Saturday, August 19, 2006

Monthly Call To Life - The Unauthorized, Unrelated Sequel

Trademarks are serious business. Imagine anyone being able to put a Nike Swoosh on their shoes and then selling the second rate product to the unsuspecting public. Or what if I made my own steak sauce and called it A1? I'd make a quick buck but there would be some disgruntled carnivores out there. Coca-Cola is "The Real Thing," Fox News is "Fair and Balanced," and MasterCard tells us "Don't leave home without it," but what if I want to describe my new cereal The Breakfast of Champions? I can't because that slogan belongs to Wheaties. All these phrases are protected by American copyright law to ensure fair business and advertising. A trademark is intellectual property that companies fight hard to protect and they hope will become synonomous with there product.

But there are limits to trademarks. I couldn't simply tradmark the term soda to describe my new soft drink for obvious reasons. In the past businesses have failed to trademark words like credit card or potato chip, again for obvious reasons. A trademark must be a unique term or phrase, not just a generic one.

A recognized trademark is noted by the little "TM" that follows it when it appears in print. This means the company has registered it with the Library of Congress Copyright Office and they own the sole right to reproduce it and use it in marketing their product. Which brings me to this picture:
If you look closely at the writing on this complimentary sanitary napkin disposal bag that I recently picked up at a motel I was staying at you'll notice that it is a "Fresh Scent" disposal bag. I assume that the "Fresh Scent" refers to the pleasant flowery smell that emanates from inside the bag. Ah, refreshing! Also notice the TM:
This bag is making the claim that the company producing it owns the phrase "Fresh Scent!" Keep this in mind the next time you describe something as having a "Fresh Scent" because you may be guilty of copyright infringement!! I would advise that if you absolutely need to say that something has a "Fresh Scent" then you should first contact the manufacturer and ask them for permission so you don't find yourself in court paying steep fines. Here are the owners:
Pretty surprising, huh? I never would've guessed that a phrase like that would be owned by some little company in small town Illinois. Or could they be lying?

And while we're on the subject of feminine hygiene, check out this vending machine:



Mmm, what a tasty treat! I admit I don't buy that many tampons but $1.50 for one seems a little bit expensive. An entire roll of toilet paper doesn't cost that much. Hell, the salami is only $.85 and there are two of them in the package. And who decided to put the salami right next to the tampons anyway? Kind of confusing.

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