Correspondence: Ross D. Petty, Babson College, US. Tel: 781 239-5529; E-mail: petty@babson.edu

¹is a professor of Marketing Law at Babson College in Wellesley, MA. He has written extensively in the area of marketing law and is the author of The Impact of Advertising Law on Business and Public Policy (1992). His research and articles have been recognised for excellence by the Journal of Public Policy & Marketing, the Journal of Product and Brand Management and the Academy of Legal Studies in Business.

Received 24 March 2007; Revised 24 March 2007; Published online 29 June 2007.

Abstract

Part one of this article examines the interplay between trademark law and marketing strategy in selecting a brand name. Part two presents several strategies for limiting the ability of rivals to select and use other brand names.