This volume emerged from the notion that marketers and lawyers often talk about the same things. They may use different names, but essentially the things they talk about are the same. For example, while marketers talk about brands, lawyers talk about trademarks. However, relatively late in the process of editing this volume, we, as editors, had a somewhat unsettling realization. Throughout the planning and editing process for this book, we had been laboring under, not unrelated, but certainly not identical, views about the domain of marketing and the reach of law. We had no real common understanding of what marketing is, what marketing theory entails, and how the law shapes and governs marketing activities. Such a state of affairs is part of the inevitable risk of bringing together a group of scholars from two distinct disciplines. Fortunately, the realization helped us recognize that both marketing and law are sometimes vessels into which users can pour whatever content they wish. At the start, therefore, we thought it wise to dispense with some misconceptions and offer at least some working definitions of the terms and ideas we encounter in this volume.