From Marking Products to Marketing Brands: A Legal Perspective on the History of Brand Marketing

This book examines the historical evolution from marking or branding products for ownership purposes to branding products in order to promote the brand itself. In the extreme, some modern brands so strongly promote their brand image or personality that there is little emphasis on promoting the branded products themselves. Central to this evolution is the development and protection of brand identifiers, such as names, logos, and more, as well as the development of registration and conflict-resolution systems to resolve disputes regarding brand identifier similarities.

The author meticulously navigates the historical evolution of brand marketing, elucidating the manner in which this practice has evolved over time. To get a sense of how much brand marketing has grown, he examines advertising expenditures, the scholarly and professional literature, a few case studies, and the growing number of brand identifier registrations and disputes. He examines several legal areas including trademarks, unfair competition, copyrights, design patents and even antitrust law. In modern times, the legal system not only enables brand marketing but sets limits on it as well. The book concludes by examining some modern developments that are testing the limits.

Catering to researchers vested in the realms of advertising and marketing history as well as law, this landmark text provides a thorough survey of brand marketing and its regulatory landscape.

Ross D. Petty is Emeritus Professor of Marketing Law at Babson College, USA after being a faculty member for thirty-one years. He has published more than 100 articles, book chapters, and notes, and presented 115 times at various academic conferences and events. His most recent book is Branding Law: A Guide to Legal Issues in Brand Management.