– Mark Prus, Principal, NameFlash
When a prospective client tells me that his/her product is “meant for everyone” I have to bite my tongue. You cannot target everyone. But that does not stop clients from trying to do so!
The main reason clients want to target everyone is because they do not want to eliminate
It’s no secret that the advertising industry relies heavily on physical appearance to sell products, especially for clothing, accessories, and even cheeseburgers. About a year ago, Brent (Lorentz, of the fellow Duets Blogger fame) discussed the prevalence of unrealistic expectations of beauty in advertising. As Brent mentioned, while ethical standards are applied to all
Simon Bennett, partner and Rachel Cook, associate Fox Williams LLP
Victoria’s Secret is likely to be feeling less than angelic following its recent defeat in the UK Courts. The problem? PINK. 
PINK is Victoria’s Secret’s entry level brand, aimed at attracting younger customers to Victoria’s Secret, who will ultimately graduate to PINK’s more grown up
It has been nearly a year since we posed the age-old question: Does this Pink Clash with My Pink? Okay, so it’s not that old of a question. In fact, most of you (readers) may not have ever considered the inquiry.
I guess I should clarify, by “clash with” I mean “infringe.” By “Pink” I
How important is the DREAM ANGELS brand to Victoria’s Secret?
Victoria’s Secret has a robust portfolio of federally-registered trademarks to protect the DREAM ANGELS sub-brand for undergarments and a line of personal care products and fragrances. Years ago, apparently Victoria’s Secret entered into a consent-to-use agreement with Airs International, a company that had rights in
When getting your wings might give you trouble from the one that gives you wings:
Looks like Red Bull — owner of federally-registered rights in Gives You Wings — is considering a trademark opposition to prevent registration of Get Your Wings by Victoria’s Secret.
Interesting and unlikely adversaries to say the least.
Any predictions
Tim’s post last week on the dispute between Victoria’s Secret PINK (a women’s lingerie and loungewear line) & Thomas Pink (predominantly known for its menswear line) reminded me of a Women’s Wear Daily article that I read regarding a trademark dispute involving Kate Spade New York’s new KATE SPADE SATURDAY brand, a more casual womenswear
Since May of 2013, a legal battle has been brewing between two fashion industry giants: Victoria’s Secret and Thomas Pink (owned by Louis Vuitton). Below are pictures of storefronts for the two companies:
Thomas Pink began as a U.K. company and is known for its menswear, primarily shirts, ties, and other dress clothes. Thomas Pink
—by David Mitchel, Vice President of Marketing at Norton Mitchel Marketing
Branding is an intricate and complicated process. Every aspect of the marketing mix must be handled with care. Brand managers watch their brands in the same manner that most parents care for a newborn child. However, there is an element of marketing communications that brand management teams are unable to directly control: pop culture references about the brands in what appear to be non product placement contexts. These pop culture references can come from both old and new media. They are often found in music, and frequently occur in the hip hop genre. In recent years, brands have been prominent parts of popular YouTube videos. As social media evolves, it has the potential to present new threats for brands. With regard to pop culture references, it is a challenging minefield that brands must negotiate carefully in order to prevent them from detracting from marketing strategy.
In 2003, hip hop artist 50 Cent became a huge sensation with the album “Get Rich or Die Tryin’”. One of the many hit songs from that album was “In Da Club”. Near the beginning of the song, the lyric “we gon’ sip Bacardi like it’s your birthday” appears. This is not the only time that the Bacardi brand has been mentioned in song lyrics, but it is certainly one of the more prominent references. In its advertising over the years, Bacardi has crafted an image of being a fun brand, as their ads often feature a party scene. This may have inspired 50 Cent to write the lyric in the way that he did. In the late 1990s and early 2000s, Bacardi featured a “Bacardi By Night” print advertising campaign. These ads clearly targeted individuals with serious jobs and emphasized that Bacardi was a part of their work-life balance. Additionally, Bacardi has also used their long standing and rich history as a selling proposition in advertising. Bacardi’s association with fun and partying may have attracted the hip hop element, as extravagant partying is a common theme of hip hop imagery. However, this association is tenuous at best and does not appear to be widely perceived. Bacardi has strongly withstood unsolicited pop culture references and its well refined marketing communication messages have helped to ensure that they remain the world’s largest spirits brand.Continue Reading Branding in Pop Culture: How Brands Avoid Negative Associations
If you’ve been paying attention on the trademark litigation front, you may have heard that The North Face recently brought a lawsuit against a freshman at the University of Missouri, Jimmy Winkelman, who has been selling clothing under the name The South Butt. Aside from the obvious trademark question of whether the consuming public
