Coca-Cola’s
announcement last week of its ad partnership with Twitter for a Coke bottle emoji signals a new development in the assets available to brands. With Twitter in talks with its Top 10 biggest brands about rolling out similar programs, it seems that this is more than a one-off gimmick. The news raises interesting questions around securing protection for these brand assets. First, there is a question as to whether such simple icons would be distinctive enough to achieve registration as a trade mark, with copyright and design law perhaps proving more useful tools. Second, as with other forms of online content such as app tiles and avatars, the limited graphic real estate means that parties may be competing to set themselves apart in a crowded market, giving rise to potential brand identity and infringement issues. Whilst the future of ad emojis remains to be seen, it is clear that this forms part of a wider movement of brands relying on icons rather than traditional text. Here at Stobbs we're experienced in providing advice on protection for all types of brand assets, big or small; please feel free to drop us a line.
