Posts Tagged: "branding"

Engagement in proactive IP litigation by global companies is the bedrock of trademark enforcement, and Adidas is no stranger to this strategy. Since 2008, this athleisure accessories manufacturer has consistently protected its intellectual property by signing over 200 settlement agreements and fighting more than 90 court battles. Most recently, on  January 12, 2023, Adidas’s efforts to sue Thom Browne Inc., a Zegna subsidiary, for trademark infringement of its ‘three-stripes logo’ was foiled. The damages claim of around $7.8 million, or £6.4 million, backfired on the German sportswear giant when it was denied by an eight-person Manhattan jury.

Trust and estate attorneys regularly advise their clients to enter into prenuptial agreements to protect the valuable assets each spouse brings to the marriage as well as how to distribute community property in the event of a divorce. Brand collaborations with celebrities, influencers or other brands are much like marriages, but brand collaborations are even more unlikely to last. Why not plan for the split, whether it be a conscious uncoupling or a Page 6 kind of divorce, with a prenup? The high profile split between Adidas and Ye (fka Kanye West) reminds us that collaboration agreements should not only plan for the best of times, but it is worth setting up the agreement to account for a sudden and troubling end.   

From consumer goods to cutting-edge industries like blockchain and crypto, consumers want more environmentally-friendly solutions. And advertisers, in response, are rushing to tout their sustainability-focused corporate missions and product solutions. In recent decisions, Butterball, Georgia-Pacific, and Everlane, the National Advertising Division (NAD) of BBB National Programs provided useful and detailed guidance on how advertisers can support sustainability claims and avoid making unqualified general environmental benefit claims that could mislead consumers. In addition to marketing lawyers, brand owners and trademark counsel alike should also be on the lookout for overreaching environmental marketing claims.

Most people associate the Consolidated Appropriations Act of 2020 with its COVID relief and stimulus measures, rather than trademarks. While these measures are of course the primary focus of the Act, its changes to the process of registering, maintaining, and enforcing trademarks are likewise important for companies that rely on their branding to achieve their business goals. The Trademark Modernization Act, which is one of many acts included in the Consolidated Appropriations Act, makes several significant changes to the Lanham Act (aka the Trademark Act) which many trademark holders may find beneficial.

To do business in Africa, it is important to understand how African countries conduct trade and commerce among themselves and with the rest of the world. Specifically, IP right holders navigating the continent would be better served by an informed economic roadmap into the continent. A proper understanding of the business terrain and IP regimes becomes important for global brands looking to pitch their tent in Africa. This article focuses on West Africa and will inform international investors and global brands about the market and the interplay between trade, commerce and IP. It also proffers solutions to key concerns that can derail the commercial interest in the region.

The Washington Football Team’s (formerly the Washington Redskins’) move to change its name and logo has sparked a flurry of fans looking to “cash in” as national retailers pull the team’s merchandise off their shelves. Fans everywhere are hoping to snatch up any remaining Redskins-branded memorabilia they think may be worth money someday, which in turn is putting them at risk of purchasing knockoff items. Advancements in technology have made it harder to discern between what’s fake and what’s authentic, and the rush to find Redskins gear may make things worse as fans make snap-purchasing decisions and accidentally buy a knockoff item. 

The value of your company’s intellectual property cannot be understated, particularly in the current economic climate. But this should not be news to you, especially if you are in the business of displaying your brand name or logo on merchandise for sale. In that case, you know how important it is to protect your trademarks, so as to thwart the attempts of opportunistic parties that seize upon your IP for their own profit. Case in point: online companies selling apparel featuring the names, logos, and even mascots of high schools and colleges nationwide without any prior authorization to do so. How do businesses like these get away with what seems to be a fundamentally illegal business model—selling knockoff hoodies, tees, and similar spirit wear?

Branding goes beyond thinking about a catchy name and color scheme to compose the trademark that will represent the company’s products or services. Today, more than ever, it is imperative to consider the values that the brand communicates because consumers and even commercial partners seek to associate with companies with shared values. Poor branding decisions can be costly in terms of reputation, reduced profits and forfeited commercial partnerships.

After decades of legal battles in which they ultimately succeeded in maintaining the legal right to federal trademark registration of the “REDSKINS” moniker—through the separate efforts of an Asian band by the name of “The Slants”—Washington, D.C.’s National Football League (NFL) team finally succumbed to pressure to change their name. Faced with the immediate prospect of losing $45 million from a stadium naming rights deal with Federal Express, on July 13, 2020, the team announced it would have a new name and logo. Still to come: the new name and logo.

As a branding and marketing professional, I really enjoy seeing how advertising has evolved over the years. Gone are the days of boring, ho-hum advertising campaigns. With modern technology such as DVRs, consumers no longer have to sit through commercials, if they don’t want to. Through the widespread reach of the Internet and social media platforms such as YouTube and Facebook, not to mention the ever popular, highly anticipated and super expensive Super Bowl commercials, advertising campaigns have had to become more creative and fun to catch the attention of their target consumers. Now more than ever, I find that, not only are people not fast forwarding through commercials, but they are looking forward to when their favorites air, so they can share them with others. At least that’s how it is in the Quinn household! Quite some time ago, I wrote about The Most Notable, and Sometimes Creepy, Restaurant Mascots, Characters, and Personalities. So, this time I thought I’d focus on a different type of Brand Mascot, aka real people, and highlight the top five advertising personalities within the insurance service industry. Not only are these brand personalities played by real people, but they have story lines that are so funny and memorable that you often hear people talking about them with their friends. Again, I know we do in my family. So, without further ado, here are my choices for some of the most creative, memorable and often downright comedic insurance company brand personalities, both old and new.

Facebook is being sued by online banking company, Finco Services, Inc., which operates as Current, for trademark infringement, unfair competition, and false designation of origin relating to Facebook’s controversial subsidiary, Calibra, which plans to launch the digital currency Libra by 2020. Current’s complaint, filed in the U.S. District Court for the Southern District of New York on October 10, says that the company hired Character, a branding and design agency, in 2016 to develop a logo and branding strategy for Current’s banking services and mobile app. The resulting logo, and iterations thereof, have been used by the company since at least as early as 2016.

The rate of digital transformation within the business world is unstoppable. Of course, transformation of this kind can deliver numerous benefits, but it is also leading to an increase in illicit counterfeit activity. Almost half (47%) of all brands are losing revenue due to counterfeiting while four out often organizations have experienced an increase in the occurrence of counterfeiting and brand infringement. This has, more often than not, originated from a variety of components related to digital transformation on a global scale, including but not being limited to: advances in social media (61%); chat/messaging (52%); artificial intelligence (51%); the dark web (48%), and augmented reality (47%).

Consumers driving the Wellness industry seek more than just a clothing company, a new workout, or a healthy alternative to the standard lunchtime sandwich – they value brand integrity and want to build relationships with brands that align with the lifestyle they aspire towards. This means Wellness companies should have a solid brand protection strategy in place from the outset. Ideally one that is capable of scaling with your international ambitions, and which can help prioritize spending, save resources and attract investors. Early-stage checks on trademarks, designs and domain names are essential to ensure your business can trade with confidence.

Not all trademarks are created equal. While every state allows you to obtain a trademark registration, a federal trademark registration provides the greatest rights. This is because when you obtain a United States federal trademark your rights will exist throughout the country, and not just in one particular geographic locality. With a state trademark you obtain rights to your immediate geographical area only, not the entire state, which is an important consideration… This does not, however, mean that state trademarks are useless. It does mean that you should not only obtain a state trademark.