Brands Don’t Sell Products, They Sell Lifestyles: A Perspective from the Field of Intellectual Property

When a consumer chooses a brand, they rarely do so solely on the basis of the functional characteristics of the product or service they are purchasing. In reality, they are buying into a promise, an experience and, in many cases, a way of identifying themselves to others. Nike does not simply sell trainers; it sells personal achievement. Apple does not merely sell technological devices; it sells innovation, design and exclusivity. Contemporary brands have evolved into cultural symbols capable of influencing the way people perceive themselves and relate to their surroundings.

This evolution has significant legal implications. Traditionally, a trade mark served to identify the commercial origin of a product or service and to distinguish it from its competitors. However, when a brand succeeds in becoming associated with a lifestyle or a particular aspiration, its value transcends that basic function and becomes one of the company’s main intangible assets. In many cases, the value of the brand far exceeds the value of the tangible assets the company owns.

For this reason, the legal protection of a brand cannot be limited to the registration of a name or a logo. It is necessary to protect the whole range of elements that make up the experience and the perception consumers have of it. In this context, the concept of ‘trade dress’ takes on particular significance; this is understood as the overall appearance and visual presentation of a product, service or establishment when these elements enable the public to identify its commercial origin.

Trade dress can manifest itself in a variety of ways: the shape of a product, its packaging, the décor of a retail outlet, the consistent use of colours, or even the way in which a consumer experience is presented to the public. When these elements acquire distinctive character, they become part of the brand’s value and deserve protection.

From a strategic perspective, protecting a brand that markets a lifestyle requires the coordinated use of various intellectual property tools. These include, notably, the registration of trade marks in various classes to broaden the scope of protection; copyright over advertising campaigns, photographs, videos, digital content and other creative expressions associated with the brand; as well as industrial designs that protect the specific appearance of products, packaging and presentations.

At an international level, the protection of trade dress is developed through three main approaches. The first is the autonomous model, adopted by countries such as the United States, Mexico and Brazil, where this concept is expressly recognised with its own specific protection requirements. The second is the integrated model, in force in the European Union, the Andean Community and Ecuador, which protects these elements through three-dimensional trade marks, industrial designs and actions for unfair competition. Finally, the common law model, found in jurisdictions such as the United Kingdom and Australia, relies primarily on passing-off actions to combat imitations likely to cause confusion in the market.

In Ecuador, the absence of a legal concept expressly termed ‘trade dress’ does not imply a lack of protection. On the contrary, the legal system offers various mechanisms to protect trade dress when it fulfils a distinctive function and helps to differentiate a company from its competitors. The appropriate combination of trade marks, industrial designs, copyright and unfair competition laws enables the effective protection of these assets.

The current reality shows that brands no longer compete solely on the basis of the quality or characteristics of their products; they compete to carve out a place within consumers’ identities and aspirations. Faced with this transformation, intellectual property professionals must adopt a holistic approach that goes beyond traditional trade mark registration. Protecting a brand means protecting the entire ecosystem surrounding it, because what truly generates value is the emotional connection it manages to build with its audience. That connection, rather than the product itself, is now one of the most valuable assets of any company.