MAM

The forbidden fruits and singing bananas

A very serious fight between Apple Computers and Apple Records of The Beatles is now headed for the ninth round.

On this side of the ring is Sir Paul McCartney, with the title of a legendary musical artist and boyish looks with a cute smile. On the other side, yet another youthful boy wonder, Steve Job with his intellect and a legendary title for being the first to lead the start of the personal computer revolution.

The fight is all about the name and use of the word “Apple”, and its right owners.

The Beatles have already, successfully defeated Apple Computers in the earlier rounds, as The Beatles formed Apple Records in 1958, when Steve was just toying with the wires in his garage. Apple Computers was formed much later, so they had to pay Apple Records some $25 million very quietly in a settlement after a long and very bitter and expensive battle. These fights are quite common, as long as picking names for corporate branding is considered a simple task.

Now, suddenly, right in the middle, the saga opens again. This time, the trouble was echoed, just by hitting similar musical notes on the innovation scale. It started with the creation of iTune. Simply put, both of the forbidden fruits deemed going into the same business of music. Now the battalions of American attorneys with high price blue suits and howdy-doody firm handshakes are engaged in pillow fights with the tight-lip, upper-crusted British solicitors of the Empire, suited in grey flannel, costumed wigs and all. The sun already set on this empire a long time ago but the zesty spirit is still there. Right on.

“Order! Order! Order!”

The story is so simple and the lesson ever so very clear. Never name a company after a fruit. Now for all those corporations whose corporate branding originated out of a botanical or a zoological expedition, this should be a big lesson and a serious warning. Look out, the serpent cometh your way. Sooner or later, the fruit basket will be kicked and legal fights will start. Watch out for the tumbling of corporate brand identities the likes of Oranges, Pineapples, Apricots, Cherries and Peaches, as periodically, they all have their days in court and most fade away in the long haul. Apple Records and Apple Computers are now two rare examples of such survivals in the modern times.

It is suggested that the fight is so intense that keeping aside the famous large class-action suits; this settlement would be the largest amount in legal history. It has been reported that when this mind-boggling amount is introduced, there will be a possibility that Apple Records could get a chunk of equity from Apple Computers plus a board membership. Talk about a bite.

Mr.Banana

It is also said that The Beatles have suggested that Apple Computers should call itself a “Banana” or anything other than apple. Now, now where are their British manners? Are consumers really ready to carry “Mr. iBanana”?

The story gets bigger. The debate is on two fronts “name confusion” and “wares”. Wares are things for which a name is registered under and used and confusion comes when customers can’t identify the correct company. On ground on confusion, The Beatles were too picky to pick the first round as no one confused Apple Computers with Apple Records. Now the issue is “wares” and increasingly under the trademark laws “wares” are becoming problematic. Example, how do you differentiate easily between Media, Music, News, or Web, Internet, Computers, with Cable, Voice, or Technology? They all seem to be just one bundle of services.

iPod, iTune and related items are now in direct clash with vinyl records and music sheets. True, they are closely related this time. Who knew then, when Beatles in 1958 picked up the name “Apple” quiet innocently and so did Steve Job. That was then, this is now. The entire globe and entire markets shrank and it seems that everyone is now on top of each other. Corporate branding is no longer a game of picking names out of a hat.

It is very hard for trademark practitioners to look out for these merging technologies and changing perceptions. But then, most CEOs and corporate executives would not take a pre-warning from a trademark attorney seriously and rather proceed with a gung-ho launch of the name so that later Messer’s Howdy-Doody Attorneys can pay millions in damages, while corporation dodges from embarrassing court cases.

When will your corporation be in court to defend your corporate branding and your name identity? This can be established very easily. Enter your name in “quotes” in Google and if there are dozens of identical business names and they are also in your related business then it’s time you quickly start a legal-fund as the serpent cometh your way too.

Latest Reads

http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/12/07/Tanmay-Mohanty_0.jpg?itok=2GxsCYqy
India among top 10 contributors to ad spend growth: Zenith Ad-Ex Forecast

MUMBAI: Publicis Media Company Zenith has just released its new Advertising Expenditure Forecasts in which it predicts that global ad expenditure will grow 4.4 per cent in both 2016 and 2017, reaching USD 566 billion by the end of 2017. Zenith predicts that ad expenditure growth for India in 2017...

MAM Marketing MAM
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/12/07/Kaizad-Pardiwalla.jpg?itok=dPS1-SUV
Jack in the Box Worldwide appoints Kaizad Pardiwalla as president

MUMBAI: Integrated communications agency, Jack in the Box Worldwide, a part of The 120 Media Collective, has appointed Kaizad Pardiwalla as president, with the aim to lead its ambitious growth strategy. Kaizad, who joins from Orchard Advertising, where he was Chief Operating Officer. He will report...

MAM Media and Advertising People
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/12/07/Sam-Balsara.jpg?itok=oWuQGGuS
'Name and shame delinquent channels'

MUMBAI: Media buying and planning (advertising) agencies and brands reacted strongly or cautiously when it came to commenting on famous yet delinquent television channels suspected of wrongdoing by India's only TV ratings points (TRP) body. Broadcast Audience Research Council (BARC), the only...

MAM Marketing MAM
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/12/07/keegan-pinto.jpg?itok=aXxgzasY
Pinto new creative head - FCB Ulka (West), NCD - branded content

MUMBAI: In a significant development, FCB Ulka today announced the appointment of Keegan Pinto as Creative Head - FCB Ulka (West) and National Creative Director - Branded Content. In this role, Keegan will be responsible for enhancing the creative quotient and strengthening the creative...

MAM Media and Advertising People
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/12/07/Pooja-Verma.jpg?itok=RhcxGMV6
Branded Content isn't all about visibility: Maxus ESP's Pooja Verma

MUMBAI: Gone are the days when brands would like a piece of popular content and sponsor it, or spend some marketing budget over product placements. It starts with finding out the brand objectives first and matching it with the relevance of the content. It is not limited to a movie association...

MAM Marketing MAM
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/12/06/LetsShave%2C.jpg?itok=HEwjHBDO
LetsShave, a grooming statement

MUMBAI: It’s groovy, it’s uber cool and it’s funny. LetsShave.com's new promotional video, which was recently released, has all the elements of the new age men’s world. In an event held in Chandigarh, LetsShave Team and the invitees couldn’t resist shaking a leg as the goofy video played on a...

MAM Media and Advertising Ad Campaigns
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/12/05/Posterscope-800x800.jpg?itok=oWCkFE8D
Posterscope shines at Global Marketing Awards

MUMBAI: Posterscope India, the out-of-home agency from Dentsu Aegis Network, has bagged the title of ‘Outdoor Agency of the Year’ at the Global Marketing Excellence Awards. With more than 30 awards in its kitty, this year has surely been a remarkable one for Posterscope India.

MAM Marketing MAM
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/12/05/Julie-Woods-Moss800x800.jpg?itok=e6xxWQVk
Tata Communications celebrates 'spirit of India'

MUMBAI: Tata Communications, a leading provider of A New World of Communications™, today announced the launch of a major multi-channel brand campaign in India. Designed to highlight the company’s diverse services portfolio that enables digital transformation for businesses and its contribution to...

MAM Media and Advertising Ad Campaigns
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2016/12/05/Narendra-Modi.jpg?itok=hokfV4rW
Demonetisation: Paytm & SBI most talked about on Twitter and Insta

MUMBAI: It’s been close to a month since PM Narendra Modi announced the demonetisation of higher currency notes and the buzz around the topic hasn’t receded still. After all, several sections of the market remain affected by the scarcity of liquidity in the economy.

MAM Marketing Brands

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories