Yeah, we usually mean this Apple, when we spill digital ink, not today, instead the edible varieties:

Hat tip to Erik Pelton who tweeted about the federal registration of LUDACRISP for fresh apples.

We know something about non-ludicrous trademark protection for apples > First Kiss and Rave.

They are newly minted brands

A picture is said to say a thousand words, and ironically that is almost literally and exactly true when it comes to Apple’s focus on non-verbal icon branding.

A week before the 4th of July, Apple filed these three non-verbal trademark applications:

A
B

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Look what the email spam filter snagged for the holidays:

As you may recall, this isn’t the first time we’ve seen iPad brand bait email solicitations. Back when they first appeared, the ownership of the iPad name was unsettled, but since then, it appears Apple has secured federal registration of the iPad brand name and trademark, at least, for a

–Dan Kelly, Attorney

In the past on these pages, I have been hard on Apple Inc. for apparent missteps in securing trademark rights to some of its more well-known products (iPhone, iPad).  Last week, Apple landed a victory on the domain name front, winning a Uniform Domain Name Dispute Resolution Procedure (“UDRP”)

–Susan Perera, Attorney

Well, it appears that yesterday’s guest blogger, Andrew Miller, and I are on the same wavelength as I also prepared some thoughts on the new iTunes Ping social networking platform. I guess such is the case in the world of social media where current events can be discussed ad nauseam in a

—Andrew Miller, Intern, Fast Horse Inc.

In terms of name recognition, PING is to golf what Louisville Slugger is to baseball, so you’re right if you found it odd Apple would name its new music-based social network, of all things, Ping.

Apple is no stranger to trademark litigation after wrangling with Cisco (“iPhone”) and

 —David Mitchel, Vice President of Norton Mitchel Marketing

Successful brands often find holes in markets that need to be filled. There are numerous examples to illustrate this point. Microsoft found a great niche in the computer software market and their success made Bill Gates one of the richest individuals on the planet. Apple’s iPod was a product innovation that really enhanced the company’s bottom line. In the 1980’s, Porsche expanded their line of sports cars into a new niche with the 944 and it helped save the company from bankruptcy. However, sometimes holes exist for a reason and they can’t be filled despite the best branding efforts.

The latest example to illustrate this is Devotion Vodka. Devotion Vodka is a protein based vodka. The protein used in Devotion is casein, the same type of protein found in dairy products. According to its website, Devotion is "the world’s first and only 80 proof, triple-distilled casein infused vodka made in the USA". Recently, Devotion announced that they signed Mike "The Situation" Sorrentino of "Jersey Shore" fame to be their spokesperson. Additionally, The Situation will have an equity stake in the company. I believe The Situation is a reasonably qualified spokesperson for this brand. The Situation likes to drink and party as evidenced by his actions on "Jersey Shore" and he is also a fitness enthusiast.

Despite the alignment between The Situation and Devotion Vodka, it is unlikely that this will be a successful brand. This is because the product concept is flawed. The vodka is aimed at a fitness oriented individual. However, vodka is not perceived as a fitness oriented beverage. Additionally, I believe that people will have a hard time understanding how casein protein fits into a hard alcohol product. If the product concept flaw wasn’t a convincing enough argument, consider Devotion’s pricing strategy. Devotion will enter the market similarly priced to Grey Goose. Grey Goose is a vodka brand that is well perceived and associated with quality. It also holds cachet with those who live a Jersey Shore style lifestyle, a target market for the Devotion brand. In a consumer purchase decision between Devotion and Grey Goose, the vast majority of consumers should choose Grey Goose because of its brand equity and stronger price-value proposition.


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