-most common form of competition in textile, apparel, and home fashion industries
-many companies compete in terms of product type, but specific products of any one company are perceived as unique by consumers
-a company must create a perceived difference between its product and the competitions product (design characteristics, advertising to create public awareness of brand name or trademark, buy use of well-established brand name, trademark, or other image through licensing programs, retailer creates private label of store brand merchandise unique to its store, expand its services to consumers by opening retailer stores or channels of distribution- catalogs, websites, other nonstore venues)
Designers, inc. Pierre Cardin, Chanel, Yves Saint Laurent, Ralph Lauren, Calvin Klein, Giorgio Armani, Vera Wang, Donna Karan, many others license names as brand names for products including scarves, jewelry, fragrances, cosmetics, home fashions, and shoes. "word, phrase, symbol. or design, or combination of words, phrases, symbols, or designs, that identifies and distinguishes the source of the goods of one party from thos of others). Name, word, mark, design. The Lanham Act- provides for federal registration and protection of trademarks.
2006- Pendleton Woolen Mills filed a trademark infringement suit against Kmart Corporation for a line of flannel sheets sold at Kmart stores with packaging that indicated "Pendleton flannel sheet set" and featured an Indian trade blanket design similar to design used by PWM. no licensing agreement.
provide immediate consumer recognition and are protected against illegal copying.
protect a number of written, pictorial, and performed works, including literature, music, films, tv shows, artworks, dramatic works, and advertisements. 1976 Copyright Act- copyright holder has exclusive right to use, perform, or reproduce the material (before 1923 public domain)
In US textile, apparel, and home fashions industries- garment or product style is not protected by copyright, original textile prints and graphic designs are protected, even when incorporated into a garment or home fashions item. To collect damages-copyright must be registered with Copyright Office of the US Library of Congress
-textile designer may also put copyright notice in selvage of fabric
Designer: most expensive (Chanel, Calvin Klein, Vera Wang
Bridge: between designer and better, may include designer's less expensive lines (Eileen Fisher)
Better: nationally recognized brand names; many store brands and private label (Nordstrom's Caslon, Banana Republic, DKNY).
Moderate: Nationally known sportswear brands, store brands, reasonably priced lines and less expensive lines of "better" companies. (Gap, JCPenney's Arizona Brand, Guess)
Budget/Mass: discount stores and mass merchandisers, budget lines, store brands with low price competitive strategy (Old Navy, Kmart's Jaclyn Smith Brand)
-continuum-some produce in several categories