Category Archives: Trademarks

Oh Those Nutty Lawyers at Nutella

Lawyers for hazelnut spread company Nutella sent and then, upon social media pressure, rescinded, a cease and desist letter to a fan who had the nerve to set up  a World Nutella Day page on Facebook.  Attorneys for parent company Ferrero initially claimed that spread lover Sara Rosso’s Facebook page and accompanying “holiday” misused the Nutella brand.

The World Nutella Day Facebook page boasts over 40,000 likes.  Fans took to social media to support Rosso in her short-lived legal battle. Lawyers eventually learned a valuable non-legal lesson-that you can possibly win the battle and lose the war-and caved to digital pressure by withdrawing the letter.  They then thanked Rosso publicly for her support of the brand and said they consider themselves lucky to have such devoted Nutella followers.  They called the legal mishap “a routine brand defense procedure that was activated as a result of some misuse of the Nutella brand on the fan page,” according to Digiday.

Goes to show that the power of social media to sway corporations and branding decisions as strong as ever.  We will continue to report on such social media brand blunders as they happen.  Now where’s that Nutella?

 

It’s Pronounced JIF, Not GIF.

It seems like the use of Graphics Interchange Format or GIF technology has become all the rage lately in making animated looping six-second videos on Vine.  What we didn’t know was that this GIF technology was 25 years old and how to pronounce GIF in the first place.   Lingering questions about the correct pronunciation were answered earlier this week when the GIF creator won a Webby Award and said just the time-allotted five word acceptance speech of “It’s pronounced JIF, not GIF.”

A good brand creative and strategist knows when to strike when the iron is hot and peanut butter brand Jif knew exactly how to seize on this opportunity.  A simple tweet of “It’s pronounced Jif” caused so many Twitter users to engage the brand and Jif interacted with most every tweeter.  @BrettMyDude69 wrote that “@Jif has the best peanut butter. FACT.” to which the brand thanked him for being such a great f

“It’s pronounced jif.” – inventor of GIF “No, it’s not.” – inventor of the letter G,” wrote Brandon Hay.  ”It looks like the creator is choosy,” replied Jif, cheekily.

Well done, Jif!

http://www.cnn.com/2013/05/22/tech/web/pronounce-gif/index.html

http://mashable.com/2013/05/22/jif-gif/

The Term “Breastaurant” is Now Trademarked Territory

  

We wrote a blog piece last August entitled “The Rebranding of Hooters Breastaurant” and how the chain known for its owl logo (among other things) was looking to attract a younger and broader customer base including women as patrons rather than servers. We’ve now learned that a Texas based restaurant chain called Bikinis Bar and Grill has actually trademarked the term “breastaurant” with the United States Patent and Trademark Office as their own, according to an article on ABCNews.com.  What this technically means is that the company is the only one that can call itself legally by that term.

Bikinis has locations in Oklahoma, North Carolina and Texas.  In addition, the company purchased an abandoned town in Bankersmith, Texas off a Craigslist ad and has plans to turn the area into a seasonal tourist destination.  The town has been renamed Bikinis, Texas in honor of the chain.

Breastaurants are big (no pun intended) business in America reportedly bringing in $1 billion annually in revenues.  Other restaurants formerly part of the “breastaurant” genre include CANZaciti Roadhouse with four New York locations, Hooters with 460 U.S. restaurants, Tilted Kilt with restaurants in 25 U.S. states and two Canadian provinces and the aptly titled Twin Peaks with the motto “Eats. Drinks. Scenic Views.” with 32 established locations and 10 scheduled to open soon.

 

 

Oreo Slam Dunks It When It Comes to Social Media

In a prime example of how a brand should engage its followers on social media in real time, Kit-Kat quickly and intelligently challenged Oreo to a tic-tac-toe game when a self-proclaimed chocolate lover named LauraEllen tweeted that she likes chocolate so much that she was following both @Oreo and @Kit-Kat on Twitter.

Kit-Kat made the first move on the tic-tac-toe board by taking center spot and making an X out of two of its iconic chocolate covered wafers.  Oreo adeptly responded by eating most of the X and kindly tweeting the following: Sorry, @kitkat we couldn’t resist.

Kudos to Kit-Kat for being on the ball and responding quickly to @Laura_ellenxx’s posting and to Oreo for replying to Kit-Kat in real time. Double Stuff honors to Oreo for simply being the classiest sandwich cookie in praising its competitor in the chocolate arena.

Are Big Brands Using Ambush Marketing Techniques to Profit Off of March Madness?

Whether you call it ambush marketing, a smart advertising technique or a parasitic ploy, several big brands that are not official sponsors of the NCAA Men’s Basketball Championship are nonetheless profiting from it through referencing the series yet avoiding the use of trademarked terms, according to an article in USA Today.  It is estimated that a 30 second spot during the finals costs a hefty $1.4 million and that a top tier major sponsorship for the entire series runs approximately $35 million for the series.

To sidestep these significant costs, Hormel has launched a YouTube video for a character “Sir Can A Lot” who runs around in the spot talking about the “madness of March” with a basketball strategically placed on a counter to Sir Can A Lot’s left.  Pizza Hut is offering preregistered fans the chance to win a medium sized pizza with topping valued at $8 to those who predict which four teams will make it to the semi-finals.  (Note they do not mention the term “final four.” )  Hooters is also using this marketing technique to offer downloadable coupons during the duration of the games called Hooters Hooky.

“We decided to be the official sponsor for the passion of watching college basketball,” said Hooters marketing chief Dave Henninger to USA Today.

If trademarks aren’t unlawfully infringed, it sounds like pretty intelligent marketing to us.  What are your (original) thoughts?

Coca-Cola Wins Top Prize at Upcoming CLIO Awards

 

The CLIO Awards will honor the Coca-Cola Company as the inaugural Brand Icon Award winner at the upcoming awards ceremony on May 15 in New York City, according to an article on Adweek.  The newly created Brand Icon Award recognizes one brand yearly that is seen as a permanent fixture in popular culture.

Coca-Cola has certainly swept competitor Pepsi under the rug when it comes to social media dominance.  Coca-Cola has approximately 61.5 million Facebook fans while Pepsi claims only 9.5 million fans on the same social media network.  As a basis for comparison, Dr. Pepper has almost 15 million Facebook fans while Red Bull has almost 37 million fans.  Coca-Cola is the fourth ranked brand on Facebook followed only by Facebook, Facebook for Every Phone and YouTube.

“From its unmistakeable script logo to iconic polar bears to Mean Joe Greene, Coca-Cola marketers have successfully stitched the brand into the fabric of America as well as countries around the world,” according to the Adweek piece.  And who could ever forget how Coke “taught the world to sing in perfect harmony?”  We certainly can’t.

Congratulations Coke!  We are sure that corporate brass is drinking to another 127 years of beverage dominance.

http://fanpagelist.com/category/brands/

Taco Bell Uses Fans and Social Media to Make a Rock Concert “Mockumentary” at SXSW

In one of the most interesting brands and social media concepts to come out of the South by Southwest (SXSW )conference in Austin, Taco Bell sponsored a conference by the band Passion Pit last night and streamed the event live to an audience nationwide, according to an article on FoodBeast.com.

The frenzied fan fun, however, did not stop there.  Passion Pit aficionados utilized ”a camera switching app on Feedthebeat.com that gave fans several roaming and stationary cameras to sift through, along with displaying a slew of Tweets, Twitpics, Instagrams and Vine videos from fans at the show hash-tagging #feedthebeat,” according to the piece.  The fan chosen images will then be coupled with live video footage of the concert and woven into what director Sam Jones calls an “experiential fan-made rockumentary.”  The rockumentary is slated for release in Summer 2013.

Taco Bell’s Feed the Beat program gives artists on the rise $500 in Taco Bell gift cards and opportunities to appear in advertising campaigns and brand sponsored events.

Yo quiero Taco Bell!

Security For Brands on Social Media: Is it the Platform’s Responsibility to Provide Better Protection for Brands?

Burger King’s Twitter account was hacked over the President’s Day weekend and those involved switched BK’s logo for McDonald’s and posted false announcements including that the company who tells you to “have it your way” was sold to the Golden Arches.  Chrysler’s Jeep brand’s Twitter account was similarly hacked six days ago in that Cadillac’s logo replaced Jeep’s and erroneous information spread that Jeep was sold to Cadillac.  Moreover, a picture was posted online of a sedan painted with McDonald’s logos and colors, according to an article on Forbes.

In addition to the public relations crisis with Jeep, Chrysler also was subject to a second hacking incident where someone posted a four second video on Chrysler’s “Under the Pentastar” YouTube channel where an image of a Dodge Viper was superimposed onto video footage of the meteor that recently exploded in Russia, according to the same Forbes piece.  Other brands Twitter accounts including Donald Trump, NBC News and the controversial Westboro Baptist Church have fallen prey to similar hacking experiences.

All of these social media blunders makes one wonder who is manning the social media reins when it comes to big brands and their digital advertising platforms.  An informative article in today’s New York Times discusses the issue of security and social media platforms such as Twitter, where a company just as an individual can set up an account for free using a sole user name and password, but access more sophisticated, paid advertising tools.

Twitter earned $288.3 million in advertising revenues alone representing a whopping 90 percent of the company’s revenue, according to the NYT piece.  One would posit that shoring up security for brands would be the number one priority for the company that forced us to make comments in 140 characters or less.

In Twitter’s defense, the company has claimed that it has “manual and automatic controls in place to identify malicious content and fake accounts, but acknowledged that the practice was more art than science,” wrote the author of the NYT piece.  Moreover, Twitter asserted that it sued those responsible for the five most used spamming tools on the site.  That said, social media management companies such as Vancouver-based HootSuite that provide security for brands calls this latest spate of hacking a “huge liability” for big brands, although it can be a financial boon for the corporations that do sell social media security. Twitter did just add a protect that allows advertisers to create and manage ads through third party social media management companies including HootSuite and others.

The bottom line for these social media platforms is that if security isn’t significantly beefed up, and fast, you seriously risk losing profits and your bottom line.  And we wouldn’t be surprised if as this piece is posted, many a bored hacker is trying to figure out which major brand can be coopted and corrupted next.

Justin Timberlake is Back and Self-Promoting on Instagram; Other Big Name Acts Follow Suit

Much to the delight of throngs of female fans, Justin Timberlake performed two songs, “Suit & Tie” with rap impresario Jay-Z and a new release “Little Pusher Love Girl” at the 2013 Grammy Awards in Los Angeles on Feb. 10 after a four year hiatus on that stage.  And in a further attempt to promote “brand” Timberlake, the former ‘N Syncer joined Instagram that same evening and attracted 100,000 followers in just a 24 hour timeframe, according to an article on Mashable.  As of this writing, Timberlake has over 185,000 followers on the picture sharing site and his “team” has posted 22 photos using the Willow Instagram filter.

Brand Kelly Clarkson is searing hot right now between her rendition of “My Country, Tis of Thee” at President Barack Obama’s second inauguration last month and her 2013 Grammy for Best Pop Vocal Album.  She also joined Instagram last week  and has over 45,000 followers as of this writing.  Madonna relaunched her account and of her 10 posted photos, her most recent is a close up of her cleavage.  She can boast of an impressive 118,000 person following.

Apple Acquires Trademark from Harley Davidson

What links American business icons Harley Davidson and Apple? For an answer to this question look no further than Apple trademark applications 011399821/862. This week the EU Patent and Trademark office published the two trademark applications for “Lightning.”

Trademark filings usually don’t make for light reading. These applications, however, link two icons of American business and lend some clues to the future. Apple is using the term for its new “Lightning” charger, the new charger and connector for its iPhone 5. The trademarks had belonged to a lined of motorcycles once produced by Harley-Davidson owned Buell Motorcycle Company.

Apple insists the eight prong connector, which costs Apple users $30, is a necessary hardware upgrade. The merits of this assertion have been discussed on social media, but it’s a tribute to the brand that consumers have not rebelled. They have just grumbled a little and reached into their wallets.

There has been discussion on social media, however, on whether the brand has lost some of its luster since the passing of Steve Jobs. Does the iPad have what it takes to stand out in an increasingly crowded tablet market? What about the missteps and firings around Apple Maps?

Circle back to that trademark application. Apple’s purchase of the Lightning trademark also protects “television sets, games, computer game programs, eye glasses and eyeglass frames.” This has led CNNMoney to ask,  “Could Apple be planning an iTV, or glasses that include the Lightning connector?” The HuffPost asks, tongue partly in cheek, whether a co-branded Apple/Harley bike could be far off?