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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:

Brand Strategy & the Fourth Industrial Revolution (with Marc Cloosterman, VIM Group CEO, initially posted in June 2019) Apr 27, 2021

Show notes

What makes an organization more efficient than another to increase its performance, raise its value, and implement the best strategy for its brand(s) in the context of the fourth industrial revolution? This new wave, also called 4IR, is marked by technology breakthroughs -from artificial intelligence to the Internet of Things and autonomous vehicles- and advances in connectivity and communication. Its impact on brand strategy and the ways to optimize brand organization are explained in this episode by Marc Cloosterman, CEO of the VIM Group, based in the UK. Specializing in brand management for the last 25 years, Marc is involved with his team on global brand transitions, from repositioning projects to mergers and acquisitions. His clients cover most sectors, supporting more than 1,500 organizations, including telecommunications,banking, and consumer goods.

About Marc Cloosterman (link to https://www.linkedin.com/in/majcloosterman/)

About VIM Group (link to https://vim-group.com/en/team_member/marc-cloosterman/)

Also of interest:

About marketing and branding trends:

- Branding Strategy Insider (link to https://www.brandingstrategyinsider.com)

- Marketing Week (link to https://www.marketingweek.com)

WIPO: “Branding: How to Use Intellectual Property to Create Value for Your Business?”(link to https://www.wipo.int/sme/en/documents/branding_fulltext.html)

Justice Ginsburg’s Legacy in the IP Field (Episode II), with Prof. Jane Ginsburg, Columbia Law School, New York, Prof. Mary Hartnett, Georgetown Univ. Law Center, Washington, D.C., Judge Margaret McKeown, U.S. Court of Appeal for the Ninth Circuit, SF Apr 13, 2021

Show notes

On September 18, 2020, Ruth Bader Ginsburg passed away at age 87 after serving as an Associate Justice of the United States Supreme Court for over 27 years. The U.S. Supreme Court’s second female judge, Justice Ginsburg—or the Notorious RBG, as she was fondly called—left her mark as a women’s rights activist and a legal icon, including a robust footprint in the intellectual property (IP) field.

This two-part series, airing on March 30 and April 13, presents three distinguished guests who offer a rare “behind the scenes” look at Justice Ginsburg. In a wide-ranging and candid discussion, they shed light on the many ways Justice Ginsburg shaped U.S. IP law through her opinions and share anecdotes about the Justice’s life.

Our guests are themselves IP trailblazers. Professor Jane Ginsburg is a renowned authority on IP law, a staunch defender of authors’ rights, and Justice Ginsburg’s daughter. She is Professor of Literary and Artistic Property Law at Columbia Law School and directs Columbia’s Kernochan Center for Law, Media and the Arts.
Our second guest, Professor Mary Hartnett has been at Georgetown University Law Center since 1998, first as executive director of the Woman's Law and Public Policy Fellowship Program and now as an adjunct professor of law. In 2016, Justice Ginsburg wrote the bestselling book “My Own Words” with Professor Harnett and Professor Wendy Williams.

Our third guest is Judge Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit, where she has authored essential IP decisions since her confirmation in 1998. She has lectured throughout the world on IP, anti-trust, constitutional law, ethics, international law, human rights law, and litigation.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of Mathilde Halle & Sophie Lagedamond - Music by JD Beats
FOR MORE INFORMATION, VISIT INTA.ORG
To go further:

About Prof. Jane C. Ginsburg: https://www.law.columbia.edu/faculty/jane-c-ginsburg

About Prof. Mary Hartnett: https://www.law.georgetown.edu/faculty/mary-hartnett/

About Judge Margaret McKeown: https://worldjusticeproject.org/about-us/who-we-are/board-directors/m-margaret_mckeown
Also of interest:

“My Own Words”, by Justice Ruth Bader Ginsburg, with Mary Hartnett and Wendy Williams (link to https://www.simonandschuster.com/books/My-Own-Words/Ruth-Bader-Ginsburg/9781501145254)

“Ruth – Justice Ginsburg in Her Own Words” (link to https://kinomarquee.com/film/venue/5ff8adfe6b952e00019ca8d0)

Columbia Law School:The Ginsburgs Are Inducted into IP Hall of Fame (link to https://www.law.columbia.edu/news/archive/ginsburgs-are-inducted-ip-hall-fame)

INTA’s The Women’s LeadershIP Initiative Report (link to: https://www.inta.org/wp-content/uploads/public-files/perspectives/industry-research/WOMENS_LEADERSHIP_REPORT_022221.pdf)

INTA TO-GO webcast: Booking.com—A Closer Look (link t

Justice Ginsburg’s Legacy in the IP Field (Episode I), with Prof. Jane Ginsburg, Columbia Law School, New York, Prof. Mary Hartnett, Georgetown Univ. Law Center, Washington, D.C., Judge Margaret McKeown, U.S. Court of Appeal for the Ninth Circuit, SF Mar 30, 2021

Show notes

About Prof. Jane C. Ginsburg: https://www.law.columbia.edu/faculty/jane-c-ginsburg

About Prof. Mary Hartnett: https://www.law.georgetown.edu/faculty/mary-hartnett/

About Judge Margaret McKeown: https://worldjusticeproject.org/about-us/who-we-are/board-directors/m-margaret_mckeown
Also of interest:

“My Own Words”, by Justice Ruth Bader Ginsburg, with Mary Hartnett and Wendy Williams (link to https://www.simonandschuster.com/books/My-Own-Words/Ruth-Bader-Ginsburg/9781501145254)

“Ruth – Justice Ginsburg in Her Own Words” (link to https://kinomarquee.com/film/venue/5ff8adfe6b952e00019ca8d0)

Columbia Law School:The Ginsburgs Are Inducted into IP Hall of Fame (link to https://www.law.columbia.edu/news/archive/ginsburgs-are-inducted-ip-hall-fame)

INTA’s The Women’s LeadershIP Initiative Report (link to: https://www.inta.org/wp-content/uploads/public-files/perspectives/industry-research/WOMENS_LEADERSHIP_REPORT_022221.pdf)

INTA TO-GO webcast: Booking.com—A Closer Look (link&n

Women's Empowerment in Intellectual Property (2nd episode with Cristina Carvalho, Managing Partner, Arent Fox, initially posted in March 2020) Mar 02, 2021

Show notes

We’re bringing back our interview with Cristina Carvalho, managing partner of Arent Fox LLP, a law firm based in Washington, D.C., USA—in honor of International Women’s Day, March 8, 2021, and to mark the newly released INTA’s The Women’s LeadershIP Report and Best Practices Toolkit.

In this episode, which originally aired March 31, 2020 as part of Brand & New’s Women’s Empowerment in IP series, Ms. Carvalho discusses the challenges she faced to raise to the top, the pivotal role of women mentoring programs, and what it means to be one of the most powerful women in Washington, D.C.

Her thoughts align with key findings of The Women’s LeadershIP Report and Best Practices Toolkit. Among the findings, the Report found that while an increasing number of women are entering the legal field, particularly in IP, women are under-represented in the IP sector, particularly in leadership positions. Mentoring programs are one of the recommendations to fill the gap.

To go further:
About Cristina Carvalho (link to https://www.arentfox.com/attorneys/cristina-carvalho)
Also of interest:
- The Women’s LeadershIP Report and Best Practices Toolkit (link: https://www.inta.org/perspectives/the-womens-leadership-initiative/)

- March 8, 2021 INTA Discussion Forum: Championing Women Leaders—the Road Forward (link to: https://www.inta.org/events/championing-women-leaders-the-road-forward/)

- INTA Daily News: Inclusion—A Must for Brands (link to: https://newtonmedia.foleon.com/inta-daily-news/day-4/inclusion-a-must-for-brands/)

- INTA Daily News: Diversity Champions—Walking the Walk (link to: https://newtonmedia.foleon.com/inta-daily-news/day-4/diversity-champions/)

- INTA Bulletin: Brands, Diversity, and Inclusion—An Interview with Ty Lord (link to: https://www.inta.org/perspectives/brands-diversity-and-inclusion-interview-with-ty-lord/
- Brand & New podcast (March 8, 2020): International Women’s Day : Women’s Empowerment in Intellectual Property (link to: https://www.inta.org/Programs/Pages/Podcasts.aspx)
- Forbes.com: "How IP rights empower women" (link to https://www.forbes.com/sites/lorenzomontanari/2018/04/26/how-ip-rights-empower-women/#7f464a296e73)

Protecting the Fringe of Pop Culture: IP’s Role in Championing Outsiders and the Emerging Arts (with Éamon Chawke, Partner, Briffa law firm, UK & Ireland) Feb 16, 2021

Show notes

THANK YOU FOR LISTENING TO THIS PODCAST. WE VALUE OUR AUDIENCE. TO HELP US ENRICH YOUR EXPERIENCE, PLEASE COMPLETE THE FOLLOWING SHORT SURVEY: https://www.surveymonkey.com/r/BrandandNew

Intellectual property (IP) law is engineered to foster innovation and creativity. In some countries, the way IP applies to traditional forms of creativity such as music, painting, design, or even perfumes is understood and accepted. But, at least in principle, it may be less obvious when it comes to emerging popular forms of art, such as street and body art.

How does IP apply to street and body arts? Who owns what? What are the competing rights at stake—those of the owner of the building on which a graffiti is painted or the person bearing the tattoo? Beyond copyright, can trademark registration provide artists with additional protection? How does all of this play out on social media, the emerging arts’ favorite exhibition forum nowadays.

Éamon Chawke, a Partner with Briffa Solicitors, a boutique law firm in the United Kingdom, provides insight. Specializing in the protection, management, exploitation, and enforcement of IP, he has a broad spectrum of clients that include authors, agents, and publishers, as well as clothing, furniture, and graphic designers.

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 Éamon Chawke (link to https://www.linkedin.com/in/éamon-chawke-19637145/?originalSubdomain=uk)

Also of interest:

- Banksy and his Uneasy Relationship with IP, Éamon Chawke (link to https://www.briffa.com/blog/banksy-and-his-uneasy-relationship-with-ip/)

- Copyright is for Losers? Éamon Chawke (link to https://www.briffa.com/copyright-banksy-changes-tune/)

- INTA Bulletin: The Art of EU Trademark Registrations: Is Intention to Use Now Required? (link to https://www.inta.org/perspectives/the-art-of-eu-trademark-registrations-is-intention-to-use-now-required-in-euipo-proceedings/)

- INTA Bulletin: The Unintended Consequences of Copyright and Trademark Protection in Design (link to https://www.inta.org/perspectives/unintended-consequences-of-copyright-and-trademark-protection-in-design/)

- INTA Board Resolution: Copyright Protection for Trademarked Materials (link to https://www.inta.org/wp-content/uploads/public-files/advocacy/board-resolutions/Copyright-Protection-for-Trademarked-Material-09122017-Update.pdf)

- Banksy’s Attempt to Trademark a Graffiti Image is Thrown Out, New York Times (link to https://www.nytimes.com/2020/09/17/arts/design/banksy-trademark-lawsuit.html)

- Accession on the Frontiers of Property, Harvard Law Review (link to https

What Mindset and Soft Skills Do Lawyers Need to Thrive in a Fast-Evolving Tech Environment? (with Karen Clemens and Diane Ridon, leadership coaches, posted initially in March 2019) Feb 02, 2021

Show notes

In a departure from previous episodes that focus on IP or technology, Karen Clemens and Diane Ridon, both leadership coaches who contribute to the Executives Education Program at Harvard Business School, Boston, Massachusetts, center their conversation on humans—the qualities and skills, from emotional intelligence to critical thinking, that make a difference in order for lawyers and others to succeed in a fast-evolving tech environment.

To go further:

About Karen Clemens (link to https://www.linkedin.com/in/karendavisclemens/)

About Diane Ridon (link to https://www.linkedin.com/in/diane-ridon-javet-5b8686/)

Also of interest:

INTA Influencers: Rudy Gaines Discusses Emotional Quotient and Emotional Intelligence

(link to https://www.youtube.com/watch?v=EVbAwG6scmM)

INTA’s 2019 Annual Meeting Lunch and Learn Sessions on Professional Development

(link to https://www.inta.org/2019Annual/Program/Pages/LunchAndLearn.aspx)

INTA’s 2019 Annual Meeting Career Development Day for Students

(link to https://www.inta.org/2019Annual/Program/Pages/Career-Development-Day.aspx)

About Daniel Goleman (link to http://www.danielgoleman.info/topics/emotional-intelligence/)

About the future of legal professions (links to https://www.forbes.com/sites/markcohen1/2017/05/30/the-future-lawyer/#6ce7bd7f1d18 and http://www.susskind.com)

When the Business Model Makes the Brand: Pacari Chocolate's Case Study (with Santiago Peralta, Co-Founder & CEO - posted initially in October 2019) Jan 05, 2021

Show notes

There are multiple stories about entrepreneurs who beats the odds and launch their own companies and successful brands. They are a source of inspiration, showing how they made their own marks in doing business distinct from everybody else.
Think of a food company that decided to build its whole business model on fair trade and inclusion, the statement that represents its brand identity. This is the story of Santiago Peralta, the cofounder of Pacari Chocolate based in Quito, Ecuador. His company, created in 2002, has changed, not to say revolutionized, the chocolate industry, promoting new strategies and values hand in hand with more than 3,000 families of farmers, creating schools for sustainable agriculture, and developing organic certification processes. With transparency, social responsibility at the very heart of the business model, Santiago will explain how these ethics have shaped the brand, which is now distributed in more than 40 countries and has received more than 300 awards and medals as one of the most premium chocolates in the world.

To go further:
- About Santiago Peralta (link to https://www.linkedin.com/in/santiago-peralta-5a2838191/?originalSubdomain=ec)
- About Pacari Chocolate (link to https://pacarichocolate.us)
Also of interest:
- INTA Bulletin about Santiago Peralta (link to https://www.inta.org/INTABulletin/Pages/Member_Spotlight_7402.aspx)
- INTA Conference about Brand Authenticity (link to https://www.inta.org/INTABulletin/Pages/Brand_Authenticty_Conference_Event_Report_7221.aspx)
- Articles about Pacari founders (link to https://www.demeter-usa.org/meet-farmers/profiles-in-farming-archive/peralta-barboto.asp; https://www.nbcnews.com/news/latino/couple-aims-make-ecuador-cradle-fine-chocolate-making-n474366)
- Articles about the chocolate industry (link to https://blog.marketresearch.com/chocolate-industry;
https://www.statista.com/statistics/629534/market-share-leading-chocolate-companies-worldwide/;
https://www.icco.org/about-cocoa/chocolate-industry.html)

Intellectual Property for Kids! (with David Bernstein and Megan Bannigan, Partners, Debevoise & Plimpton LLP - posted initially in April 2020) Dec 22, 2020

Show notes

With families home for the holidays, presenting an opportunity to connect in various ways with household members of all ages, we’re bringing back one of the most-watched episodes of Brand & New: Intellectual Property for Kids!

In this episode, which originally aired on April 28, 2020, Audrey Dauvet uniquely shares hosting responsibilities with Eli, 11, to interview Megan Bannigan and David Bernstein, Partners at the law firm Debevoise & Plimpton LLP, in New York, N.Y., USA. Our guests rise up to the challenge of making an explanation of intellectual property not only accessible to children, but also fun!

David chairs the firm’s IP Litigation Group. He is recognized as one of the nation’s leading IP litigators by Managing IP magazine and The Legal 500, and has been selected as one of the top 10 trademark lawyers in the world by the International Who’s Who of Trademark Lawyers.

Megan is a member of the Litigation and Intellectual Property & Media Groups at Debevoise. She has been recognized by Managing IP’s IP STARS, The Legal 500, and Law360 as a Rising Star.

But that’s not all! Teaching is not new for them, and they are both amazing pedagogues. David is an adjunct professor at New York University School of Law and George Washington University Law School, while Megan is an adjunct professor at local universities and previously was a Clinical Visiting Lecturer at Law at Yale Law School.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet and Eli
Contribution of M. Halle & S. Lagedamond - Music by JD Beats
FOR MORE INFORMATION, VISIT INTA.ORG

To go further:
About David Bernstein (link to https://www.debevoise.com/davidbernstein/?tab=biography)
About Megan Bannigan (link to https://www.debevoise.com/meganbannigan/?tab=biography)
About Debevoise & Plimpton LLP (link to https://www.debevoise.com)
Also of interest:
- USPTO page dedicated to kids (link to https://www.uspto.gov/kids/kids.html)
- WIPO Publications for Young People (link to https://www.wipo.int/publications/en/series/index.jsp?id=151)
- WIPO Youth Corner (link to https://welc.wipo.int/ipedu/youth)
- International Trademark Association (INTA) Unreal Campaign for young consumers (link to: https://www.unrealcampaign.com/)
- INTA Study: Gen Z Insights: Brands and Counterfeit Products (link to: https://www.inta.org/Communications/Documents/INTA-GenZ-International-Infographic2%201.pdf)
- INTA Bulletin: India’s Cell for IPR Promotion and Management Launches Intellectual Property Activity Book for Children (link to: https://www.inta.o

The Impact of the Video Conferencing and Social Media Apps Boom (with Dominique Shelton Leipzig, Perkins Coie LLP, Los Angeles, California, USA) Dec 08, 2020

Show notes

Video conferencing and social media apps like Zoom, Houseparty, and TikTok have exploded in popularity during these times of global social distancing. While these apps have become much more popular among regular users, they also have attracted potential hackers, raising opportunities as well as risks to a brand-new scale and prompting some platforms to institute stronger security features.

Will this surge in usage have a lasting impact on these companies in terms of value, brand reputation, diversification of services, available security features, or even future privacy regulations?

In this episode, we discuss these issues with Dominique Shelton Leipzig, a partner in the Privacy & Data Security Group and co-chair of the Ad Tech Privacy & Data Management team at Perkins Cole LLP, Los Angeles, California, USA. Practicing intellectual property, media, and privacy law for over 25 years, she is a member of the board of the International Association of Privacy Professionals and the author of two landmark books on privacy and data for businesses.

To go further:

About Dominique Shelton Leipzig (link to https://www.linkedin.com/in/dominiquesl/ and https://www.perkinscoie.com/en/professionals/dominique-shelton-leipzig.html)

Also of interest:

-MIT Management Sloan School: How to think about cybersecurity in the era of COVID-19 (link to https://mitsloan.mit.edu/ideas-made-to-matter/how-to-think-about-cybersecurity-era-covid-19)
-Bloomberg Law: Zoom Rolls Out Strongest Data Encryption, New Event Platform (link to https://news.bloomberglaw.com/privacy-and-data-security/zoom-rolls-out-strongest-data-encryption-new-event-platform)
-CNN Business: “Zoom’s massive ‘overnight success’ actually took nine years” (link to https://www.cnn.com/2020/03/27/tech/zoom-app-coronavirus/index.html)
-Fox School of Business: “Brand Reputation During a Crisis” (link to https://digitalmarketing.temple.edu/rdixon/2020/03/29/brand-reputation-during-a-crisis/)

-Forbes: “Here’s What Zoom Is Doing To Make Its Service Safer” (link to https://www.forbes.com/sites/kateoflahertyuk/2020/04/10/zoom-security-heres-what-zoom-is-doing-to-make-its-service-safer/#6402488330fc)

-The Conversation: “Crashing the party—beware the cyber risks of virtual meet-up apps like Houseparty” (link to https://theconversation.com/crashing-the-party-beware-the-cyber-risks-of-virtual-meet-up-apps-like-houseparty-135032<

The New Pirates: Innovative Options to Tackle Counterfeiting in China (with Loke Khoon Tan, Partner, Baker & McKenzie - posted initially in May 2019) Nov 24, 2020

Show notes

Welcome to this special episode of Brand&New in Boston, Massachusetts recorded during INTA’s 2019 Annual Meeting. This unique event, a must for education and networking, is attended each spring by more than 10,000 members of the IP community and beyond, from over 150 countries. So Brand&New could not miss it!

Counterfeiting is no less than one of the biggest issues of our times. It is self-evident to say that it is linked to crimes, that it costs billions to companies and societies every year in all areas. So relevant actions are more essential than ever, particularly to tackle illicit sales. Our episode today is about the most efficient ways, with the development of innovative tools, to fight these new pirates. Our focus will be China, and its challenges about IP, including the impact of so-called trade war with the US.

Our guest is partner at one of the largest law firms in the world, Baker & McKenzie, present in more than 40 countries. Loke Khoon Tan leads the IP Practice Group in Hong Kong and China and co-leads the firm’s luxury and fashion industry practice. He works with global brands, helping them to structure and implement anti-counterfeiting strategies. Loke is the author of the “Pirates” trilogy and other publications about IP protection. So who else to talk about this hot topic?

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 Loke Khoon Tan (link to https://www.linkedin.com/in/lokekhoontan/ and https://www.bakermckenzie.com/en/people/t/tan-lokekhoon)
Also of interest:
- INTA Study "Addressing the Sale of Counterfeits on the Internet" (link to https://www.inta.org/Advocacy/Documents/2018/Addressing_the_Sale_of_Counterfeits_on_the_Internet_021518.pdf)
- INTA’s new attitudinal study, Gen Z Insights: Brands and Counterfeit Products (link to www.inta.org/impactstudies)
- Trademark Law in China - Pirates in the Middle Kingdom, by Loke Khoon Tan (link to https://www.pbookshop.com/trademark-law-in-china-pirates-in-the-middle-kingdom-the-new-frontier-3rd-edition-9789626619032.html)

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- INTA Bulletin: The Art of EU Trademark Registrations: Is Intention to Use Now Required? (link to https://www.inta.org/perspectives/the-art-of-eu-trademark-registrations-is-intention-to-use-now-required-in-euipo-proceedings/)

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