Abstract

AbstractThe analysis considers the way in which Burberry masterfully capitalized on consumers’ emotional attachments to social and cultural events and technological changes since the company's establishment in 1856 to the present day. To this end, the article examines Burberry's branding strategies and the brand's image as reflected in its advertisements over a period of over 100 years. The case study highlights the increasingly important role of consumers in creating or destroying a brand's image, raising some questions about some of the assumptions with which the European trade mark law operates in the area of dilution.

Highlights

  • The idea of protecting trade marks with reputation against dilution is justified, among other things, on the principle that it is only fair to reward the trade mark holder for her financial investment in creating a strong brand.1 The idea that the image and value of the trade mark are under the exclusive control of the trade mark holder, regarded by Gangjee as “the corporate or managerial approach to brands”

  • From the analysis of the criteria used to measure reputation it seems that the trade mark holder is the one who is considered the “author” of the brand image and of the messages it conveys

  • At paragraph 49 of the decision in L'Oreal the Court of Justice of the European Union (CJEU) explains that “the power of attraction, reputation and prestige” are the result of the “marketing effort expended by the proprietor of that mark to create and maintain the image of that mark”

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Summary

Introduction

The idea of protecting trade marks with reputation against dilution is justified, among other things, on the principle that it is only fair to reward the trade mark holder for her financial investment in creating a strong brand.1 The idea that the image and value of the trade mark are under the exclusive control of the trade mark holder, regarded by Gangjee as “the corporate or managerial approach to brands” I will use Burberry as a case study to illustrate that in its branding strategies, this company capitalized on the immaterial contribution of its core consumers and on the values that consumers attach to historical events or particular lifestyles considered fashionable at a specific point in time.

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