And the Oscar Goes To….Brand Marketers with a Clear Vision

Were you as bored by this year’s Oscar presentations as I was? James Franco and Ann Hathaway were supposed to provide a young and hip version of the Oscar brand. I’m not sure that seeing James Franco in drag qualifies. But when technology revived Bob Hope as a host, or when Billy Crystal took the stage, the Oscar brand came back to life!

What’s the takeaway for marketers? In the words of the Bard, “To thine own self be true.” When you develop a brand image, create something original, something lasting, and then stick with it. Just because new technologies are out there does not mean you should veer off course. Don’t assume “young and hip” will work for your brand. Your marketing message needs to adapt to new technologies, but not completely change in an attempt to capture new audiences.

From a legal perspective, your brand is an asset, worthy of protection. The elements of your brand that are distinctive and original, namely your trademarks or slogans, your trade dress, or your copyrighted images or text, need to be handled with care as you engage with consumers using new marketing platforms. It is easier to secure legal protection with consistent usage and a consistent message.

While your brand’s image is not necessarily protectable according to statutes and case law, your marketing strategies can determine whether you are safeguarding that image or hurting it. In addition, if your marketing plans do not contemplate the legal maze of 50 states’ marketing laws and FTC requirements early in the game, you may end up defending your brand to a regulator, certainly not the best public relations tactic.

In developing a brand strategy, you need to consider how new technologies and platforms can help your customers experience your brand more completely, but stick with the message you have already developed if it is working. By engaging legal counsel early in the brand development process, you can engage in a well-rounded conversation about the legal implications of your marketing strategies and avoidance of legal exposure for your brand. At the same time, your legal advisor can contribute in a creative way to support your marketing goals while maintaining protection for your intellectual property and brand.

Maybe the Oscar promoters needed a marketing lawyer on their team last Sunday night!