In through the outfield

5 September 2011

How to revive a brand

On the way home from a recent road trip to Scotland, I made a ‘pit-stop’ at a McDonalds restaurant near Birmingham.

I’m not a regular customer at the ‘golden arches’, so was very surprised to discover a waterless urinal
with a sticker on it saying it saved 100,000 litres of water a year.

This is all part of McDonalds’ efforts to combat the negative press that has built up over the years. In particular the reaction to ‘McLibel’ case and reaction to the 1994 documentary film Super Size Me by Morgan Spurlock.

McDonalds have created a website to allow you to Make up your own mind, which currently contains 24,000 questions and answers:

Your Questions
A dedicated Make Up Your Own Mind team from across McDonald’s is working hard to answer your questions. You can ask whatever you want, and we aim to answer even the toughest question within two weeks in an honest and straight-talking fashion. The ‘Questions & Answers’ can be searched either by keyword or by sub-sections – this should help you find the information you’re looking for.

The website also includes reports from their Quality Scouts.

What is a Quality Scout?
Quality Scouts are members of the general public from around the UK who are curious about McDonald’s business. They are not paid, and have no ties to the company. All they do is take an honest, behind the scenes look at McDonald’s and report back. And they’ll tell you exactly what they hear and see.

I have to say I am impressed by their efforts, but wonder what it will take to change public opinion.

Two examples spring to mind:

Fiat cars of the 1970’s, which became notorious for their rust problems.

In response they built the Tipo in the 1980’s (a car I owned), and gave it a fully galvanised body, giving it better rust protection than almost any other car on the market. However, it took many years for their ‘rust bucket’ reputation to disappear.

A more recent (if fictitious) example is from The Archers radio show where an outbreak of E. coli, has resulted in regular customers deserting Ambridge Organics, despite having been given the all clear several weeks ago.

24 August 2011

A Land Rover for all seasons

Land_Rover_Defender_Serengeti — The actual Defender that took us through the Serengeti

As regular readers of this blog will know, I am interested in niche products and markets. Previous examples include A cake slice with a musical difference and Luxury foods in terribly bad taste.

Driving to my parents house the other day, I notice an unusual garage by the side of the road in shape of a thatched house (The Thatched Garage). Even more surprising was the extent of the niche of their shiny objects filling the forecourt. Not just off road vehicles, or even just Land Rovers… they only sell the Defender model of Land Rover.

However, they have been doing very well thank you occupying this tiny niche for over twenty years.

Having recently spent two weeks on safari in Tanzania, I have new found admiration for the sturdiness and off-road capability of this particular product of the Land Rover factory. After hours of pummeling on corrugated and rocky roads, I fully expected the vehicle to start shaking itself to pieces. But our driver had spent ten years driving the same car, and explained that all it needed was a thorough service after each adventure to be as good as new.

15 August 2011

History in an Hour – another of our Success Stories

After my post Here’s one we helped earlier – Seasoned culinary courses, I’ve heard from another client of the Business & IP Centre who has gone on to great success.

Even better, History in an Hour is the brainchild of a librarian.

Rupert Colley had the idea ten years ago, but with the encouragement of his partner Annabel and help from the Business & IP Centre, he finally made a success of it.

The value of the idea has now been recognised by international publishing house Harper Collins, who recently purchased the e-book series from the Rupert.

Annabel kindly sent me a note saying;

“… had it not been for the Business & IP Centre, I wouldn’t have had the idea or the confidence to know where to start in registering a trademark for “In An Hour”, which meant that this became also an asset purchase, not just a straight multi-book licensing deal.”

Rupert also sent me a note to say they are having a summer sale. For the month of August 2011 only, the apps are 69p – iBooks 49p – Nook 99c and Kindle 98p or less.

HarperCollins Signs History in an Hour Ebook Series

In a major new acquisition HarperCollins has purchased the History in an Hour e-book series from the company founder and author Rupert Colley. The deal was set up by Scott Pack and the books will be published by Arabella Pike at HarperPress.

History in an Hour is a series of e-books and apps that summarise key areas of world history in digest form, with each title taking no more than sixty minutes to read. From World War Two to Black History, from American Civil War to the Reformation, History in an Hour titles have been a permanent fixture in the Apple bestseller lists since September 2010, often with 3 titles in the top ten or five in the top twenty. They recently came out on Kindle as well. The History in an Hour website and blog can be found at: www.historyinanhour.com

Scott Pack says: “When I saw these e-books topping the Apple iBooks charts I was intrigued as I was pretty sure they weren’t from a major publisher. I downloaded one and was really impressed, it did exactly as it promised. I was amazed to discover that they were all the work of a librarian from Enfield creating them in his spare room. I was determined to snap them up before anyone else did.”

Rupert Colley comments: “History is fascinating but it can also be daunting – huge books, a huge choice and endless websites. My aim with History In An Hour is to make it less daunting and more accessible whilst still providing a quality read. I want to offer readers a starting place in their historical reading; a platform on which to build. Now, with HarperPress, we can take it to a new level and spread the word – that History is exciting.”

HarperPress will launch the series on 4th August with six titles. A further seven will follow in October. All existing books will be rebranded and an ambitious programme to grow the series will include titles on the fall of the Roman Empire, the Gunpowder Plot, the Vietnam War, Castro and the Wars of the Roses, as well as an extension of the brand into other subject areas. More than one year on, History in an Hour is still topping the charts with World War Two in an Hour currently number 15.

Arabella Pike comments: ‘This is an incredibly exciting venture for HarperPress. In just over one year Rupert has, single-handed, created a superb brand offering great history for busy people – short, sharp, informative books to be read on a phone or e-reader perfect whilst enduring the daily commute to work. As a leading publisher of history, we intend to work with Rupert to build this pioneering series to publish some terrific titles, show how historical content can be refashioned to suit the digital age, and open up a whole new generation of readers to the delights of history.’

Launch titles:

World War Two
The Cold War
The Afghan Wars
The Reformation
Henry VIII’s Wives
Nazi Germany
October titles:
Black History
1066
Hitler
Ancient Egypt
American Slavery
The American Civil War
The World Cup

12 August 2011

Seeing red over the Red Shoes

I’m no fashion expert, but there seems to be something about red shoes.

They feature in a typically grim Hans Christian Andersen fairly tale, in which a vain girl is punished by a pair of red shoes which refuse to stop dancing, even after she has her feet amputated.

This inspired one of my favourite films from the 1940’s by the great Powell and Pressburger, and more recently an album by singer songwriter Kate Bush.

Now they are featuring in a trademark dispute between two haute couture fashion houses, Christian Louboutin and Yves Saint Laurent. Christian Louboutin loses round one of red sole battle with Yves Saint Laurent.

Christian Louboutin’s whose shoes have a distinctive red sole, was suing Yves Saint Laurent for using the same colour on the bottom of its footwear.

US judge, Victor Marrero, has denied Louboutin’s request to block sales of ‘copycat’ red soled shoes from YSL’s 2011 collection.

Marrero wrote in his ruling:

‘Because in the fashion industry colour serves ornamental and aesthetic functions vital to robust competition, the court finds that Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection, even if it has gained enough public recognition in the market to have acquired secondary meaning.’

Mr Louboutin is seeking more than $1million damages for alleged infringement of his ‘Red Sole’ trademark, claiming that he was the first designer to develop the idea of having red soles on women’s shoes.

YSL hit back, with their court papers stating ‘Red outsoles are a commonly used ornamental design feature in footwear, dating as far back as the red shoes worn by King Louis XIV in the 1600s and the ruby red shoes that carried Dorothy home in The Wizard of Oz.’

29 July 2011

Brands and companies that last

I have recently been sent a link to a blog post about 10 Old Brands That Managed to Stay Modern. Although it is a list of US brands, it got me thinking about companies and brands that last. The average lifespan of a company is surprisingly low at just 25 years for listed US companies.

In most cases the key to really long-term survival is being flexible and changing to match or even lead, public taste and new markets.

For instance while on my recent trip to Tanzania I noticed that although local people still buy bottles of Coca-Cola, many more are drinking Kilimanjaro brand water. On examining the bottle closely I was surprised to see it was produced by the very same Coca-Cola company. This is just one of the many hundreds of brands that they now own.

Another interesting discovery is the high proportion of long lasting companies that are Japanese or German. It may be something to do with how they get passed down through the family to the next generation. The oldest is the Keiunkan hotel, which has been going since 705.

16 June 2011

Hello Kitty – Goodbye Cathy

I have to admit that children’s characters are not something I have spent much of my time thinking about since my kids left primary school some years ago. Despite this, the distinctive Hello Kitty brand has successfully impinged itself on my consciousness.

Such strong and simple designs obviously have a wide appeal. However, the lesson is that you need to ensure that yours are truly unique to avoid potentially damaging copyright wrangles.

A recent story from the Evening Standard about Cathy from the Hello Kitty range illustrates this problem (Hello Kitty waves goodbye to friend Cathy).

There have been months of legal bickering between the Dutch firm Mercis who own Miffy, the well known Dutch character created by Dick Bruna, and Sanrio, the Japanese owners of the Hello Kitty brand.

In the resulting settlement Sanrio promised to drop the character Cathy. And both will donate £135,000 to the victims of the earthquake in Japan, rather than spend more money on legal fees.

13 June 2011

A cake slice with a musical difference

Whilst shopping for a new corkscrew today, I stumbled across another fine example of a niche within a niche, (Luxury foods in terribly bad taste).

This time the niche in question is cake slicers (also known as cake servers). And I am rather ashamed to admit that the source of, what is in my opinion, a rather naff product is my homeland the United Kingdom.

As you can see from the photo of the bright pink packaging on the left, the manufacturers are well aware of the rather tacky nature of their product. In fact the Kitsch’n’fun range from Kitchen Craft is deliberately aimed at the fun end of the market.

Kitsch’n’fun is a novelty range of items taking on a life of its own. Having quickly developed with some of the most talked about and fastest selling items available. Ideal accessories or pocket money gifts, the selection continues to grow and appeal to the youngster in all of us!

However, the photo does not tell even half the story. But, fortunately I was able to track down a video of the Cake Server in action on YouTube. Of the choice of four tunes available I think the wedding march has to be my favourite, as my mind boggles at the idea of it in action at some posh wedding. I challenge you to watch the video more than three times in a row.

[youtube=http://www.youtube.com/watch?v=bT32uyA3pP8]

7 April 2011

The re-branding of Beachy Head

The biggest surprise on my recent four day perambulation along the final section of the South Downs Way, in England’s newest National Park, came on the final day of walking.

Although the established local beer for the area is Harveys, famous for its Tom Paine Ale, and still brewed beside the river Ouse in the heart of Lewes, there is now a new rival.

It comes in the form of Beachy Head Ale, produced in a micro-brewery based in the pretty village of East Dene.

We enjoyed a delightful lunch in their brewerytap pub, the Tiger Inn, sitting in the sun on the village green looking across to Sherlock Holmes’ retirement home.

The surprise came when reading their promotional brochure and discovering the re-branding of Beachy Head. As a relatively local inhabitant, I am well aware of the stunning beauty of Seven Sisters and Beachy Head, but also cognisant of its more well known feature. For most UK residents Beachy Head it is quite literally a jumping off point for those who want to end it all.

This, less attractive aspect has featured in many films, documentaries and news items. Beachy Head suicide spot.

Now, working as I do on the Euston Road opposite Kings Cross Station, I am all too aware of the stigma that can cling to an area, even if that reputation is no longer deserved.

So I was fascinated to see how the Davies-Gilbert family, who have farmed the Beachy Head area for 200 years are attempting to re-invent and re-brand Beach Head. As you can see at Beachy Head.org.uk, it is a beautiful part of the country, with lots to see and do.

While there, I began to notice the clean and modern Beachy Head logo almost everywhere I looked. And it will be interesting to see if the media starts to pick up on this more positive story about the area. However, given their predilection for the gory and ghastly, I have my doubts.

As a geographer, I was somewhat perplexed by the brochure map of the area. I would expect it to concentrate on visitor highlights, but, the designers have decided to omit the large village of Friston. Perhaps because it is adjacent to, and somewhat overwhelms the village of East Dene which appears to be the heart of Beach Head.

Have a look a the maps of area below and see what you think.

The re-branding of Beach Head

Beach Head logo

The biggest surprise on my recent four day perambulation along the final section of the South Downs Way, ??? in England’s newest National Park, ??? came on the last day.

Although the established local beer for the area is Harveys, famous for its Tom Paine beer, ??? and still brewed beside the river Ouse in the heart of Lewes, ??? there is now a new rival.

It comes in the form of Beachy Head Ale,??? produced in a micro-brewery based in the pretty village of East Dene.

We enjoyed a delightful lunch in their brewerytap ??? pub, the Tiger Inn, ??? sitting in the sun on the village green looking across to Sherlock Holmes’ retirement house. ???

The surprise came when reading their promotional brochure and discovering the re-branding of Beachy Head. As a relatively local inhabitant, I am well aware of the stunning beauty of the Seven Sisters and Beachy Head, but also cognisant of its more well know aspect. For most UK residents Beachy Head it is quite literally the jumping off point for those who want to end it all.

This, less attractive aspect has featured in many films, documentaries and news items. ??? wikipedia – ??? Green Wing clip

Now, working as I do on the Euston Road opposite Kings Cross Station, I am all too aware of the stigma that can cling to an area, even if that reputation is no longer deserved. ???

So I was fascinated to see how the Davies-Gilbert family, who have farmed the Beachy Head area for 200 years and are attempting to re-invent and re-brand Beach Head. As you can see from the map and at Beachy Head dot org, ??? it is a beautiful part of the country, with lots to see and do.

I began to notice the clean and modern Beachy Head logo almost everywhere I looked. It will be interesting to see if the media starts to pick up on this more positive story about the area. But given their predilection for the gory and ghastly, I have my doubts.

The re-branding of Beach Head

Beach Head logo

The biggest surprise on my recent four day perambulation along the final section of the South Downs Way, ??? in England’s newest National Park, ??? came on the last day.

Although the established local beer for the area is Harveys, famous for its Tom Paine beer, ??? and still brewed beside the river Ouse in the heart of Lewes, ??? there is now a new rival.

It comes in the form of Beachy Head Ale,??? produced in a micro-brewery based in the pretty village of East Dene.

We enjoyed a delightful lunch in their brewerytap ??? pub, the Tiger Inn, ??? sitting in the sun on the village green looking across to Sherlock Holmes’ retirement house. ???

The surprise came when reading their promotional brochure and discovering the re-branding of Beachy Head. As a relatively local inhabitant, I am well aware of the stunning beauty of the Seven Sisters and Beachy Head, but also cognisant of its more well know aspect. For most UK residents Beachy Head it is quite literally the jumping off point for those who want to end it all.

This, less attractive aspect has featured in many films, documentaries and news items. ??? wikipedia – ??? Green Wing clip

Now, working as I do on the Euston Road opposite Kings Cross Station, I am all too aware of the stigma that can cling to an area, even if that reputation is no longer deserved. ???

As a geographer, I was somewhat perplexed by the brochure map of the area. I would expect it to concentrate on visitor’s highlights. But, the designers decided to omit the large village of Friston. Perhaps because it is adjacent to, and somewhat overwhelms the village of East Dene which appears to be the heart of Beach Head.

Have a look a the maps of area below and see what you think.

8 March 2011

An innocent clash of trademarks?

I’ve been thinking a lot about branding and trademarks recently (Logos with customer appeal – Apples and Marmite).

So this story in yesterday’s Evening Standard caught my eye (I’m innocent over trademark clash, says children’s vitamins maker).

Innocent Vitamins was started by Dawn Reid in July 2010, based in the tiny village of Ashurst Wood in East Sussex, close to where I grew up. According to the Standard article, Mrs Reid claims that her brand was not inspired by Innocent Drinks, and that her customers do not get the two brands mixed up.

However, the smoothie company, founded in 1999, and now with a turnover of £128 million, sees things differently. They say their customers are confused by this new brand, and that using such a distinctive name in a similar category is not an appropriate thing for another company to do.

“We have given the company a way out by respectfully asking them to stop using the brand name, which we believe is more than reasonable, and doubt that most other companies would be so tolerant. We have to protect our brand and everything we have stood for over the past 12 years.”

It seems that Mrs Reid is planing to fight to keep the Innocent Vitamins brand, so this one could run and run.

“I genuinely believe that my company can peacefully coexist with Innocent smoothies, and I would be delighted to meet up with them as we have already offered.”
http://innocentvitamins.blogspot.com/2011/03/innocent-vitamins-refutes-innocent.html

My limited knowledge of trademark law includes the topic of passing-off, and the deciding factor in many court cases is whether a reasonable person would get the two brands confused side by side on a supermarket shelf.

However, as the Intellectual Property Office IPO points out, it can be very difficult, and as a result, expensive to prove a passing off action. http://www.ipo.gov.uk/t-protect-passingoff

If you register your mark, it is easier to take legal action. This allows you to take legal action against infringement of your trade mark, rather than using passing off. Further information is available under Benefits of registered trade mark protection.

I know what I think, but have a look at the photos below and decide for yourself.

The IPO have a nice summary page on Trademarks on their website.

In summary:

A trade mark is a sign which can distinguish your goods and services from those of your competitors. It can be for example words, logos or a combination of both.
You can use your trade mark as a marketing tool so that customers can recognise your products or services.
A trade mark must be distinctive for the goods and services you provide. In other words it can be recognised as a sign that differentiates your goods or service as different from someone else’s.
A registered trade mark must be renewed every 10 years to keep it in force.

Fortunately the IPO make it very simple to search their database of registered here http://www.ipo.gov.uk/types/tm/t-os/t-find.htm

6 March 2011

Milking a story for all it’s worth

Last week I was admiring how successfully the Icecreamists have been at generating publicity for their Baby Gaga ice cream, made from human breast-milk, which costs £14 (Luxury foods in terribly bad taste). Then they had a set-back when their local council removed the milk for testing.

On Friday, yet another newspaper article appeared in the Evening Standard – Baby Gaga: Star takes legal action over London parlour’s breast milk ice cream flavour.

It’s a publicists dream come true. Probably the worlds most famous current pop star is threatening legal action over the ice cream, which her lawyers claim is infringing her Lady Gaga brand.

From a legal point of view, it seems unlikely that Stefani Joanne Angelina Germanotta, also know as Lady Gaga, will win her case against Matt O’Connor the owner of the Icecreamists. He claims the term comes from the early sounds babies make when trying to speak, and has applied to register the trademark.

However, thanks to the Lady Gaga name, this story has now gone global, appearing in American, Russian and Indian newspapers within hours. Mr O’Connor must be rubbing his hands with glee.