; country 3, 4, 45, 50, 77–99; industry 45, 50; product 46 imitation 105, 108, 112, see also counterfeiting individual brands xv, 5, 28, 32, 194, 224 Industrial Welfare Society 198 industry-level trademarking 69–72 information asymmetry: and trademarks 57 infringement, trademark (Britain) 102–14, 184; definition 102; evolution of trademark law following Trade Marks Act (1875) 106–10; and Lancashire cotton textile industry 111–12; law and trademark registration 104–6 injunction 112, 113 intellectual property 9, 10, 16, 56–58, 65, 73, 114, 127, 131, 153, 155, 165, 166, 229 Inn Crystal v Waterford Wedgewood Plc (2005) 102, 114n4 innovation: as ‘creative destruction’ 69, 71, 73; definition 129; and trademarks 3, 57, 119, 120, 122–4, 127–30, 131 intangible assets 61, 62, 125, 187 Intel 46, 133n15, 138, 140, 141, 152, 153, 154–5, 156–7 ‘Intel Inside’ campaign 46, 154, 155, 157, 161n27 intellectual property rights 127 Interbrand 167 intermediation: and export promotion 47–8, 48; and reputation 37–9 internal marketing: and Shell-Mex 197–200, 211 internal reputation 42–3 International Air Traffic Association 203 International Standards Organization 44 International Trademark Association (INTA) 120 Inwood Laboratories Inc v Ives Laboratories 129 J J Walter Thompson see JWT Jaffe, E.D 81, 84 James, Henry 145 Japan 44; trademark applications 56 243 Johns, A 142 journals, in-house 198–9 Juhl, Finn 87 JWT (J Walter Thompson) 167, 169, 173–6, 174, 184, 187, 188; advertisement 185; conducting of research surveys 180; founding 173; Lux campaign in America 178–9; Lux campaign in Britain 180–3, 182; services provided 173, 175; use of market research 181–2 K Kahn, B.Z 16 [or Khan?] Kaye, Danny 92 Kennedy, John F 95 Kenney, M 140 King’s Patent Agency 170 Koehn, N 140; Brand New 16 Kotler and Gertner 78 [not in bib] L Lancashire cotton textile industry 4, 111–12, 116n39 Landes, N 5, 123 Landor 167 Langdale, Lord 105 Langlois, R 139 Lanham Act (1946) 13, 28n11 15 law 4–5; evolution of trademark 106–10; formalization of brand management in 183–7; trademark registration and 11–14, 104–6; see also Common Law Leaf, Son & Co 116n34 legal issues 105, 108; see also law LeMahieu, D.L 208 Lever Brothers 6, 167, 168, 178, 179, 195 see also Lux Lever v Goodwin (1886) 112 Lever, William Hesketh 170 Levy, Sidney 188 Licencing Act (1662) 143 lifestyle brand 168, 182–3 lifestyle research 168 Lindemann, J 134n37 line extension xiv, xv, 125, 168, 178 linear regression model 29n15 69 Linux 154 Litman, Jessica 123–4 logo 36 London Press Exchange: trade advertisements 186 244 Index London Underground: use of modern art by 195, 207 Lopes, Teresa da Silva 1, 2, 9–27, 78, 166 Lord and Thomas advertising agency 169, 179, 188 L’Oreal v Bellure (2007) 133n15 loyalty cards 224 Lux 170, 176–83, 176, 177, 182, 215 Lyle’s Golden Syrup 168 M Macaulay, T 141 McCann-Erickson 169 McCracken, G 77, 78, 84–5, 87, 96, 97 MacDonald, M 165 McGahan, A 75n18 McKendrick, D 140 McKinsey 226 Macpherson, A 59 Madrid conference (1891) 29n16 Maeder, Joseph Emil 115n23 magazines, company: and Shell-Mex 198–200 Magnum brand 229 Mairesse, J 59 Majaro, S 129 management fad view of trademarks 57–8 Maniatis, Spyros 4, 5, 119–31 Marchand, R 194 margarine: and Unilever 229 market research: and advertising agencies 167; use of by JWT in British Lux campaign 181–2 ‘market stealing’ 75n18 marketing: xiii, 2, 5, 16, 17, 27, 31, 37, 73, 87, 91, 95, 128, 130, 147, 166, 169, 177, 179, 187, 196, 197, 200, 201, 202, 205, 211, 212, 215, 224, 228–231; agreements 197; approach 31; campaign 61; communications 169, 188; concept 45; division 220, 224, 226; expenditure xv, 37, 141, 154, 156; externalities 211; firms 6; internal 197, 198, 202; managers 216, 218, 230; practitioners 179; process 80; programmes 196; relationship 168; research 31, 80; strategy 6, 7, 35, 102, 154, 167, 210, 211, 216, 224, 230; thought 183 Marks and Spencer 223 mass promotion 169 material cultural framework 78, 79 Mather and Crowther 169 meaning transfer see cultural meaning transfer media 36, 49, 50, 81, 85, 90, 141, 167, 169, 173, 195, 196, 202, 205, 211 medicine: and trademark registration 18, 20, 21, 22 Mendonỗa, S 57 Mercer, John 2, 9–27 Merchandise Marks Act (1862) 105–6, 115n10/11 168 Merchandise Marks Committee 184 Merger 134, 161, 196, 225, 236 Methuen Treaties (1702/3) 146–7 Michael Hölteroff v Ulrich Freiseleben 134n44 Michelin 200 Microsoft 44, 138, 140, 141, 152, 153, 154–5, 157 ‘Microsoft trial’ 155–6 Miller, P 167 Millington v Fox (1838) 105 Milton, John 144 Miskell, Peter 6–7, 215–31 misrepresentation 112 modern art: sponsoring of by Shell-Mex 195, 205–8, 206, 211; use of by London Underground 195, 207 moral hazard 33 multivariate regression analysis 62, 66, 75n14 myths 79, 81–2, 86, 90; supporting 35–6, 51 N name 36 narratives 86 Nash, John 208, 209 nation: as an imagined community 81 nation brand(ing) 45, 78, 79–84; as a construction communicated within and outside the nation 82; and nation image 82–3; as product specific 81; and reputation 45 nation-building process 81–2 nation image 78, 81–4, 85 national identity: ruralization of British 210 Nebenzahl, I.D 81, 84 Index Nelson, P 133n21 Nevett, T 167 Nike North, D.C 28n4 Nye, Vernon 211 O OEMs (Original Equipment Manufacturers) 153–4, 155, 156, 157 Official Gazette of the US Patent Office 12, 28n3 Ogilvy, David 188 oil industry 210 Olins, Wolf 79, 81–2, 167 Omo 215; v Ariel 216 Original Equipment Manufacturers see OEMs Oulton, N 60 Oxford Intellectual Property Research Centre 58 P Paine and Co v Daniell and Sons’ Breweries (1893) 108, 116n24 Palmolive Toilet Soap 179 passing-off 103, 104–59, 112, 113, 114n3 patents 5, 55, 127–30; applications 56–7; and performance 72; and SME growth rates 65, 66, 66 Patents, Designs and Trade Marks Act see Trade Marks Act PC chain 139–41, 151–8 PC sector 138 Pear’s soap 169 Penrose, E 59 Pepsi v Coke 138 Pereira, T 57 performance (and trademarks in UK) 3, 55–73; data 58, 59, 60; industry-level trademarking and Schumpeterian effects 69–72; and productivity 59, 62–3, 72; share-market value and large firms 59, 61–2, 72; and SMEs 63–9; techniques to assess 58–60 Persil 183 personal computers see PC Pettit, M 167 pharmaceutical industry 50–1 Philips Electronics 128; v Remington (1999) 128; v Remington (2002) 129, 135n54; v 245 Remington (2005) 129, 135n55; v Remington (2006) 102, 114n4 Pick, Frank 207 Pilkington 195 Pinedo, Marchese de 201, 201 Pipeline, The (magazine) 198–200 place branding 79, 82, 99n7 Plant, Arnold 186–7 ‘platform leadership’ 141, 156–7 port 146, 147, 148, 149 Portugal: and trademark registration 26; and wine 146–8 Posner, R 5, 123 Powell, William 112–13 Praba 124 press: development of 141–2 price premium 34, 35 printers/printing 142–3 private labels: and retailers 216, 220–4, 230 Probit model 64, 71 Procter and Gamble 161n21, 179, 184, 187–8 product brand 78, 81–4 productivity: and trademarking 62–3, 72 productivity studies 59 professional associations 39 profitability: trademarking and SMEs 66–7, 67, 68, 73 profitability studies 60 Protected Designation of Origin 45 Protected Geographical Indication 45 Prudential Assurance Company 195 publishers 143, 144, 145 Pugh, R 198 Q quality 103, 157–8 quick frozen food (QFF) market 221–2, 222 R Rama 215 Ramello, G.B 36 Rank Hovis McDougall 124, 134n28 Rasmussen, Steen Eiler 99n9 regional reputation 52 regions: and collective reputations 45 registration, trademark see trademark registration(s) relationship marketing 168 Remington Consumer Products 128; court cases against Philips see Philips Electronics 246 Index reputation xiii, xiv, 2, 3, 31–53, 103; and adverse selection 33; building of as a business strategy 36–7; and country-of-origin effects 44, 47; economic effects of 32; and export performance 3, 32, 44–52, 48; formation of social groups and collective 39–42; as fundamental to market operations 33, 35; interdependence of agents 32; and intermediation 37–9; internal versus external 42–3; key concepts in study of 32–6; and logo 36; and moral hazard 33; and nation branding 45; national 50–1; regional 52; sector 51–2; and supporting myth 35–6 reputation-owner 33 retail sector (UK) 58 retailers (supermarkets) 46, 215, 216; barcode scanning technologies 223–4; identification of consumer buying patterns 223; loyalty cards 224; and private labels 216, 220–4, 230; reasons for growing market power of 218, 219; response to threat of by Unilever 224–7, 230–1; and Unilever 216–20, 230 Rewe-Zentral v OHIM (2002) 133n2 Richardson, G 140–1 Riley, F.D 121, 133n6 Rinso 183 Rivoli, P 83 Roger Bros company 170, 171 Rogers, Mark 3, 17, 55–73, 60, 62, 63, 64, 65, 66, 69 Rose, N 167 Rosetree and Co 110 Rotha, Paul 204 Royal Dutch Shell 6, 196 see also ShellMex rubic cube 135n56 Russell, T.: Commercial Advertising 208 S Sainsbury’s 220, 223 Samsung 134n37 Sandeman 149 Schankerman, M 75n18 Schecter, Frank I 16, 123, 167 scheme marketing 217–18 Schultz, M 166 Schumpeterian effects: and industrylevel trademarking 3, 55, 69–72, 73 Schwarzkopf, Stefan 6, 7, 165–88 search goods: and experience goods 33–4 Sebastian, Lewis 103–4 sector reputation 53 ‘See Britain First on Shell’ campaign 205, 206 Sells 169 service sector firms 55, 58 Seyferth, Karl 170 Shakespeare, William 145 shapes: and trademark registration 128–9, 130, 135n48 share-market value: and UK trademark activity 59, 61–2, 72 Shell Aircraft Service Stations 204 Shell Aviation News 200, 202 Shell County Guides 208–11 Shell-Mex 195–212; association with aviation 201–5 association with rural Britain and alliance with CPRE 207, 210, 211; 198; and corporate brand building 196; County Guides 204, 208–11; emphasis on contribution to the economy and welfare of Britain 210–22; exhibitions of art and advertising 207–8; Facts Relating to Shell-Mex and BP Ltd 211; focusing of publicity on car racing and speed records 201, 201; house magazine and role of 198–200; internal marketing 197–200, 211; overview 196–7; press releases 202; promotion of company through film 204–5; and Shell Aviation News 202; sponsorship of modern art 195, 205–8, 206, 211 Sherman Act 20 Sherman, B 9, 16 Signal v Crest 216 Silva, F 36 Silverman, B 75n18 SMEs (small and medium sized enterprises) 58, 60, 63–9, 73; definition 74n11; failure rate 63–4; growth of and trademarking 65–6, 65, 66, 73; industry trademarking and Schumpeterian effects 71–2; Index profitability of and trademarking 66–7, 67, 68, 73; survival and trademarking 64–5, 73; trademark registration 63, 64, 73 Smith, Adam 161n28 Smiths 169 social groups: collective reputations and formation of 39–42 Sony 156 Sosthène Thomas v Lovie (1855) 17 spill-over effects 75n18 spontaneous group 42 Stationers’ Company 142–3, 146, 158 Stationers’ Register status: within groups 43 status-related products: and trademarks 43–4 Statute of Anne (1709/10) 144, 145 Statute of Monopolies (1624) 12 Strode, Hudson 91–2 subjectivity 32 Sunlight Soap 168, 170, 179 Sunsilk 215, 228 supermarkets see retailers supply chains 5, 138–58, 215; book 5, 139, 141–6, 151, 157; origin of concept as military 159n3; PC 139–41, 151–8; wine 139, 146–51 supporting myth 35–6, 51 Supreme Court 12, 129; (1879) decision 17, 25 [1979 p.25] survival: and trademarking of SMEs 64–5, 73 survival studies 60 Swift, Jonathan 147 T Tedlow 169 ‘These Men Use Shell’ campaign 205, 206 Thomas Brooks Browne see Browne, Thomas Brooks Thomas, Glenn 124–5 Three Marks Rule 111 tobacco: and trademark registration 20, 21, 22 tobacco trusts 20 Tommy Hilfiger 125 Tonson, Jacob 143 Toshiba Europe v Katun Germany Gmbh (2001) 134n44 Toy Corp v Plawner Toy Mfg Corp 135n56 247 trade associations 39, 49 trade dress 129 trade fairs 52 Trade Marks Act: (1875) 4, 13, 102, 106–7, 110–11, 112, 115n16, 168; (1883) 28, 107, 109–10, 113, 114n2, 116n27; (1888) 110, 114n2, 116n13; (1905) 107; (1994) 74n2 Trade Marks (Amendment) Acts (1937/38) (Britain) 184 Trade Marks Directive 122, 127 Trade Marks Journal 28n3 106 trademark registration(s) 9–27; annual figures 13, 14–16, 14, 15; and consumer goods sector 18–23, 19, 21–3, 27; contributions to rates 17–18; countries functioning in 28n2; international 24–6, 27, and law 11–14, 104–6 see also Trade Marks Acts; neglect of in studies 9; purpose 122; see also Britain; France; United States trademark(s) 36; business-economic advantages of 103–4; canonical views of 57–8; characteristics 56; collective 45; definition 1, 36, 56; designing and effective 43–4; economics of 57–8; functions of 119; and geographical indication 45; growth in activity 56, 57; imitations of 40; and innovation 3, 57, 119, 120, 122–4, 127–30, 131; longevity of 113; and performance in UK firms 55–73; relationship with brands 120–2, 165–6; turning into brands by advertising agencies 165–88; as type of intellectual property 165 Traditional Speciality Guaranteed 45 TrafFix 129–30 Tribunal de Commerce 12 U UK Intellectual Property Office 56, 74n3 UK Trade and Investment 47, 49–50, 51, 52 UKTM (UK Trademark) 56, 58, 74n2 Unilever 6–7, 170, 187–8, 215–31; distribution system 218–19; diversification and acquisition 227–30; and ice cream 228–9; 248 Index and margarine 229; and private labels 220–4, 228; and quick frozen food (QFF) market 221–2, 222; threat from retailers and response to 216–20, 224–7, 230–1; rivals 215 United Kingdom see Britain United States: advertising agencies 170–83 see also Ayer, N.W and JWT; branding of Denmark in 91–7; corporate branding 194–5; Danish furniture exports to 94, 95 see also Danish Modern; increase in trademark activity 56; patents 16; trademark registration 3, 9–27; annual totals 13, 14–16, 14, 15; consumer goods sector 18–23, 19, 21–3, 27; contributions to annual rates 17–18; international 24–6, 27; and law 11–12 unfair competition 56, 133, 135 UNIX 152, 161n23 US Patent and Trademark Office 11, 12–13, 173 utility 32 V Valentino 125 value chain xiv, 7, 230 value of brand 120, 122 123 Van Duzer 116n34 van Houten, L 89–90 Van Reenen, J 75n18 VAX microcomputers 151–2 vertical competition 88, 138–9, 158, 215, 216, 230 vertical integration 139–40, 142, 152, 158, 219–20, 225 Victoria Wine 160n19 Viennetta 229 Volstead Act (1919) 20 Volvo: acquisition of by Ford 125–6, 134n35 W Wadeson, Nigel 3, 31–52 Wal-Mart 161n21 Waley Cohen, Sir Robert 198 Wegner, Hans 87, 95 Wilkins, M 15–16 Wilkinson v Griffith Bros (1891) 107, 115n20 Williams, R 141 Wills 168, 169, 195 Wine Company 147–8, 158 wine trade 5, 139, 146–51, 157–8 Wither, George 144 Woolmark 44 writers’ strike (2008) 146 W.S Crawford Ltd 183 Y Yorkshire Relish Case 112–13 ... Pérez and Mary B Rose 19 Trademarks, Brands, and Competitiveness Edited by Teresa da Silva Lopes and Paul Duguid Trademarks, Brands, and Competitiveness Edited by Teresa da Silva Lopes and Paul.. .Trademarks, Brands, and Competitiveness Routledge International Studies in Business History EDITED BY RAY STOKES AND MATTHIAS K IPPING Management, Education and Competitiveness. .. DAVID M HIGGINS Trademarks, Brands, and Competition 119 JENNIFER DAVIS AND SPYROS MANIATIS PART III Building Brands Brands in Chains 138 PAUL DUGUID Turning Trademarks into Brands: How Advertising