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Brand & New

Brand & New is a podcast produced by the International Trademark Association (INTA) and focused on innovation. Published monthly, each episode consists of an open dialogue with experts, visionaries, and influential people from all over the world in order to learn more about the evolution of the legal and intellectual property ecosystem, its concepts, and all actual or potential consequences. Because we consider innovation as a pillar of INTA’s Strategic Plan, and because it is key to “walk the talk,” we invite you to follow Brand & New, to expand your knowledge about the transformation of this industry and to stay curious! Brand & New guests contribute to this podcast in their personal capacity and the opinions expressed (or experiences shared) are their own. They do not purport to reflect the views or opinions of INTA or its members.

Latest Episodes:

Acting With Purpose: Brands & Social Justice (with Peter Golder, Professor of Marketing, Tuck School of Business-Dartmouth College, Hanover, New Hampshire, USA) Nov 10, 2020

Show notes

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.

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)

TOMS Shoes: Standing for Tomorrow, the Case Study of a Trailblazing Brand (with Jessica Murray, Senior IP & CSR Director, Toms Shoes Inc. - posted initially on November 2019) Oct 27, 2020

Show notes

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)

Climate Change and Intellectual Property (with Fabrice Mattei, Rouse Consultancy - posted initially on March 2019) Sep 29, 2020

Show notes

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)

Disparaging Trademarks at a Time of Social and Racial Justice Movements (with Prof. Rebecca Tushnet, Frank Stanton Professor of the First Amendment, Harvard Law School, Cambridge, Massachusetts, USA) Sep 15, 2020

Show notes

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.

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

What can Patent Management teach IP Practitioners in relation to Innovation? (with Dave Kappos, Partner, Cravath law firm - posted initially on August 2019) Sep 01, 2020

Show notes

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 andone 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.

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”

Branding meets Innovation (with Shelly Lazarus, Chairman Emeritus, Ogilvy - posted initially on May 2019) Aug 06, 2020

Show notes

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.

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)

Becoming an All-Star IP Practitioner (with Anthony Dreyer, Partner, Skadden, and Monique Joe, Senior Vice President, Head of Brands and Content Intellectual Property, NBCUniversal Media) Jul 07, 2020

Show notes

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.

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

Employees and Intellectual Property: Risks and Workarounds to Protect Companies’ Intangible Assets (with Dr. Adi Gillat, Partner, H-F & Co.) May 26, 2020

Show notes

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.

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

The Life Sciences Sector in Times of Pandemic: Innovation and Public Interest (with Marc Holtorf, Partner and Emmanuel Gougé, Partner, Pinsent Masons) May 12, 2020

Show notes

News reports have never been as science-oriented as they tend to be these days due to the COVID-19 pandemic. Testing capacities, hospital medical equipment, potential treatments, and vaccine research are front and center, and it seems it is going to stay that way for some time given the direct and tangible stake that the public has in all those discussions. And as a consequence, pharmaceuticals and life sciences stakeholders—major intellectual property (IP) rights holders—are suddenly expected to deliver solutions to solve a major, worldwide health crisis.

Our guests today, Marc Holtorf and Emmanuel Gougé are partners at the law firm Pinsent Masons in Munich, Germany, and Paris, France, respectively. They both specialize in IP law, advising international companies on their IP management, development, and enforcement strategies. Mr. Holtorf has been working for the life sciences practice of international law firms for over 20 years, and he is now the Head of IP and Life Sciences for Germany at Pinsent Masons. Mr. Gougé also has over 20 years of experience as an IP attorney, with experience in the UK, Belgium and France, where he leads the Intellectual Property department.

They share with us their perspective on the very unique situation the life sciences sector finds itself into these days, in between the private market dynamics and the imperatives of global health policies and the public interest.

To go further:
About Emmanuel Gougé (link to https://www.linkedin.com/in/emmanuel-gougé-043a974b/)
About Marc Holtorf (link to https://www.linkedin.com/in/marc-l-holtorf-500aa9b7/)
Also of interest:
- MIT COVID-19 Open Research Dataset (link to https://innovation.mit.edu/cord19/)
- Pinsent Masons Analysis about COVID-19 Patents Rights and Public Interest (link to https://www.pinsentmasons.com/out-law/analysis/coronavirus-patents-rights-public-interest)
- Forbes, Innovation Imperatives from COVID-19 (link to https://www.forbes.com/sites/henrychesbrough/2020/03/18/innovation-imperatives-from-covid-19/#6dbf48456fb1)

Defining the Legal Leadership of Tomorrow: Vision of a General Counsel (with Aurélien Hamelle, General Counsel, Total) Mar 16, 2020

Show notes

General Counsel no longer are limited to a reactive role overseeing legal operations farmed out to law firms, but instead are key members of the corporate decision-making team. This is a major shift that has occurred over the past decades: General Counsel are leaders, innovators, decision makers at the highest levels, far beyond being technicians in the law. They also have to be agile, in an ever-evolving environment.

Let’s take technology as an example. Tech has “invaded” legal practice over the last decade. From sophisticated legal analytics technologies in e-discovery tools or prior rights search software, to “smart contract” protocols to facilitate negotiations, mobile collaborative platforms, or even high-end IT security features aimed at protecting files integrity, lawyering does not look quite like it did 20 years ago!

This is part of the discussion in this episode with Aurélien Hamelle, Group General Counsel of Total, Paris, France. The French multinational energy company is one of the six supermajor oil companies in the world, with an adjusted net income at US $11.8 billion in 2019, around 100,000 employees, and active in more than 130 countries. Since 2016, Mr. Hamelle has overseen a team of around 500 lawyers at Total, including an important intellectual property department. Previously, he was a regulatory and dispute resolution lawyer with various firms, including being a partner at both Metzner Associés and Allen & Overy. He will share with us his vision on what the legal leadership of tomorrow means, in terms of relevant skills—from openness to innovation to new perspectives on performance and knowledge management.

To go further:
About Aurélien Hamelle (link to https://www.linkedin.com/in/aurelien-hamelle-5775271/?locale=fr_FR)
Also of interest:
- Harvard Law Today—In the Driver’s Seat: The changing role of the general counsel
(link to https://today.law.harvard.edu/feature/in-the-drivers-seat-the-changing-role-of-the-general-counsel/)
- INTA Daily News: What Brands Want in a Shifting Legal Services Landscape (link to https://www.inta.org/PDF%20Library/2019Daily/2019DailyNews_Day4.pdf)
- International Trademark Association’s “The Women’s LeadershIP Initiative” (link to https://www.inta.org/Press/Pages/The_Womens_LeadershIP_Initiative_0320.aspx)
- Deloitte: The legal department of the future- (link to https://www2.d