Dan sees blue ovals, I see and enjoy branding irony — especially irony that appears unintended. Take the example to the right, an ad for EagleBank, a community bank operating in the Washington, D.C. area. While mingling with more than 9,000 other trademark lawyers from around the world who have descended upon the Washington, D.C…. Continue Reading
Tag Archives: Brand Names
What’s Up with Dogs?
Posted in Branding, Guest Bloggers, Marketing, Trademarks—Karl Schweikart & Susan Hopp, both of 45 Degrees/Minneapolis I bet you’ve noticed this long-time naming trend: Having the word “dog” in the names of brands that have nothing at all to do with dogs or pets or even animals. What gives? A quick Google search of the term “black dog” turned up these… Continue Reading
In the Brand Name Game, Honda Gets it Done the Hard Way
Posted in Branding, Famous Marks, Goodwill, Guest Bloggers, Marketing, Trademarks—Dave Taylor, Taylor Brand Group In this age of fiercely defended intellectual property, it’s tough developing even a single new product name. Registered trademarks guard their brand territory in every industry and fence out their competitors. Launching a new product name can take months or years of name generating, testing, and legal process. Done well,… Continue Reading
And, Here’s . . . Jimmy’s Johnnys
Posted in Advertising, Branding, Dilution, Famous Marks, Food, Marketing, Television, Trademarks, TTABOne good thing leads to another, or perhaps, vice versa (then again, maybe not): Odds are, you probably are familiar with the logo on the left, but maybe not the history behind the brand and company it represents. Apparently, a guy named Jimmy John Liataud founded Jimmy John’s Gourmet Sandwiches in Charleston, Illinois, in 1983, and since then, has grown… Continue Reading
Tripartite Branding Trouble: The Name is Suk?
Posted in Advertising, Branding, Goodwill, Marketing, Trademarks"The name is Bond, James Bond," said Sean Connery, Roger Moore, and Daniel Craig, among others, countless times in film, as part of the famous 007 series. An ideal name for a secret agent. A name and line not easily forgotten, as brands and taglines should be. And then, there are some names you’d like to forget, but can’t, especially if… Continue Reading
Can You Rollerblade On K2 Brand In-Line Skates?
Posted in Mixed Bag of NutsThese kinds of signs — that appear to single out Rollerblade brand in-line skate loyalists – are all over the place. This one happens to be in the parking garage I use in downtown Minneapolis. To understand why the Rollerblade brand may find itself in this perilous position, read on, here. For some additional reading on the related question of verbing brands, take a… Continue Reading
Managing The Legal Risk of “Verbing Up” Brands and Trademarks
Posted in Advertising, Branding, Domain Names, Genericide, Loss of Rights, Marketing, TrademarksTrademark lawyers need to face the facts. Despite decades of ardent counseling to the contrary, business executives and marketers are not only testing the waters with the treatment of their most valuable brands as verbs, in some cases, they are diving in head first, committing substantial resources and effort toward the clearly stated goal of "verbing up" and having their brands used as verbs by… Continue Reading
Judging A Brand By Its Cover
Posted in Branding, Marketing, TrademarksI’m mostly wearing my consumer hat today, having just returned from a youth baseball tournament in Phoenix this past weekend, where we stayed at the six month new Drury Inn & Suites shown above. As you may recall, and if so, you will have noticed the irony because, last September I riffed about the Drury name and asked whether a… Continue Reading
What Has Happened To Car Names?
Posted in Branding, Guest Bloggers, Marketing, Trademarksby Mark Prus Marketing Consultant at NameFlashSM As a professional name developer, I think about names all the time. One of my favorite times to think is when driving. No, I am not “texting while driving.” But when I pull up behind a car at a red light, I notice the name on the back… Continue Reading
Another Marketing Pitfall: How to Crush a Smashing Brand Name & Trademark
Posted in Advertising, Branding, Food, Genericide, Loss of Rights, Marketing, TrademarksLast week we blogged about the dreaded D-Word and how some marketers unwittingly undermine trademark rights in a brand name by explaining that the name "describes" or is "descriptive" of the goods or services sold under the brand. We also have blogged about the danger of "taking a suggestive name, mark, or tag-line, and using it descriptively in… Continue Reading
You Heard it Here First: Nashville is Brand Central Station!
Posted in Advertising, Branding, Famous Marks, Marketing, Non-Traditional Trademarks, TrademarksFor the record, I love music, lots of different artists and musical styles: Bob Dylan to Aerosmith, Otis Redding to Elvis, Montgomery Gentry to Santana, Climax Blues Band to Bill Withers, Jack Johnson to Jamey Johnson, Michael Jackson to Alan Jackson, James Taylor to Taylor Swift, Pink Floyd to Wallflowers, Pat Benatar to Pat Green, Glen Campbell to Stevie Wonder, Beatles to Terri Clark, Cat Stevens… Continue Reading
Naming the Store Brand
Posted in Guest BloggersEvery Sunday I go through the circulars in the paper looking for new products. I usually spend a lot of time with the ads from the national drug store chains (Walgreens, CVS, and Rite Aid). Recently, I observed that each chain seems to have a radically different philosophy on store brand naming. And while this observation isn’t… Continue Reading
Lion’s Tap Reaches “Mutually Beneficial” Settlement with McDonalds
Posted in Advertising, Branding, Dilution, Famous Marks, Food, Infringement, Law Suits, Marketing, TrademarksA couple of hours ago Kare 11 News in Minneapolis reported "Lions Tap wins settlement with McDonalds." Absolutely no details about the settlement were provided, so it’s hard to understand how Kare 11 is able to pronounce this as a "win" for Lion’s Tap over McDonalds, although it certainly plays into the seductive David and Goliath theme of… Continue Reading
Kleenex® Not Wanting to Blow It: Some Steps to Avoid Trademark Genericide
Posted in Advertising, Branding, Famous Marks, Genericide, Loss of Rights, Marketing, TrademarksThis sponsored banner ad is currently appearing in AdAge’s Daily News on-line newsletter: How many boxes of tissue do you suppose this ad is responsible for selling? If the answer is none, that is probably fine with Kimberly-Clark since the return on investment for this ad is measured quite differently, I’m sure, given how the frequently misused Kleenex®… Continue Reading
Is Twitter¬Æ “Following” Kool-Aid¬Æ, Mickey Mouse¬Æ, and Spam¬Æ?
Posted in Branding, Social NetworkingWhat does Twitter have in common with Kool-Aid, Mickey Mouse, and Spam? Maybe nothing, at least yet, but I predict that it will soon, unless Twitter retains some talented PR help in a hurry. Why? The Kool-Aid, Mickey Mouse, and Spam brands all have spawned secondary or alternate and negative non-trademark meanings that have become part of the English… Continue Reading
Just Verb It? Part III: Testing the “Slippery Slope” of Using Brands as Verbs
Posted in Advertising, Branding, Genericide, Loss of Rights, Marketing, TrademarksAlthough intellectual property lawyers of the Dr. No variety may not like to admit it – I submit that, not all slippery slopes are created equal. While some slippery slope cautions might prevent a few bumps and bruises in traveling along a particular path (e.g., the one on the left below), I suspect far fewer slippery slope… Continue Reading
The Title of Your Story
Posted in Branding, Domain Names, Guest Bloggers, Marketing, TrademarksWhat’s the first thing you think about when you’re naming a company or a product? Securing a domain? Avoiding trademark conflict? Sounding different from your competitors? All are important concerns. But I contend that the first thing you should think about is this: A name is the title of your story. Yes, you’re naming your… Continue Reading









