–Susan Perera, Attorney

Just announced yesterday, Minneapolis based Malt-O-Meal has changed its name to MOM Brands.

Malt-O-Meal which has been making cereal for almost a century, manufactures private label brands for a multitude of grocery retailers (as well as their own lines of hot and cold cereal and oatmeal) and today stands as one of

–Susan Perera, Attorney

Last year I had a running discussion on color trademarks.  I blogged about the issues surrounding the protection of a color as a non-traditional trademark, the impact of industries clustering around a particular color, and the concern that functionality may impede protection of a color trademark.  Need a refresher? Check here,

—Mark Prus, Marketing Consultant at NameFlashSM

In my NameFlashSM name development business, I sometimes get asked by clients, “Should I change my brand name?” From a purely selfish standpoint my answer should be “YES!” because I get paid to generate names! But the reality is that there are times when you should not

by James Mahoney, Creative director/writer at Razor’s Edge Communications

What does a 42-year-old military offensive have to do with branding and social media? Quite a bit, as it happens. Consider four seemingly unrelated situations:

First, clothing purveyor Gap experienced an alleged misadventure recently when it unveiled a "new logo" on its website, only to reinstate the old logo a week later in the face of withering online vilification.

Second, Tropicana experienced a real misadventure when the company jettisoned its venerable and valuable "straw in an orange" for a new look and identity. That disastrous move was reversed in the face of actual withering response: a precipitous sales drop that validated the hue and cry.

Third, a few years ago, The Wall Street Journal revamped its look and feel. As change like this always does, this generated initial resistance in the readership, who had to recalibrate their familiarity with the paper. But the change was durable and the transition period short. Since then, the WSJ has continued to successfully tinker with the design and content.

Fourth, history students, and those of us old enough, will be familiar with the 1968 Tet Offensive of the Vietnam War. For others, here’s a brief description: At a critical moment in that war, the North Vietnamese launched simultaneous attacks across South Vietnam during the normal New Year’s armistice. While the offensive was a resounding and crippling military defeat for North Vietnam*, it was perceived as a convincing victory for them by the American public, whose only points of reference were frightening scenes of bloody combat in near-realtime on our living room TVs, and commentary in the media.

So, what’s the connection? All four were abrupt events that dislocated a status quo. All four involved branding and media, social and otherwise. Two were successful; two weren’t.


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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

Gatorade’s efforts to re-brand as “G” have been a dismal failure. It seems as if the brand management staff at Gatorade consumed a few too many cold beverages while making this decision, and I’m not referring to refrigerated Gatorades.

The history of the G re-brand has its roots in 2007. Unit sales were flat in 2007 compared with 2006, after three years of double digit growth, according to market research firm Information Resources Inc (IRI). More poor results followed in 2008 despite product innovations and brand revitalization efforts (here and here).  In January 2009, Gatorade started the G re-brand. The G re-brand has done nothing to improve Gatorade’s bottom line. In fact, it has harmed the bottom line.

The decision to modify a brand name should not be taken lightly. A brand name communicates the essence of the brand to consumers. According to Rick Baer, Professor of Marketing at Thunderbird School of Global Management and former Global Brand Manager with Colgate-Palmolive and Dial Corporation, a brand name “should conjure up all the associations and images you want for your brand”. Does G accomplish that? The answer is a resounding no.


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