Amir H. Khoury


Brand loyalty has become a truism in trademark discourse. Consumers tend to formulate their purchasing decisions by the power of consumption-momentum. That is to say they buy what they have already bought in the past and opt for the brands that they have already had a positive experience with. Experienced consumers manifest devotion to their preferred brands. This is the essence of Brand Loyalty. But should this Brand Loyalty be reciprocated by the brand owner? Is there such loyalty by the brand towards the consumer? Should the brand owner sustain the quality of products covered by his brand? Even more so, should he maintain any other defining attribute of the product (or service) marketed under his brand? And are such demands from the brand owner still of relevance in an age of expanding outsourcing? This paper explains why all of these questions should be answered in the affirmative. This paper argues that just as there is Brand Loyalty, there is (or, at least, there should be) Loyalty of the Brand. My assertion is that Loyalty of the Brand constitutes a morally sound concept which is inherently compatible with the general philosophy underlying trademarks and brands, and which rests firmly on numerous legally accepted disciplines and doctrines that form the backbone of commercial-contractual law. Loyalty of the Brand, thus, constitutes the counterbalance to Brand Loyalty, and should exist on par; not only as a legal phenomenon but as a practical one as well. It is, in the context of brand-consumer relationship, the other side of the same coin. 

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