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Running Your Business:
Marketing vs. Legal: The Battle Over Trademarks
By Michael A. Rule

Perhaps the most unappreciated friction that can occur within the ranks of today's foodservice enterprises is that which arises between Marketing personnel and Legal counsel over the cost of legally protecting new advertising slogans. Marketing typically views Legal as being unnecessarily conservative in its protectionism and equally liberal in its spending of Marketing's budgeted funds. Legal, on the other hand, typically views Marketing as having waited to the last minute before seeking counsel and then being unrealistic in its expectations of both costs and risks. The savvy owner and/or corporate leader will recognize this friction and find a way to turn a potentially costly and disruptive team disharmony into an energizing and efficient team synergy. So, what's the real problem and how do we fix it?



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