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ARTICLE · 19 FEBRUARY 2015

The Virtue Of A UPC Code For Brand Protection

Fox Rothschild LLP
Fox Rothschild LLP
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A brand is a brand is a brand…or so it would seem. Purveyors of fashion understand the allure of a brand in connection with sales.

United StatesIntellectual Property

A brand is a brand is a brand...or so it would seem. Purveyors of fashion understand the allure of a brand in connection with sales.  While knock-offs are ubiquitous and virtually a religion in the United States, apparel which is branded with a recognized label has a greater cachè and commands both prestige and better pricing.  The trademark serves not only to identify the source of the garment but the quality and standards associated with the trademark.  So when a consumer opts to buy a branded product as opposed to a knock off, there is an implied guaranty of certain quality standards associated with such a brand.

Licensing brands and ancillary thereto franchising have become integral to the growth and breadth of a brand's expansion.  Because of the consumer's understanding, a licensor who engages in naked licensing can lose its trademark.  A naked license is one in which the licensor does not retain or enforce quality controls.  The reason should be obvious, if a

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