Brand-napping -goodwill protection for well-known trademarks

Abstract

What characterizes well-known trademarks is that they carry a certain power of attraction, image and prestige and cannot only be looked upon as symbols of origin for goods and services. As such, these brands are particularly exposed to brand-napping, which could be described as a one-way and free value transfer of the vital parts of a brand concept. The purpose of the thesis is to investigate the legal protection against this unfair market behaviour in the EU and, based on that, outline appropriate strategic actions for brand-owners in order to build a strong brand position. The results indicate that goodwill increasingly is being recognized as an autonomous objective in need of protection and that brand-owners have advanced their positions when it comes to protecting the goodwill of their brands. The conclusion of the thesis is that by claiming a unique position, protecting the right triggers, penetrating the market and by the use of brand diversification and a conform brand approach, brand-owners will stand well prepared against potential value transfers.