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June 2, 2009

The Idaho Fry Company Learns the Hard Way About Potato Company Naming and Branding

The Idaho Fry Company has learned the hard way about trademark regulations as they pertain to company naming and branding.

This new company, which wants to "elevate the status of the french fry," received a short note from the Idaho Potato Commission (IPC), two months before they were set to open, curtly informing them that there was "a problem" with their company naming.

The problem, of course, is that they cannot use the word "Idaho" on anything related to potatoes, including the words "free, fresh, frozen or dehydrated."

Even though the IPC does not seem to technically possess limitation for the word "fries," the commission refuses to back down. The Idaho Fry Company's sign, business cards and web site all have to be recreated and the company cannot simply change the name to "Boise" because that's also protected.

It seems the owners of the company actually did check with some intellectual property attorneys before opening shop and they believed they had a decent case for obtaining rights to the name, but they simply do not have the money to fight the mighty Idaho Potato Commission.

The Boise Weekly blog asks "Aren't enough local businesses struggling these days without nitpicking from the head potato heads?"

It took me only a few minutes to read about the aggressive way in which the IPC protects the word "Idaho" via both certification marks and trademarks. They license "Idaho" to potato growers, shippers, packers and processors, and have a clear record of protecting their mark.

It's a vigorously protected name on a local and global scale, which makes sense since "Idaho potatoes have the greatest name recognition and production preference among consumers."

So considering that the name "Idaho Potato" has the most equity worldwide in the multi-billion dollar potato business, one would think that the Idaho Fry Company had to know there'd be a fight over their company name. Just because you open a shop in Idaho does not give you the right to use the mark.

Idaho Potatoes are to spuds as Microsoft is to computers. They simply are not going to budge if you try to say you're not selling potatoes, you're selling fries.

However, the place looks like they offer some great food, but whoever told them it would be OK to use the word Idaho in their company naming and branding really isn't worth much more than a rotten potato.

Technorati Tags: Idaho Fry Company, Idaho Potatoes, Idaho Naming, Idaho Brand Names, Company Renaming

Posted by William Lozito at June 2, 2009 10:31 AM
Posted to Brand Naming | Branding | Company Naming | Food | Industry | Licensing | Naming | Naming Rights | Trademarking

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