Part of the fun of trademark practice is its unique overlap with literature, art, science, culture, and psychology. Words and symbols are used as trademarks to identify sources of commercial goods; convey messages to consumers that go beyond their pure literal meaning; and, through a curious alchemy of psychology, repetition, aesthetic attraction, and cultural filtering, somehow evoke brand loyalty, leading consumers to open their wallets. Subtle, but powerful messaging animates buyer behavior.
However, if psychology and/or science were the sole driver of branding campaigns, a lot more marketers would stop trying to find the next catchy phrase or word—”Covfefe,” “Google,” “Yelp“—and instead focus on what subliminal force is most likely to create the strongest bond between the consumer and the manufacturer. Despite smell and sound being the more profound links to human feelings and motivations, marketers rarely do more than play at the edges of these forces—by using a jingle occasionally, for example.
Psychoacoustics and the Associations Created by Sound
We’ve all experienced the sensation of hearing a piece of music, or even a familiar sound, and having it transport us back in time to some experience from our youth. When it happens, … Keep reading
If you work in marketing, you know what a “brand refresh” is, and how it differs from a “brand relaunch.” Both can be equal parts perilously challenging and thrilling. And both can serve useful purposes, both in reminding customers about a product’s continued existence, and in introducing a product to a new audience as a way of increasing market share.
Legally, most trademark lawyers will face brand refreshes and rebrands with some skepticism. Our traditional view, predicated on legal principles, is that trademarks are easier to enforce and maintain if nothing changes and the branding remains utterly consistent. Making changes that undermine consistency of use can result (albeit rarely) in a loss of rights, or at least a loss in priority. But a skillful refresh is marvelous, not just because it can manage to maintain the tradition (and enforceability) of the original brand, but because seemingly subtle changes to branding can result in profound and novel messages to consumers.
Depending on scope and goals, the result of a refresh can be akin to renovating your house. You might add a new kitchen or a fresh coat of paint, and suddenly something that seemed tired is reborn and reinvigorated. … Keep reading
… and “How a Doll Can Help Teach Networking to the Next Generation of Trademark Lawyers”
Dateline: May 2, 2015, San Diego, CA. The International Trademark Association (INTA) has just launched its annual ginormous conference here in “America’s Finest City.” My colleagues back at the office feign jealousy that we are in San Diego on a ‘junket.’ But the truth is, this five day mega-networking meeting presents tremendous challenges.
The opportunity beckons: Come and network with 10,000 of your colleagues (some of whom are your competitors!). Highlight your talents and skills! Be erudite, witty, knowledgeable, magnetic and fun, all while running (really, literally, running) from venue to venue meeting as many people as you can, current and potential clients and colleagues for about 18 hours a day for 5 days straight…
It’s grueling. It requires a plan, a steely yet warm exterior, and boundless energy. Without a plan, it can feel like you are back on the playground egging to get picked for someone’s team and wondering what you need to do to get in the game.
While 10,000 potential targets is obviously a daunting number, INTA tries to reduce the intimidation by helping young practitioners learn … Keep reading
Trademark owners are in the midst of another ‘think’ about the best way to protect and preserve their reputations online. Specifically, beginning on March 30, 2015 the Sunrise Period opened for brand owners to fork over $2499 for domain names that end in .sucks. This $2499 payment is necessary annually to keep yourbrand.sucks from the clutches of an unhappy customer who might use it to make a career out of publishing any material they wish (fair, unfair or otherwise) about your company, or if you are celebrity – about your performance or personal life. To add insult to this expensive injury, after the end of the Sunrise Period, pretty much anyone (other than the brand owner) can pick up the same domains for $9.99 making the barrier to entry for complainants rather low.
As reported by The World Trademark Review and others, the CEO of .sucks registrar Vox Populi, John Berard, claims that intent of the apparently inapt pricing scheme is to encourage brand owners to engage with consumers. By making the price high, there will be less warehousing of domains and some brand domains will find their way into the hands of people who will … Keep reading