BRAND LOYALTY & LOYALTY OF BRANDS: A SYMBIOTIC RELATIONSHIP

Authors

  • Amir H. Khoury

DOI:

https://doi.org/10.5195/jlc.2014.65

Abstract

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. 

Downloads

Published

2014-07-18

How to Cite

Khoury, A. H. (2014). BRAND LOYALTY & LOYALTY OF BRANDS: A SYMBIOTIC RELATIONSHIP. Journal of Law and Commerce, 32(2), 173–206. https://doi.org/10.5195/jlc.2014.65

Issue

Vol. 32 No. 2 (2014)

Section

Articles

License


Authors who publish with this journal agree to the following terms:

    1. The Author retains copyright in the Work, where the term “Work” shall include all digital objects that may result in subsequent electronic publication or distribution.

    2. Upon acceptance of the Work, the author shall grant to the Publisher the right of first publication of the Work.

    3. The Author shall grant to the Publisher and its agents the nonexclusive perpetual right and license to publish, archive, and make accessible the Work in whole or in part in all forms of media now or hereafter known under a Creative Commons 4.0 License (Attribution-Noncommercial-No Derivative Works), or its equivalent, which, for the avoidance of doubt, allows others to copy, distribute, and transmit the Work under the following conditions:
      1. Attribution—other users must attribute the Work in the manner specified by the author as indicated on the journal Web site;
      2. Noncommercial—other users (including Publisher) may not use this Work for commercial purposes;
      3. No Derivative Works—other users (including Publisher) may not alter, transform, or build upon this Work,with the understanding that any of the above conditions can be waived with permission from the Author and that where the Work or any of its elements is in the public domain under applicable law, that status is in no way affected by the license.

    4. The Author is able to enter into separate, additional contractual arrangements for the nonexclusive distribution of the journal's published version of the Work (e.g., post it to an institutional repository or publish it in a book), as long as there is provided in the document an acknowledgement of its initial publication in this journal.

    5. Authors are permitted and encouraged to post online a pre-publication manuscript (but not the Publisher’s final formatted PDF version of the Work) in institutional repositories or on their Websites prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. Any such posting made before acceptance and publication of the Work shall be updated upon publication to include a reference to the Publisher-assigned DOI (Digital Object Identifier) and a link to the online abstract for the final published Work in the Journal.

    6. Upon Publisher’s request, the Author agrees to furnish promptly to Publisher, at the Author’s own expense, written evidence of the permissions, licenses, and consents for use of third-party material included within the Work, except as determined by Publisher to be covered by the principles of Fair Use.

    7. The Author represents and warrants that:

      1. the Work is the Author’s original work;
      2. the Author has not transferred, and will not transfer, exclusive rights in the Work to any third party;
      3. the Work is not pending review or under consideration by another publisher;
      4. the Work has not previously been published;
      5. the Work contains no misrepresentation or infringement of the Work or property of other authors or third parties; and
      6. the Work contains no libel, invasion of privacy, or other unlawful matter.
         
    8. The Author agrees to indemnify and hold Publisher harmless from Author’s breach of the representations and warranties contained in Paragraph 6 above, as well as any claim or proceeding relating to Publisher’s use and publication of any content contained in the Work, including third-party content.