Disparagement

As many anxiously await the Trademark Trial and Appeal Board’s (TTAB) decision in Blackhorse v. Pro Football, Inc., a trademark cancellation action seeking to revoke six federal service mark registrations containing the R-Word (issued between 1967 and 1990), the pressure is mounting for the NFL team located near our Nation’s Capital to stop

One 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 his successful franchised restaurant business to more than 1,000 locations in 38 states, including many in Minnesota.

And, I’m guessing most of you haven’t encountered the logo on the right, so, hat tip to Ed, who guessed right that it would capture my interest. Apparently, a second generation family business called Jimmy’s Johnnys was founded in the northern suburbs of St. Paul, Minnesota, four years before Jimmy John’s came into existence, all the way back in 1979.

Branding conflict? Trademark problem? Antitrust problem via brand extension and vertical integration (for tongue-in-cheek reasons that will become more apparent far, far below)?

Need more information?

What if Jimmy’s Johnnys isn’t selling sandwiches at all, but assuming its position in the food chain, by helping dispose of them, through this business (answer below the jump):Continue Reading And, Here’s . . . Jimmy’s Johnnys

"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 they are associated with personal injury lawyers, who probably "suk" even more than trademark lawyers (who merely have been dubbed the most basic figure), right?

Well, using Dan’s post from Friday, as a catapult (or, perhaps a hole-digger) for discussion, I’m thinking the jury is still out on 3 being the magic number, at least as it pertains to the 3 letters forming a rather rare surname (Suk) and the same number of words forming a curious (and hopefully misdescriptive) law firm name (Suk Law Firm), so, sorry Dan, I’m not sure there is any way to pull a rabbit out of the hat on this troubled tripartite branding combination:

Seeing the signage here, I’m thinking that any new or temporary receptionists at this law firm automatically require more intense phonetic training than your average law firm receptionist. In fact, this little gem (hat tip and photo credit to Max) probably rivals those spotted by Mark Prus in his recent guest post entitled: "Name Development Faux Pas, a.k.a. What Were They Thinking?!"

Ironically, the tagline for the Suk Law Firm is composed of these 3 words too: "Think About It."

So, I’m assuming they followed their own advice and did, but nevertheless, it probably came down the same way the Drury Inns name did, since the surnames in question no doubt have a great deal of goodwill associated with and emotional attachment to their founders. Might a naming consultant, nevertheless have said, forgetaboutit?

In any event, one of the things I’d be inclined to think about is how the brand name might sound when spoken, especially in a world where word-of-mouth marketing is key, and also how it might be perceived by those in the relevant public, given the possible truncation from its four-letter cousin. Apparently Suk, when the surname meaning is intended, sounds like "cook" or "book," not "pluck" or "stuck." Oh, the things phonetic punctuation symbols can and should be used to do, to help guide the intended meaning by signaling long and short vowel sounds! 

On a related note, it reminds me of the unintended meanings that can result when critical spacing is omitted, as was the case, between the branded words "LA  MER" to yield LAMER.

Although mispronouncing the Suk surname may be bad enough, when one examines the derivation of the name, it doesn’t appear to improve much on the meaning front either, since Suk apparently is not only a nickname for a "powerful, unyielding man," but also a "stubborn, awkward one". Hmmm, it’s all beginning to make sense now.

For those with any modicum of lingering interest, the Trademark Office’s treatment of SUK appears below the jump.Continue Reading Tripartite Branding Trouble: The Name is Suk?

Today, the U.S. Supreme Court declined to hear the requested appeal of Harjo v. Pro-Football, Inc., the nearly two-decade old trademark case seeking cancellation of the U.S. Trademark Registrations owned by the NFL franchise in the Nation’s Capitol. In doing so, the highest Court in the land, has permitted the laches ruling to stand. Basically, permitting dismissal of the action given

Back in May, I wrote a piece entitled “Re-Branding Madness in Washington” Overlooks Obvious: The Washington Redskins,” discussing the trademark cancellation action that I filed on behalf of seven prominent Native American leaders back in September 1992 (Harjo et al v. Pro-Football, Inc.), and calling for the football team to “hire a branding 

Re-branding occurs all the time.

Re-branding occurs in business. Remember when Bell Atlantic became Verizon? Andersen Consulting became Accenture? How about when Philip Morris became Altria?

Re-branding occurs in politics too. Just days ago, Judson Berger discussed a kind of “re-branding madness” consuming Washington, D.C. right now: “Terrorist attack is out. — ‘man caused disaster’ is in.” Our friends at Catchword Branding had a lot of fun with the political re-branding of Swine Flu.

Re-branding even occurs in the world of professional sports. Remember when the NBA franchise Washington Bullets became the Washington Wizards in 1997 out of concern that the Bullets name of some twenty-three years (1974-1997) had acquired “violent overtones”.  How about the recent re-branding from the Seattle Supersonics to the Oklahoma City Thunder? Even the NFL has decided to recognize Cincinnati Bengal Chad Johnson’s re-branding to Ocho Cinco.

Re-branding changes, according to Wikipedia, are “usually in an attempt to distance [the brand] from certain negative connotations of the previous branding.” So, given the widespread meaning and understanding of “redskin” as “offensive slang” and that it is “used as a disparaging term for a Native American,” given the pain the term has caused, and given that the team’s helmets sport a Native American profile and not a certain variety of spud on them, why won’t the Washington Redskins get on the re-branding bandwagon in our nation’s capital? After all, even one of the attorneys at the same law firm hired by the team apparently has spoken out, read about the details here.Continue Reading “Re-Branding Madness in Washington” Overlooks Obvious: The Washington Redskins