Recent Publications
By Dana R. Kaplan and
Michelle Mancino Marsh
- March 19, 2007
This article was first published in HedgeWeek on March 19, 2007.
Michelle Mancino Marsh and Dana R Kaplan, partners in the New York office of Kenyon and Kenyon, explain the importance of selecting and protecting hedge fund brand names. Coca-Cola, Exxon, Microsoft, Aetna, Merrill Lynch - what do all of these companies have in common? Their corporate names all add value to their companies by functioning as strong, protectable trademarks.
It is no secret that the protection of brand names, or trademarks as they are also called, is often overlooked or relegated to a lower business priority at many companies, including those in the hedge fund industry. One rationale for this problem is that many people believe that trademarks are solely for consumer products and services, such as Reebok for footwear or Coca-Cola for soft drinks.
However, trademarks encompass so much more. A trademark or a service mark is any word, name, symbol or device used by a person or entity to identify and distinguish goods or services and to indicate their source.
In other words, if the industry and investors think of your fund or management company name and make a connection with your company's financial or investment services, you likely have a trademark as well - one that you should protect, defend and enforce.
By doing so, you can help create goodwill in your company which can result in consumer recognition that financial products or services coming from your company are ones they can trust. In a field where risk is part of the game, gaining consumer confidence - through brand recognition - can only help your business goals.