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Place-Branding Experiences: Perspectives from Intellectual Property Owners, Users and Lawyers

Place-Branding Experiences: Perspectives from Intellectual Property Owners, Users and Lawyers

Author: Catherine W. Ng; Abbe E.L. Brown
Publisher: Edward Elgar Publishing
ISBN: 9781035311064
Published In: December 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This thought-provoking book navigates the impact of place-brands in the consumer marketplace in light of the extended protection accorded to them under intellectual property laws. Interdisciplinary in scope, the book explores diverse national and international approaches to strategic branding through the lenses of law, marketing, history and sociology.

The book presents three place-brands as case studies: ‘Scotch Whisky’-branded whiskies, ‘Napa Valley’-branded wines, and ‘Coffee Kenya’ figurative mark branded coffees. Each of the selected case studies offers a different perspective due to their legislative history and the time at which the place-brand received legal recognition. Chapters include analyses from those working within the industries: traders who use place-brands, lawyers who protect them, marketers who promote them, consumers who rely on them to buy goods, and academics who study them.

Place-Branding Experiences is a valuable resource for traders, marketers, policy makers, and students, academics as well as practitioners of law and marketing in exploring the impact place-branding can have not only on the sectors of industries so branded, but also on the broader regional economies. It advances important lessons from the diverse realities of successful place-brands.

Foreword xv

PART I. INTRODUCTION

Place-Branding and the Law 2

Catherine W. Ng, Titilayo Adebola and Abbe E. L. Brown

PART II. HOW PLACE-BRANDING STARTED

History of the Napa Valley Brand and AVA – A Multigenerational Insider’s Perspective 14

Ian Swanson and Michael Mondavi

Napa Valley: Small Place, Big Reputation 21

Rex Stults

Place-Branding in the Coffee Culture of Colonial Kenya: Tracing the Provenance of a Reputation for Quality 32

Philip Magowan

Scotch Whisky: Provenance, Authenticity, and Ownership 41

Julie Bower and David M. Higgins

PART III. THE IMPACT OF PLACE-BRANDING

Defending the Scottishness of Scotch Whisky 57

Atsuko Ichijo

Building Brand Napa 75

Ian Malcolm Taplin

The Commercial Power of Place-Branding 92

Henry Farr, Rosie Mallory and Penny Erricker

Authentic Place-Branding of Kenya’s Coffee Through Certification Mark: Practice and Prospects 110

Tom Kabau

PART IV. INTELLECTUAL PROPERTY LAW IN PRACTICE

10.

The Legal Protection of Geographical Indications in the United States: Following the Footsteps of Napa Valley 135

J. Scott Gerien

11.

Protection of Place Brands in Germany: Opportunities, Challenges and Strategies from a Practitioner’s Perspective 150

Katharina Hendrike Reuer and Wiebke Baars

12.

Protection and Enforcement of ‘Place Brands’ in the United Kingdom 164

Gareth Jenkins, Kirsten Gilbert, Claire Keating, Elise Cant and Ann Lee

13.

IP Law in Practice: the Case of Kenya 179

Chebet Koros and Melissa Omino

PART V. INTELLECTUAL PROPERTY LAW IN POLICY ANALYSIS

14.

The International Legal Landscape for Geographical Indications 196

Titilayo Adebola

15.

Legal Protection of Scotch Whisky, Napa Valley AVA

and Coffee Kenya by Distinctive Signs in the Digital Market 225

Pilar Montero

16.

Extended Passing Off – Protecting Goodwill in Place Brands and Other Tales 251

Catherine W. Ng

PART VI. THE PRODUCERS’ EXPERIENCES OF PLACE-BRANDING

17.

Place-Branding – Scotch Whisky 277

Graham G. Stewart and Anne Anstruther

18.

Scotch Whisky – A Perspective From Islay 284

Anthony Wills

19.

The Large Producers’ Experiences of Place-Branding 289

Ian Swanson

20.

What’s in a Name? Thoughts on 50 Years of Winemaking in the Napa Valley 293

Dawnine Dyer

21.

Place Brand and Coffee: Perspectives from the Gichangi Coffee Estate 299

Owen Gichangi

22.

Perspective From a Kenyan Coffee Grower: Selling to Market Through a Co-operative 303

James Ireri John

PART VII. CONCLUSIONS

23.

Place-Branding Experiences – Perspectives From Three Case Studies 309

Catherine W. Ng, Titilayo Adebola and Abbe E. L. Brown

Index 320

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