"license" has a good resemblance (package, name, bar code) and almost identical to the original perfume fragrance. The key word in this case, "almost." You can visually exactly replicate the original prototype perfume, but differ dramatically the quality, flavor and stability.
Thursday, July 14, 2011
Original Perfume vs Perfume license, or the whole truth about the "license"
"license" has a good resemblance (package, name, bar code) and almost identical to the original perfume fragrance. The key word in this case, "almost." You can visually exactly replicate the original prototype perfume, but differ dramatically the quality, flavor and stability.
Tuesday, March 22, 2011
Reputation, image and reputation: what meanings?
What (s) difference (s) can be made between reputation, brand image and
reputation?! Behind these words, employees at all sauces by professionals,
do we find different meanings?! These terms are complementary?!
Before returning to the presentation of some tools I have in stock, I offer an
article very "theoretical" to pose a clear and clean the mean THE
employees of these three terms all the time on this blog. As I said
previously, the reputation is not a new term emerged with the web, and island
seems to me useful to define it to begin a second year on this blog dedicated
to e-reputation ...
Reputation
According to the dictionary of the French
language dictionary, 2009, the reputation is "[the] manner in which
someone or something is known, seen in public." But also
"favorable or unfavorable opinion of the public for someone,
something."
The reputation is therefore two aspects: the perception of someone or something
by a "public" (that is to say, a community of people see an
individual), and the result of the cognitive process leading to the formulation
of an opinion. Reputation can be seen as a result, more than a
cause:
==> Result of actions taken by "someone
or something" on the perception that people have of that person or thing. The
term "manner" in use in the first dictionary definition then becomes
a scale of value: what (s) way (s) and how intense the public consider you it
signs and messages sent by someone or thing? This idea of scale value is also confirmed by the
Latin etymology of the term reputation "reputation" which means
"assessment".
==> The result of the interpretation of signs perceived by the individual
(thus becoming an opinion, that is to say the result of "evaluation"
done, consciously or not elsewhere)
The individual thus receives signs that interpreter. These signs are referred voluntarily or not ("can
not not communiquer1). The receiver of these signs then created an image
of what he has collected, the assessment made by its own scale of values.
Reputation for being present every thing (person, object, event, etc.). We will
focus our comments here on the reputation of organizations. The image is
perceived by an individual becomes an image known brand.
Indeed, the mark is (a commercial point of view and mostly legal) a name, term,
sign, symbol or other element used to identify a product or service and
differentiate it from its competitors. This term applies to those
organizations, which all have a "brand". For example: Renault,
whose name is a trademark or Kronenbourg is a brand (a product) of the Danone
group, see a craft that is commonly called the "brand" that helps to
differentiate it from its competitors.
The brand name becomes the receptacle of the proposed reputation, that is to
say, it can differentiate and name the object on which we project a reputation,
for which one has an opinion. More specifically, it is rare to hear
that the cars in general have a bad reputation, but rather that this particular
model producer (designated by a mark) have a good or bad reputation.
Branding
As for the reputation, brand image is
conventionally defined as the set of rational and emotional representations
relating to a brand's value judgments brought by an individual on a brand.
This term is used particularly in marketing, and many authors associated with
the discipline of management have written on this subject.
Jean-Jacques Lambin2 provides a precise definition of the image. For him, it is "all mental representations,
cognitive and affective, that a person or group of people make a mark. He
identifies three levels of branding:
==> The perceived image, that is to say how
the target segment (the target audience, which is projected on the picture)
sees and perceives the mark
==> The true or real image of the brand with its strengths and weaknesses,
as known and felt by the company
==> The desired image, is how the company wants to be perceived by
the target segment and follows a decision by positioning
Reputation, as we have defined above may be
associated with "perceived image" as defined by JJ Lambin. "The
true picture" would be the reputation of an organization as perceived by
its members. "The desired image is the image projected by the
organization to its audiences.
One of the objectives of an organization to control its image would thus reduce
the gaps and reduce the dissonance between "perceived image" and
"the desired image, while remaining faithful to" the true image .
Considering the large number of definitions of
the concept of branding, Pinlon-Labbé3 proposes to distinguish three levels:
==> The image itself is to say, perceptions of a brand by consumers, either
in a sustainable way and in absolute terms or in a specific situation to
compare different brands or Finally, a special case of communication about
this brand
==> The identity of the brand, defined as the set of characteristics that
the company which manages the brand that the consumer wants it combines
==> The media coverage of the brand, which is the set of characteristics
that mark diffused through signals from the company that manages, or from
sources not controlled by the company
These three levels can be seen as a reformulation of the definition of JJ
Lambin.
However, some points are worth emphasizing.
First, the notion of "media" that
helps bring the concept to support the brand. The signals sent by an
organization are charged to the individuals targeted by communication media, ie
media. Each of these media have different characteristics that can distort
or amplify the message. In our case, the support of the media message is
that Web 2.0 and media types associated with it.
The idea of "uncontrolled sources is here also in line with the concepts
related to Web 2.0, namely the fact that any person (user) can become very easy
(technically speaking) a source of information recognized by community,
and thus outside the direct control of an organization (some would argue that
traditional journalists are also out of reach of many organizations ... case
demonstrates otherwise ... but this debate will not be developed here).
Then, the concept of brand identity. This
"identity" away from the concept of "true image", since
identity can be built from scratch (see be falsified). It is no longer
here that members of an organization perceive it, but rather how they will
highlight the characteristics that seem attractive to their targets. Beyond
the notion of inner perception, the concept of brand identity like LA Gear reinforces the
idea of control of an organization's image.
The representation of the image by an audience thus requires knowledge of the
attributes of that brand knowledge acquired by the information projected by the
organization, as well as how information is perceived, understood and
integrated by the public target.
Fame
According to the dictionary of the French language dictionary, 2009, the
reputation is "[the] character of what is notorious, known to many
people."
If one combines this concept with that "brand" awareness becomes the
measure of the degree of brand presence in people's minds. It's sort of
the result of the projected image of an organization's reputation and resulting
in the minds of individuals.
More simply, the reputation is the public knowledge of a trademark: it exists
or it is zero (when it is reduced to the single individual), or she is
graduated (knowledge of some specific attributes that most of others).
Applied to the Web community, awareness appears to be complex. According communities, brand is known or not. On
the web, brand recognition becomes its level of visibility: in virtual
communities (social networks, forums) on search engines (based on certain
keywords), sites or blogs linked to areas of expertise of the brand, etc.. The
brand is present? Tell you one of them?
To summarize, we can define the different concepts as follows:
==> Reputation: image perceived by an audience
==> Branding: the projected image
==> Reputation: result of the projection and
appropriation (memory) that it is the public
These three concepts are complementary. Relations between them can be schematically represented as follows:
The organization sends voluntarily or not the public a certain image of its
trademark.
The public interprets this image in his mind becomes a
reputation. Reputation he referred in his
speech (when it is mediated) to the organization. Awareness is then the
quantitative measurement of traces of the projected image and perceived image
(reputation): the public remembers the brand and / or certain of its attributes
or not.
After measuring its reputation and evaluated its reputation, the organization
can adjust the image it sends to the public, and return. And so on
...
This comprehensive approach to the
concept of reputation and other concepts associated with it (brand and
reputation) lays the foundations for the concept of e-reputation.
More precisely, it demonstrates the need and the overall objectives
of the management of reputation, brand image and reputation of an organization:
to match the image desired by the organization that paid by the public target,
and ensuring that increased awareness of the organization (or one of its
brands).
If reputation is an objective, Web 2.0 is a vector and its
associated media (blogs, forums, etc..) Facilities management (or correction).
Tuesday, March 8, 2011
The licensing of industrial property rights
The trademark license contract: manual
That is why, whether highly organized networks or more informal networks, it is frequently expected that members have a contractual right to use the mark in the headend, such as an ensign.
Franchise, the provision of one or more distinctive characteristics is even an essential and necessary contract.
In practice, this provision is formalized:
• In the contract of affiliation to the network (eg, franchise agreement, contract of commission-affiliation), which incorporates most often a "clause brand and teaching" or • More rarely, in ad hoc contract with the only question mark.
From a legal point of view, this provision amounted to a trademark license under the second paragraph of Article L 714-1 of the Code of Intellectual Property1. To be meaningful and relevant to the recipient, the trademark license must bear a sign of both a strong business perspective but also and above all legally valid. Moreover, although legal formalism that escaping the trademark license contract shall be in writing and be specific about the obligations of each party.
1 "The rights in a trademark may be all or part of a grant of exclusive license or non-exclusive and a pledge."
The trademark license is a contract whereby the owner of a trademark confers on a third party (the licensee) the right to affix the mark to its products and / or make commercial use, such as an sign.
The trademark license may be granted against payment or against payment of a lump sum or in return for royalties proportional, generally based on the turnover of the licensee.
The license may also be granted free of charge.
II. Form of License Agreement
In theory, the trademark license can be given orally, with no writing is necessary to materialize the agreement2 In practice, this principle must be qualified because the license must always be the subject of a registration with INPI to be effective against third parties. In fact, it is therefore essential to formalize the license by written contract.
Moreover, to avoid conflicts and disappointments, the parties will have the greatest interest to record on paper their respective obligations and the scope of the license.
In terms of network, as stated above, the provision of the mark may be filed: • Either a specific device directly integrated into the framework agreement of affiliation • Either a trademark license agreement only on the issue of the brand (as is the case in commercial networks called trademark license or affiliates that adhere to be able to use a mark or a brand recognition).
2 In this sense: Court of Appeal of Paris, 4th bedroom, 8 April 1998.
The availability of a mark has meaning only if it is legally valid and commercially sound.
To be a valid legal point of view, the mark must be distinctive, ie: • Do not include any evidence to mislead the public about the characteristics of products or services it désigne3 • Do not simply describe the same products or services4.
Moreover, a mark is arbitrary when it is commercially strong, differs markedly from existing signs and not confined to the assembly of little or no distinctive terms. Even legally valid, a brand that did very little distinctiveness will be difficult to defend on the basis of counterfeiting.
3 A and the mark was deemed deceptive "Supermint", the latter used to designate products not containing mint. Court of Appeal of Paris, 4th bedroom, December 12, 1978. 4 is for example considered to be descriptive, the mark "Stallion" for a book about horses. TGI Paris, 3rd Chamber, 11 January 1989.
Most often, it is integrated into a trademark license contract, territorial exclusivity, after which there is no holder of the trademark to use and operate it in the contract area. When the brand is strong and reputation, the existence of a contractual exclusivity justifies a higher financial contribution paid by the licensee.
In general, the licensee may sell itself or labeled products use the trademark outside the area reserved for it.
Any failure to do so would make him an infringer under the Code of Intellectual Property. Under these conditions, to avoid differences of interpretation, sources of conflict between the parties, it is imperative to ensure that the exclusivity clause is clear and precise, as was defining the territory. License or partial
The trademark license may only be partial, ie not only cover certain categories of products or services listed in the certificate of registration. In case of partial license, it is essential to list precisely in the contract, the scope of rights granted to the licensee.
The license agreement may be concluded for a fixed term. In such cases it may be terminated at the end of the term or in case of serious misconduct of one of the signatories. The contracting parties may also decide to commit for an indefinite period.
This solution is more flexible since it allows to break the relationship at any time, subject to compliance with a notice period that the signatories have sufficient interest to provide contractually.
By cons, it is clear that the indefinite nature of the agreement would create legal uncertainty.
V. Pre-contractual information
Affiliation agreements often combine trademark license and exclusive obligation (including supply) at the expense of the participant. It is so in franchise agreements.
In such cases, the licensor (the headend) shall, pursuant to Article L 330-3 of the Commercial Code, to give to their partner at least 20 days before signing the contract, a document pre-contractual information allowing him to engage in knowingly.
fashion marketing
The first year of the course of fashion marketing is to acquire the basic technical skills required, given the proper methods used in project management, and a solid foundation and preparation of the culture of fashion. The course is shoot focused on the design of a fashion photography: from the observation of the real world, and deconstructing the signals, the development of an idea and its implementation in a style in an imaginary situation where the student undertakes an editorial project to provide it. The main objective of helping students is in its ability to interpret the styles, analyze and synthesize the real world and his own ideas, their implementation in a creative and coherent vision that knows how transmit the essence of an aesthetic image.
The second year is designed to more deeply into the methods that their new instruments and the cultural aspects that are defined more specifically: the projects (photo shoots with women, men, still life) deal with all the different phases involved : Research / Development / implementation - and which are the building blocks of the course. (Learn to contemporary fashion, photography, semiotics, and in general, how you interpret images)
The third year is devoted to an advanced design project in a simulated professional environment with complex cultural elements. The drafting of the final project leaves room for personal intuition and critical reflections on the role of the student. The thesis for the course of Fashion Marketing favors show the development of a personal style and a project, originality and consistency, in which the student's knowledge of the technical, qualitative and economic aspects with the actual production must show the collection.