BHP for Business

The Naked Truth

Protecting your brand

18th Oct 2010

Protecting your brand

You may not have heard of Robert Burck but he is an example of the wide ranging potential of protecting your business ideas.

 

Burck is an iconic New Yorker who makes his living by entertaining tourists in the Big Apple’s Times Square, playing his guitar and singing his theme song ‘I’m the naked cowboy.’
 
You may be relieved to know that Burck is not entirely naked but hides his modesty with a pair of briefs.
 
Burck took exception to comedienne, Sandra Kane, calling herself ‘the naked cowgirl’ and also performing in Times Square.
 
Understandably, Burck felt that Kane was devaluing his own brand and was confusing the tourists whom he had entertained as the naked ‘cowboy’ for many years.  
 
The battle of the cowboy and cowgirl has yet to be resolved by the US courts but Burck’s action is a timely reminder of the necessity for both existing businesses and new ventures to protect their individual ideas and values.
 
Like Burck’s brand, every business has intellectual property (IP) rights whether it be a company’s logo or an invention.
 
The significance of these rights should not be underestimated and the importance of protecting the IP rights should be a high priority consideration for every business, be it existing or new.
 
IP is an essential part of a firm’s marketing and it plays a central role in connecting a business to its customers and clients and also prevents competitors from stealing your brand.
 
As well as ensuring IP rights are protected it is just as important to make sure that some other ‘cowboy’s’ rights are not being infringed. It should have been obvious to the cowgirl that Burck was likely to be upset by her presence in Times Square.
 
However, in less obvious circumstances, an IP search can be made to check whether there are similar brands on the market.
 
The naked cowboy is justifiably determined to protect his brand and may well be successful. The cowgirl on the other hand would have been sensible to have checked with her lawyers whether her appearance in Times Square was going to cause her to appear before the judge.
 
Let’s hope that the courts do not think that she has been guilty of bare faced cheek! 
 
Clare Dixon is a member of the Innovation Team at BHP Law and can be contacted on (01325) 466794.

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