Gin has become the drink of choice for many, but with the choices pouring before you even reach for the bottle of gin (ice or no ice; goblet or tumbler; tonic or lemonade; what type of garnish to use) and with hundreds of brands and flavours to choose from, how important is a brand and label to a consumer?
The answer: very! A label acts as a small window into the heart of the company, its brand, style and values. A strong brand is the cornerstone of any product, but it is vital in a market as competitive as the gin industry where, when scanning the shelves, choices may sometimes be made partly due to style as opposed to solely for taste.
Once a standout brand and label design has been created, it is vital to ensure it is owned by the company (either having been created by an employee or assigned in writing by a third party engaged to create the brand, logo or label).
If a third party creates branding or a label, the default position, without an agreement to the contrary, is that the creator will own the intellectual property rights in their creation. This could leave the company in trouble if it builds goodwill and reputation in its branding and logo and perhaps wishes to expand the product, range or the territory in which it sells and distributes its products, but it has no rights to use the branding in this way.
Obtaining a written assignation of the intellectual property rights at the outset, or better yet, engaging the contractor on the company’s own terms and conditions that assign the IP created in the engagement, can easily secure these rights, preventing a headache in the future.
Intellectual Property at Morton Fraser MacRoberts
Morton Fraser MacRoberts' market-leading intellectual property lawyers can help you identify, protect, manage and commercialise your organisation’s intellectual assets. Please contact our team to find out more.
