Eating more isn’t necessarily a bad thing. Yeah, I saw the documentary Super Size Me; admittedly, I haven’t viewed certain fast food the same way since, but it all depends on what it is you’re eating, right? Common sense dictates that if it’s good for us, we should eat more of it. Indeed, 

The Blake Project did a nice post yesterday on their Branding Strategy Insider blog, sharing insights about effective taglines that “communicate the brand’s ‘unique value proposition’ powerfully, succinctly, and memorably,” I’d encourage you to check it out, here.

I couldn’t help but notice there was only one fast food restaurant tagline on their list

"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.


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Spring is in the air (at least here in Minneapolis) and so are some fresh examples of look-for advertising that actually avoid the use of those straitjacket words.

As we have discussed before, look-for advertising is a powerful tool in developing non-traditional trademark rights in subject matter such as single color marks. Dan discussed it here

Last week we blogged about the dreaded D-Word and how some marketers unwittingly undermine trademark rights in a brand name by explaining that the name "describes" or is "descriptive" of the goods or services sold under the brand.

We also have blogged about the danger of "taking a suggestive name, mark, or tag-line, and using it descriptively in

A couple of hours ago Kare 11 News in Minneapolis reported "Lions Tap wins settlement with McDonalds."

Absolutely no details about the settlement were provided, so it’s hard to understand how Kare 11 is able to pronounce this as a "win" for Lion’s Tap over McDonalds, although it certainly plays into the seductive David and Goliath

As promised, here are some additional thoughts (beyond the very frank and practical non-legal advice already shared by Jason Voiovich) about Lion’s Tap’s trademark infringement case against McDonald’s over the “Who’s Your Patty?” slogan.

Here’s the multi-million dollar question: What did McDonald’s know and when did they know it? Those are questions likely

Taglines and advertising slogans can be wonderful branding and marketing tools, but I’m thinking (not Arby’s, by the way) that McDonald’s is probably not thinkin’ that its (likely) famous I’m lovin’ it tagline accurately describes its taste for the federal trademark infringement lawsuit that Twin Cities-based Lion’s Tap recently slapped on McDonald’s for its whopper of an advertising campaign — promoting its new Angus Third Pounders — served up with the clever and simple play-on-words advertising slogan and question: Who’s Your Patty?

No doubt, McDonald’s likely will not make a run for the border, instead, it likely will instruct its team of lawyers to think outside the bun in designing a successful legal defense and response strategy, in the hope of not hearing the court say to Lion’s Tap in the end, have it your way.

For your reading pleasure, here is a pdf copy of the complaint filed last Friday in Minnesota federal district court. As you will see from the Minnesota State Who’s Your Patty? Certificate of Registration (attached to the filed complaint), Lion’s Tap waited to register its claimed mark in Minnesota until August 18, 2009, ten days before filing suit. As a result, Lion’s Tap clearly did not register the tagline “four years ago,” or back in 2005 (the year it claims to have commenced use), as incorrectly reported ad nauseam, here, here, here, here, here, here, here, here, and here. Well, at least a couple of the media outlets covering the story avoided the mistake, and got the registration date right.

So, why is the date of registration significant? If McDonald’s didn’t know about Lion’s Tap’s use before rolling out its own use of “Who’s Your Patty?” — an entirely plausible scenario, since the mark was not registered, even in Minnesota, until well after and apparently in response to McDonald’s already commenced use — it starts to look like a much different case for Lion’s Tap (more un-Hamburglar-like), for reasons I’ll explain later.


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— Karen Brennan, Attorney

Mars recently introduced a new candy bar, Fling, marketed exclusively to women, advertised as “an un-regrettably indulgent new product for women”.  The website is predominantly pink and is littered with very stereo-typical one-liners meant to be sexy such as “you never know when you’ll want to have a Fling” and