Allison Frederick

When a product brand hits a home run, the rest of us sit by the sidelines with envy, our own product brand lingering as a single hitter or in the strike out zone.

A predacious marketer working on the “LG Strawberry and Black Cherry phone” campaign authorized the names of the new phones to be remarkably similar to the famous “Chocolate phones” produced by a competing phone manufacturer (RIM- who manufactures Blackberry phones). RIM decided that the consumer would be too confused by the Strawberry phone and the Black Cherry phone, thinking that it was related to their Chocolate phone. RIM sued for trademark infringement.

Marketing Challenge
It is tougher to be creative and unique in the global economy. So many people have already thought of your idea or name; whereas before you might have gotten away with it, today, with Internet and international selling being a breeze, copying your competition too closely can take you to court.

Many of us have been in brainstorming sessions where we analyze our competition and try to figure out why they are doing so well. We often linger on the competition’s brand name or marketing message, using their trademarked brand as a launching pad for our own creative suggestions. After all, their brand is tested and the public approves. But trying to stay too close to your competition’s marketing messages can be risky.

The Trademark Problem
As we know, trademarks serve to protect the consumer. Will they be confused by a brand? If someone goes into their local phone store and sees a phone called “Strawberry” or “Black Cherry” will they conclude that it is in the same family or phone line as the “Chocolate” phones? It seems pretty obvious that most of us would be confused. The number one rule when naming your product or company is to ask yourself whether you think a customer would easily confuse your name with your competition. If the answer is “yes,” then promptly abort that name and go back to the drawing board.