March 18, 2010
Google Android Phone Denied Nexus One Naming and Branding by USPTO
Google has been denied the name "Nexus One" for the branding of its new cell phone.
Apparently, the United States Patent and Trademark Office (USPTO) deemed it too close to Oregon-based Integra Telecom's product, also called Nexus. This is a brand that generates $60 mil per year for Integra.
The name has not yet been attached to the (very slick looking) device. Now, we are all wondering if the name will be licensed or if a new name will be found for this Android phone. Google is unlikely to challenge the ruling since Integra has used the Nexus name since 2008.
The thing seems to be selling well, with plenty of people making Android apps.
We'll see what Google does next.
Technorati Tags: Google, Cell Phone, Droid, Motorola, Trademark Conflict, Nexus One
Posted by William Lozito at 10:13 AM| Comments (0)
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March 17, 2010
Canon Changes the Face of Domain Naming and Branding with .Canon
This is interesting news in naming and branding.
Canon has applied for the .Canon generic Top Level Domain (gTLD), which Antony Van Couvering of Circle ID says breaks the "thin brand line" of near universal opposition to the practice of companies buying these domain names.

The fact is, it's the "worst kept secret in the industry" that top brands are quietly acquiring their own domains from ICANN to smoke out cybersquatters, throwing costs to the wind.
This makes Canon one of the world's first companies, and certainly the biggest brand, to say "uncle" and buy its own domain name, making the future Canon home page Canon.Canon.
Many bloggers question the wisdom of this move, saying that the intuitive domain name still ends with ".com" But this may change over time, and Canon is not taking chances.
According to DomainNews.com, "The new gTLD system is expected to allow a company name, brand name, geographic region, or service type to be used as a gTLD within website and e-mail addresses."
The installation of the system is set to begin by the end of 2011.
It just seems logical that a large company with a lot of brand equity would want it's own domain, and not have it bought by some kid in a basement or a shrewd competitor.
Technorati Tags: Canon, Domain Names, Branding, Naming, Photograph, ICANN
Posted by William Lozito at 12:46 PM| Comments (0)
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March 16, 2010
Tommy Hilfiger's $3.38 Billion Acquisition Biggest Deal Ever in Apparel Naming and Branding
The Tommy Hilfiger name has been acquired by the Philips Van Heusen Corporation (PVH) for $3.38 billion after the current owners failed to get it listed.
Tommy Hilfiger may seem to be a true American brand but in fact two thirds of the company's business is in Europe.

Philips Van Heusen also owns Calvin Klein, Izod, and Arrow, and the plan is to launch the name into Asia, making Hilfiger a truly global brand name. This is also the biggest deal ever in terms of dollars spent to acquire a clothing brand and makes Philips Van Heusen the world's fourth largest apparel company.
This almost certainly signals a revamp for the brand which saw its heyday in the preppy 80's and 90's and which is on an upswing after some bad years.
Some say this mega-deal is the "return of private equity."
But what is really interesting is that PVH is trying to ensure that control of Tommy Hilfiger himself rests with them. PVH is seeking "ironclad" ability to control the name, and not just the trademarks. Hilfiger is staying on as "Principal Designer and Visionary" for the Tommy Hilfiger brand but he has been quietly acquiring smaller brands, leading to the worry on the part of PVH that Hilfiger may have plans to create a breakout, competitive brand name.
Ultimately, they need to avoid what happened around the Joseph Abboud name, a trademark law precedent I have written about before. In this case, Jospeh Abboud found a way to use his name to promote another line of clothes after selling it off to another buyer.
Should Hilfiger do the same this, it would sour a deal that is fifty times larger than Abboud's $65.5 million 2008 acquisition by JA Apparel.
Technorati Tags: Tommy Hilfiger, Philips Van Heusen, Apparel, Branding, JA Apparel
Posted by William Lozito at 11:17 AM| Comments (0)
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March 15, 2010
Is the Maalox Naming and Branding Debacle FDA's Fault?
The FDA is getting serious about misleading labels, branding and naming.
They are looking at claims like "low fat," "high fiber," and "cholesterol-free" and responding to customer requests for actual warnings on packaging if a food is "high calorie" or "low in nutrients". This came to a head last year when the FDA found that the voluntary "Smart Choices" program was seeing boxes of Froot Loops getting labeled as a healthy option.
This is already having an effect on drug safety where dozens of medications are getting zapped with labeling changes or changes to information about their their boxed warnings, contraindications, precautions and adverse reactions.

This is all pretty routine news until you consider that last month Maalox was hit by news of "serious" adverse reactions from consumers thanks to poor naming and branding of one of their products.
Their "Total Relief" product looks just like their "Advanced" antacid, but it is in fact much different and the danger to consumers has attracted the notice of lawyers. Notably, "Total Relief" contains aspirin-like ingredient called bismuth subsalicylate, which normal Maalox does not.
People associate Maalox with aspirin-free antacid, and Maalox is benefiting from this to sell this fairly different line extension. This so-called "brand name creep" into a new medicine territory offers real danger to consumers.
It is proof of labeling's impact. Now, Novartis, which owns Maalox, has to remove the Maalox name from the product. They also have to "change the product label design, conduct an educational campaign, and actively monitor and report adverse events associated with the use of Maalox-brand products." The new product, with the new name, will come out in September.
Ouch.
Bnet says Novartis is not exactly at fault here. According to blogger Jim Edwards, "The government agency has a longstanding - and completely insane - policy of allowing two different drugs to be given the same brand name, or two identical drugs to be given different brand names." Hmmm.
Technorati Tags: Maalox, FDA, Total Relief, Maalox Advanced, Novartis
Posted by William Lozito at 8:40 AM| Comments (0)
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March 12, 2010
Punch Ya Daddy Naming Continues to Live On
I'm not sure if this is good news or bad news, so I'll just put it out there: "Punch Ya Daddy" seasoning can keep its (ridiculous) name.

I wrote about the seasoning war simmering between "Slap Ya Mama" and "Punch Ya Daddy" last year. The makers of "Slap Ya Mama" Cajun seasoning, Walker & Sons, slapped "Punch Ya Daddy" with a trademark infringement lawsuit last year.
Now, a federal judge has ordered "Punch Ya Daddy" to change its logo and packaging, which is very similar to that of "Slap Ya Mama" and "damaging the plaintiff's business".
The judge ruled that "Slap Ya Momma" is a term that is "quite common" whereas "Punch Ya Daddy" is not, so as far as the naming goes, there is little likelihood of confusion.

The term "Punch Ya Daddy" came from when the toddler son of the maker of the stuff, Kirby Falcon, said "I'm going to punch ya, Daddy".
"Slap Ya Mama, on the other hand, is a term down in the Bayou that means you like something so much you want to "Slap Ya Mama With joy"
As for me? I'm slapping my forehead at the idiocy of it all.
Technorati Tags: Punch Ya Daddy, Slap Ya Mama, Naming Dispute, Bayou, Cajun
Posted by William Lozito at 8:46 AM| Comments (0)
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March 11, 2010
Sony "Moves" Away From Arc Naming and Branding; Better Than "Giggle Stick"
Oops, well I'm only human. Back in January I believed the hype and predicted that Sony would name its new PlayStation wireless controller the "Arc."
Nope. It's going to be called the "Move" and it's coming out this fall in a kit costing under $100.

CNET's Crave says that by unveiling the name Sony can start its all-out attack on Nintendo. The name was announced yesterday at the Game Developers Conference in San Francisco.
It works with the PlayStation Eye web cam, and Sony claims 36 third party developers and publishers have signed up to support the new product, not to mention the 20 games Sony has planned for it as well.
Its subcontroller adds a joystick and a directional pad.
There were some pretty provocative ideas for the naming sent in by Joystiq readers, but when Joystiq's blog did a poll on it, Move won out.
Joystiq also notes that the logo looks suspiciously like the letter "A", because, they posit, Sony did want to name their controller the Arc but ran into trademark issues.
Already blogosphere wags have generated eight "better" names for the thing, including "Giggle Stick," "Party Rod," and "The Sceptre of Ultimate Power".
Um, maybe not, but good effort bloggers.
The bottom line is that this controller launching with this name is a good move by Sony.
Technorati Tags: Sony, PS3, Move, Arc, Joystiq, Video Game,
Posted by William Lozito at 8:05 AM| Comments (0)
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March 10, 2010
The Unfortunate Saga of Risqué Domain Naming and Branding Continues with the Sale of Sex.com
The domain name Sex.com is up for grabs.
That's right, potentially the most expensive domain name in history is in foreclosure and will be sold at auction, with bids starting at a cool $1 million. It was sold for $14 million in 2006, which was a record then until Insure.Com went for $16 million.

I have previously written about how the domain name Sex.com has been poorly managed, and even swindled from previous owners. Now, the story seems to have continued its downward spiral.
It will be sold "as is" in the equivalent of a foreclosure sale and should generate a lot of interest, as it can apparently generate $15,000 of revenue a day if managed correct.
Sex.com is one of the top five most profitable domain names on the web today, the others being Fund.com, Porn.com, Poker.com and Business.com.

The Sex.com domain name has been mismanaged, of course, and is surrounded by clouds of legal skullduggery. It is claimed that one of the previous owners had the name stolen from him, and commenced a ten-year manhunt to find the culprit.
DOM Partners, a New Jersey lender is foreclosing the domain and will auction it on March 18, at the New York law firm, Windels Marx Lane & Mittendorf.
Ecoconsultancy has a great post up entitled "Six things you can learn from Sex.com's failure," and number one is: A great domain only goes so far.
I have to agree.
It takes more than a name to make a product or a domain name shine. However, we at Strategic Name Development can say, a great name never hurts.
Technorati Tags: Sex.com, Domain Name, Auction, Ecoconsultancy, Foreclosure,
Posted by William Lozito at 9:34 AM| Comments (1)
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