Twice over the past couple of weeks I’ve been asked to comment on failed and aborted legal action by brands with regards to protecting their name and image. You can read the articles here and here.
In both cases I think the larger question is not whether they should be using legal channels in their brand defence efforts, but rather whether those efforts were really an easy distraction from bigger issues.
When things are getting tough and competitors come knocking at your customers’ door, it’s relatively easy to look at those competitors and blame them for your ills. Much harder to look at what promises you are making and whether you are keeping them.
Easier to look at the colours of a new competitors buildings and claim they will cause your customers to mistake them for you.
Easier to claim that the name of a new entrant into your space is too much like yours and that people won’t realise you are different companies and buy their products instead.
It’s a distraction.
It wastes time and energy from what will truly protect you from those competitors – having a great product or service that meets customers needs and the expectations you set, and is consistently and rigorously delivered.
A brand isn’t (just) a name. A brand isn’t (just) a colour. Or a logo, or a product, or a service. It is the combination of all those things and many, many more actions, decisions and markers besides.
By all means defend your brand when it is truly warranted and be aware of what your competitors are saying and doing. But before you call the lawyers, stop and look at what you stand for, look at your values and look at your customers – those are the things most worth defending. The rest is window dressing and an easy distraction.
See you next week.
Michel Hogan is an independent Brand adviser and advocate. Through her work with Brandology here in Australia and in the United States, she helps organisations make promises they can keep and keep the promises they make, with a strong sustainable brand as the result. She also publishes the Brand thought leadership blog – Brand Alignment. You can follow Michel on Twitter @michelhogan
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