November 2009

There is a time and a place for the use of double negatives. The Rolling Stones made the double negative "I Can’t Get No" lyrics famous in the legendary hit Satisfaction (#2 on Rolling Stone Magazine’s List of the Top Songs of All Time). Pink Floyd made the double negative lyrical phrase "We Don’t Need No" famous in the song Another Brick in The Wall, Part 2. With respect to song titles, what about Diana Ross’ recording of the double negative Ain’t No Mountain High Enough?

Despite these widely popular uses, we are all taught (at an early age, my children have confirmed) not to use no double negatives, never, ever, as they are grammatically incorrect, inappropriate, and most likely to be avoided at all cost in writing and speech. Indeed, to fix the double negative problem, we also are taught that a double negative should be removed and resolve to a single positive. So, we’re told that a double negative carries the same meaning as a single positive.

Does that mean Mick Jagger and Keith Richards really meant to say, "I Can Get Satisfaction"? What about the "We Don’t Need No" lyrics? Did Roger Waters really intend to communicate that "We Need Both Education and Thought Control? Did Diana Ross really mean, "There is a Mountain High Enough"? Maybe, but I don’t think so. Those "positive" versions of the double negative lyrics create entirely different meanings, in my opinion, and if used, they would have put us into a collective slumber.

So, clearly, there is a creative role for double negatives in music, but how about in branding?

My question was inspired driving into work a couple of weeks ago, as I was passed by a Sara Lee delivery truck prominently displaying a double negative tag line ("Nobody Doesn’t Like Sara Lee"), confirming that the guardians of the Sara Lee brand continue to believe there is a time and place for the use of double negatives in branding.

In fact, Sara Lee owns several federal trademark registrations for the "Nobody Doesn’t Like Sara Lee" tag line covering a wide range of food items, including "rolls, pies, cakes, cheesecake, muffins, ice cream," "flavored mustards, sauces and mayonaises," "cheese," "bread, bagels and buns," "bakery goods," "processed meats," and "frozen prepared meat lasagna entrees."

Perhaps not surprisingly, I couldn’t find any other trademark on the entire USPTO database that included both of the terms "nobody" and "doesn’t." Given how unique and inherently awkward the phrase is, one might wonder whether substituting any term or other brand name for Sara Lee might avoid a likelihood of confusion with the original.Continue Reading Double Negatives in Branding: Nobody Doesn’t = Everybody Does?

It’s the last quarter of the year, and if you haven’t done your planning for 2010, I’ve got two things to say to you: 1) you’re late (you undoubtedly know that), and 2) you’re not alone.

But whether you’re in the middle of developing your 2010 plans, directing planning input from multiple sources, or reviewing plans for clarity and consistency, this blog’s for you.

Working with many different clients over the years, I have worked with many who have been given responsibility for planning who are not themselves trained strategic planners. This means that many of them have a limited understanding of the basics of strategic planning. Oh, they know their stuff and are often brilliant marketers, but some come from the technical side, some come from sales, some from communications – you get the picture. I will see the words “Objective”, “Goal”, “Strategy”, and “Tactic” used interchangeably. A stated “Mission” will have the hallmarks of “Vision”; a “Threat” is labeled a “Weakness”, etc. This makes me crazy, as these are all very different things, and they have very different meanings and functions.

In response I have prepared a primer of sorts that covers the basics of strategic planning terms and explanations for the many who are not trained strategic planners. I share its essence here, knowing that some of you will find this a tad didactic and below your level of operation. I would suggest that you can view this as a refresher. Overall I have the belief and fervent hope that others will certainly benefit from it.Continue Reading Getting Familiar With the Basics: A Planning Primer

–Dan Kelly, Attorney

Well, trademark types would do well to become familiar with SongLyrics.com, a searchable website that can be used to discover which songs contain brand or trademark references of interest. Why might they be of interest? Could be helpful evidence to show unsolicited media attention (assuming it isn’t paid placement) in building

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For the record, I love music, lots of different artists and musical styles: Bob Dylan to Aerosmith, Otis Redding to ElvisMontgomery 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

If you’ve been paying attention to the trademark front, you’ve probably heard that Oprah and Mutual of Omaha recently settled a small skirmish over the use of "aha moment."  The skirmish was apparently ignited by Mutual of Omaha’s attempt to register "Official Sponsor of the Aha Moment."  According to Oprah, she made the phrase