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The Lottery brands are critical to its ongoing success. A well-developed commercial strategy is key to ensuring the protection of brand asset value and maximizing opportunities to enforce contractual and legal protections.
Components of a Lottery brand asset protection strategy include:
- Dedicated intellectual property (IP) funding and investment planning
- Provide documented rules for joint use of IP for multi-jurisdictional games
- Ensure ongoing assessment of existing trademark protections to aid identifying and addressing vulnerabilities
- Establish licensing framework that facilitates protection of brands across the group
- Establish a multi-faceted monitoring system across all brands to identify third party unauthorized use or infringement and trademark applications
- Develop a response framework
Measures to take in event of infringement cases
- Enforce legal prohibitions under the respective consumer law
- Undertake infringement action through the courts
- Send a letter of demand*
- Assess each case to decide if one or more of the above steps are required
Letter of Demand
A letter of demand may not be required for legal proceedings, however it may be enough to stop the unauthorized use of trade marks without the need for legal proceedings. It should include:
- IP ownership and basis for issuing the letter
- Unauthorized use with specific examples/evidence
- Specific infringement information (with reference to relevant legislation)
- Specific timeframe to comply with demands (the main point being to cease unauthorized use or infringement)
- Threat of legal proceedings without further notice if demands are not met
