Everyone knows that the way to differentiate one business or brand from another is not only through the sign that bears the name. Words, numbers, logos, are the types of marks that we commonly know and that every business owner must register.

To further mark the difference, it is possible to notice how businesses have implemented marketing strategies for consumers to remember and recognize them through other senses, such as hearing and smell. That’s why trademark laws, in this case, those of the Dominican Republic, regulate this particular aspect.

So yes, it is possible to register as a trademark: shapes, sounds, and smells as long as they meet the distinctiveness requirement. That is, those shapes, sounds, or smells are not intrinsic to the product or service, nor are they commonly used in the relevant sector.

By:  Laura Castillo

Many opinions have been expressed regarding the announcement made by Quaker Oats that they would be changing their Aunt Jemima brand. The news is curious because the brand has a recognized history, over 130 years in the market, and nowadays very few people would not be able to associate the dark-skinned woman, with curly hair and an exuberant smile, with Aunt Jemima – the brand of maple syrup and pancake mix. This news was revealed following the multiple protests sparked by the brutal murder of George Floyd. In 2022, they have already begun to place products with the new presentation.

Although it might be interpreted as an act of social responsibility, many believe that changing the brand is not relevant to combating racism and discrimination. However, it is important to consider that the owners themselves have stated that both the logo and the brand name were created under a racial stereotype. In particular, Aunt Jemima has its origins in the so-called “mammy” of the 19th century, an old African American slave, a domestic servant with an apron and a scarf on her head, characterized by being submissive and dedicated to pleasing and serving whites. Since its creation, the “mammy” logo has been renewed on several occasions: the bandana has been removed, the nose refined, and a pearl earring added. This, in response to criticism of the outdated and negative representation of African American women.

In addition to the “mammy,” other stereotypes have been used to illustrate brands. There is the so-called Sambo, a happy but lazy and irresponsible black man; Tom, depicted as a happy man willing to serve whites; and Jezebel, symbolized as a sexually immoral female character.

While the announcement of Aunt Jemima may be small in the fight against racism, the important role that brands play should not be overlooked. Professor Llewellyn Gibbons pointed out that brands shape social identity. Both the brand and the advertising associated with it have the power to change perceptions and the way we interact with each other.

Hence, it is an internationally accepted criterion not to admit as trademarks signs that are contrary to morality, public order, or that ridicule people or ideas. Undoubtedly, brands created under stereotypes ridicule and offend the honor and dignity of individuals. In this case, the Aunt Jemima brand has found protection because it is not explicit discrimination, but rather a graceful stereotype. Other brands in similar situations include Uncle Ben, Mrs. Butterworth, and the Cream of Wheat chef.

These reasons for changing the image and name of brands have been previously considered and executed by holders such as Bimbo and Fritos with their brands i) Negrito and ii) Frito Bandito, respectively. Both were considered derogatory by consumers. The first was a brand of chocolate-covered breads and was depicted by an African American teenager. Because it was considered racist, the brand changed to Nito, and the character became white-skinned with afro hair. The second case, owned by Fritos, consisted of a character representing the stereotype of a Mexican swindler from Western movies, spoke English with a Mexican accent, was armed, and wore a gold tooth. The Mexican American Committee Against Defamation pressured Fritos to clean up the image of Mexicans being promoted with this brand. In response, they changed the hairstyle and attitude of the character. Later, the brand changed to Muncha Bunch, represented by a group of cowboys.

Having said that, and in light of the fact that intellectual property rights influence how we interact, perceive ourselves, behave, and are intrinsic to culture, it would be completely understandable and appropriate for Aunt Jemima and other brands with similar conditions to be moved to change their image to one that does not denigrate a segment of society.

When registering your brand, you must decide whether it is necessary to proceed with the registration of your logo, or simply the name of it. So we explain what you need to know to make this decision that is much more important than it seems.

M

any understand that having a brand is simply creating a logo. We see Coca-Cola, Café Santo Domingo, La Sirena, and think it’s as simple as having a nice design to put on our packaging; I include myself because at some point I thought that too. However, a brand goes much further than a combination of words and colors that catch the eye.

Lately, entrepreneurship has become a trend; so much so that it seems like today, everyone wants to create something of their own, to have an income that depends solely on us and not on our employers. It’s as if we all want to have our own brand. However, few of us know what steps to take to turn our idea into reality.

The most beautiful time of the year is already here, and with it come all the Christmas traditions that we enjoy so much. Gift exchanges, Christmas dinner with those dishes that we only bring out once a year, hot chocolates, family gatherings, and obviously, the Christmas carols. Those songs whose rhythm transports us to our childhood, and their lyrics fill us with hope. Songs that seem to have no owner, as they are on everyone’s lips from the beginning of December and are passed down from generation to generation.

So it becomes interesting to question the rights that the authors of these very special songs have.

In the Dominican Republic, copyright is covered by Law 65-00, and the country is also a signatory to the Berne Convention, which regulates these rights internationally. According to national legislation, copyright arises with the work, making it inherent to its creator and independent of the formalities contemplated in the law. Both national and international legislation establish that “copyright” includes, among other things, the protection of literary and artistic works, including musical compositions, with or without lyrics. So it is clear that, even though they seem to belong to everyone, Christmas carols belong to their creators, in terms of rights.

However, these rights are not infinite, as they have an expiration date. According to both national and international legislation, the copyright belongs to the creator of the work throughout their lifetime, and after their death, it passes to their spouse, heirs, and assigns for a period of fifty years from the death. In the case of collaboration, the 50-year period runs from the date of death of the last co-author.

Once the fifty years have passed, the work becomes public domain, which means that the use of these works will be free. On the other hand, those songs that have not entered the public domain cannot be used freely and are subject to the famous “copyright,” so their use should, in principle, be remunerated to the author.

Surprisingly, although we would think that all Christmas carols are in the public domain (because we have been hearing them all our lives), there are some, such as “Santa Claus Is Coming to Town,” “A Holly Jolly Christmas,” “Jingle Bell Rock,” “Rockin’ Around the Christmas Tree,” “Feliz Navidad,” “Have Yourself a Merry Little Christmas,” “Here Comes Santa Claus,” “Last Christmas,” and “Ya Llegó la Navidad” that have not yet entered the public domain, so they should not be used without authorization.

But fortunately, there are Christmas carols like “Jingle Bells,” “Silent Night,” “The First Noel,” “The Twelve Days of Christmas,” “We Wish You a Merry Christmas,” “Deck the Halls,” “Santa Claus Is Coming to Town,” “Jingle Bell Rock,” and “Have a Holly Jolly Christmas” that are already in the public domain. So they belong to everyone and for everyone, as long as the authorship and integrity of the musical work are always respected.

So, the next time you think about using Christmas carols, think twice and make sure they are those that are already in the public domain.

By: Isabella Dipp y Laura Castillo

After the change from Facebook, Inc. to META, the “metaverse” has been on everyone’s lips. Although it may sound like something out of a science fiction movie, the metaverse promises to be real. This term refers to a wide variety of experiences, environments, and above all, assets, but all virtual; a kind of intangible universe.

It is speculated that the keys to unlocking the metaverse will be non-fungible tokens or “NFTs,” which are made up of blockchains. These tokens store a multitude of information in all possible formats. They are characterized by being unchangeable, uncopyable, and incorruptible, making them an asset for anyone who acquires them. Basically, it is a unit of data stored on a digital chain called blockchain, which contains a unique digital asset that is safeguarded and impossible to manipulate. This unit of data is a unique digital asset, which gives it its “non-fungible” quality.

Due to their characteristics and the great boom they have been experiencing, many companies have dared to venture into this digital world by creating their own digital assets.

We can see how Nike, which currently has a market capitalization of US$263.27 billion, recently proceeded with the registration of trademarks to protect “a system and method of providing cryptographically secure digital assets,” indicating that they will be entering this new digital world. Likewise, they proceeded with the registration of their most iconic trademarks such as “Nike,” “Just Do It,” “Jordan,” and “Air Jordan” for the protection of their use in various virtual goods and services.

On the other hand, in the beauty sector, we can see ELF with its non-fungible tokens, who ventured into the launch of their “Crypto Cosmetics.” The globally renowned beauty brand took three of its most beloved products by the public and brought them into the digital world. The products “Poreless Putty Primer,” “16hr Camo Concealer,” and “Ride or Die Lip Balm” from ELF are already available, and you can acquire your own “Crypto Cosmetics” to be part of this brand’s legacy.

Vogue Singapore also joined in by launching “mystery boxes” in NFTs as part of its September edition. The boxes contain artwork featuring sunrises from 10 cities around the world, created in collaboration with Brytehall and NFKings. The president of Vogue’s publishing company established that this is just the first step toward a long-term strategy to unite the cryptocurrency community with luxury brands.

Even the toilet paper brand “Charmin” released its own NFT crypto collection for sale. There are three original toilet paper art pieces. The art is a cryptocurrency token that certifies ownership of the digital file through a blockchain and will be accompanied by a physical display that allows this art to be hung alongside real rolls. The brand’s vice president says that “a good bathroom experience can expand beyond the seat,” and expressed that this was a fun way to “give Charmin’s biggest fans a virtual version of their favorite roll.”

Likewise, another company venturing into the world of digital assets is the NBA. After approximately US$84 million in revenue loss, they decided to venture into the digital world, leaning towards the NFT movement and making significant investments in them. The league has seen a great interest in “Top Shots” and launched its first digital initiative focused on collectible NFTs. They have dedicated themselves to commercializing the best game releases through blockchains, allowing fans to own unique and historic moments from their favorite games.