Marking the World A Better Place: The public benefits of a trademark career

Is “source identification” a basis for a virtuous life?

IPIC spoke to three heavyweights in the trademark field – Monique Couture, Janice Bereskin, and Kwan Loh – to explore what moral dividends a career in trademarks can pay.

As their experiences reveal, trademarks are more than business assets – they also protect consumers, keep businesses accountable, and enrich our lives with a tapestry of creative content.

Monique Couture

Having experienced a world without branding, Monique has an appreciation for the vibrancy that exists in a world pervaded by copy and colour. 

Today, you will find Monique in Gowling WLG’s Ottawa office, a highly-decorated partner responsible for safeguarding some of the world’s most famous brands. Years ago – when the world was a different place – she set up the firm’s anti-counterfeiting practice in Russia.  She had also studied Russian in Moscow before the Soviet Union fell.

“BREAD,” Monique recalls.

“MILK.”

This was the extent of the storefront signage that typified life behind the Iron Curtain, where goods were identified by their names rather than brands.

“Moscow in Soviet times was so bleak,” Monique explains. “Having lived in a place with no brands, I came to realize that brands provide consumer choice, quality and variety, but also contribute a certain visual tapestry to our society. “

“I remember the excitement of finding a glistening green Heineken bottle with a bright red star in a foreign currency bar. After the grey monotony of Soviet commercial life, it was a striking visual treat to experience the variety of colours the various liquor brands displayed.”

A little something we all take for granted.

Janice Bereskin

“Merchandising has come a long way from the days when "marks" were carved on silver goblets or earthenware jugs to identify the wares produced by a certain silversmith or potter.” So says Justice Binnie in Mattel, though the words fit Janice just as well.

Janice is a principal at Smart & Biggar in Toronto, formerly of Bereskin & Parr, where she specializes in the management of large international portfolios and has been recognized among Managing IP’s “Top 250 Women in IP” worldwide.

Reflecting on her 25 year career, she sees her work as one contribution in a long effort to build trust between consumers and businesses.

“If trademarks weren’t as important as they are, everyone would use generic names. The fact that trademarks have been around for hundreds of years is telling.”

Trademarks can convey trust and quality, as Janice explains.

“Without a trademark, there is no accountability. A trademark tells consumers what they’re getting, and lets them make an informed decision the next time they purchase goods.

“Being in a profession that lets a good business stand out, and helps to protect consumers … I see as doing a lot of good.”

Kwan Loh

To judge the merits of a branded society, Kwan poses a counterfactual: what happens if trademark protection disappears?

In the opinion of this LEXPERT-ranked lawyer, an answer to that question exists in the dangers evident from counterfeiting.

“We know counterfeit goods harm consumers – fake phone chargers that explode, unlicensed health products.

“When you travel to places without IP protections, it’s the wild west. You have no idea if a product is genuine, and you wonder – has someone checked the quality on this?”

A principal in Smart & Biggar’s Vancouver office, Kwan has seen the dark side of the counterfeiting game.

“A lot of the industry is associated with organized crime. The problem goes deeper than a fake bag.”

So Kwan endorses a career in trademarks, and believes IP law does make the world a better place.

“A trademark is a bastion of safety. We make that possible.”

Conclusion

Conventional wisdom says trademarks exist to guard against confusion:

“The purpose of trade-marks is to function as a symbol of the source and quality of wares and services, to distinguish those of the merchant from those of another, and thereby to prevent “confusion” in the marketplace …” (Veuve Clicquot, para 18)

This expert panel says they do more than that, and are critical to living in a high-trust society: marking the world a better, more varied, and more interesting place, one brand at a time.

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