As Steve blogged earlier this week, we’ve had a lot of “zero” on the mind lately—marks related to the word and numeral. It got me thinking about the letter ‘O,’ especially since it has been in recent trademark news.

If you missed it, The Ohio State University and Oklahoma State University are now

Trademark Infringement is a sticky subject online. Our first blog talked about Twitter and trademark infringement and today I want to address trademark infringement in relation to affiliate marketing

Affiliate Marketing is a process that rewards a blog or website for every customer that is brought to the company (the affiliate) that blog or website is promoting. The goal of the affiliate marketer is to bring visitors to the affiliate’s website in efforts to sell the affiliate’s products or services. Affiliate marketers will try numerous things in efforts to market these products or services in efforts to make money. In the past there have been lawsuits brought against marketers like this due to improper claims they were making about a product or service, who endorsed it, and if it worked. 

In August, a complaint like this was filed against not only the affiliate marketers but the affiliate as well. The claim is that the affiliate should be monitoring any and every marketing vehicle and message that is used in relation to its product.


Continue Reading

Cadbury Adams, a Cadbury Schweppes Company

My recent family road trip through the heartland had me spending more time than usual pumping gas and shopping in convenience stores, so a few chewing gum brands “gone single letter” caught my eye. As you may recall, I already have reported on Single Letter Envy in Hotel Branding. Well, it appears that the quest for single or one-letter brands is not limited to the hospitality industry (let alone others I’m sure to write about in the future), but has “stretched” to the confectionery industry too.

Turns out, both single letter gum brands that caught my eye are owned by the same company, Cadbury-Adams, part of “Cadbury plc – a leading global confectionery business with the number one or number two position in over 20 of the world’s 50 largest confectionery markets.”

Yes, Cadbury Adams has migrated from its long-lasting Bubblicious brand name (having equal style for each letter) to a differently styled beginning B in Bubblicious, and most recently, to the letter B, standing alone, front and center on packaging; fully-truncated to B, as shown above. So, in our ever-abbreviated and truncated branding world, where G now means Gatorade (among other things, as a previously blogged about here), B now apparently means Bubblicious, and S now means Stride (another Cadbury Adams chewing gum brand). Might care be in order to avoid having these two brands appear side by side on store shelves — at least in the order appearing above — to avoid some unintended combined meaning of the brands? Perhaps one of the “sticky” consequences of single letter brands is the temptation others may have to spell alternate and unfavorable words and acronyms with them.

As you might imagine, confronting these single letter brands raises a number of questions in need of some answers. For example, are single or one-letter brands for chewing and bubble gum, just the latest flavor trend, or are they here to stay? Why are they currently so appealing, at least to Cadbury Adams? Are there other single letter gum brands in the marketplace, or just B S? Lastly, what are some of the legal ramifications of branding single letters for confectioners?

I’ll leave the first two questions for others to chew on — especially marketers, but I’ll take a crack at the second two.


Continue Reading

A lot can be learned about personal branding from Winnie the Pooh & Friends:

Many years ago we had a family friend who believed she was able to simplify anyone she encountered into a character from Winnie the Pooh & Friends. He’s a real Tigger, so impulsive. She’s a Piglet, such a worry-wort. He’s so Rabbit, a regular self-proclaimed know-it-all. She is so curiously Roo! What a hard-working Gopher! She is as loyal a friend as Pooh. Could he be any more gloomy? Such an Eeyore! And on and on. By the way, as you may have guessed, she was a real Tigger, bouncy, impulsive, and more than a bit annoying, at times. Honestly, I don’t recall who she pegged me to be.

Anyway, I had totally forgotten these memories until I recently agreed to speak about Personal Branding and Trademarks at an Annual Paralegal Convention, where the overall convention theme was “Maximize Your Marketability,” and for some reason, they came rushing back to me.

Why? I suppose, because Pooh, Tigger, Piglet, Roo, and Eeyore are not only copyrighted fictional characters, but they also are protectable trademarks (and at least Pooh, Tigger, and Roo are the subject of a pending trademark opposition proceeding between Disney and Stephen Slesinger, Inc.), and perhaps most importantly, they all represent personal branding caricatures too.

Now, I’m not one to believe in the existence of single-dimension people. Near as I can tell, most of us share multiple characteristics from multiple Pooh & Friends characters among many others. Having said that, for what its worth, my two cents on the subject of Personal Branding is that if you’re not careful, thoughtful, and intentional about building and cultivating a multi-dimensional personal brand, you run the risk of being unfairly reduced to a one-dimensional caricature with no reach or respect beyond your most dominant skill or personality trait.

In other words, if your sky is always falling with Piglet-style worries that never come true, it will be hard for anyone to take your concerns seriously, even when they are Christopher Robin legitimate. Perhaps Chicken Little is a distant Disney cousin and The Boy Who Cried Wolf a distant Aesop cousin of “a very small animal” named Piglet.


Continue Reading

— Karen Brennan, Attorney

While on maternity leave, I watched a lot of daytime television. From this experience a learned a few things.   First, I am incredibly happy I didn’t discover A Baby Story until after I had given birth. Second, whatever Oprah mentions turns to gold.

Oprah’s marketing power comes as no surprise to