ING Direct Rebrand to Capital One 360 Irks Orange Ball Loyalists

Posted by Sheila Shayon on November 15, 2012 02:14 PM

In June 2011, the Dutch financial services giant ING Group agreed to sell ING DIRECT USA to Capital One as part of a restructuring agreement with the European Commission. As part of the deal, ING Group permitted the use of "ING DIRECT" only until February, 2013, so the companies adopted Capital One 360 as its new brand name.

As a result, the distinctive ING Direct orange ball is rolling into the archives, to be replaced by Capital One's red-and-blue logo with the addition of a red ball enclosing the number “360” with a sideways chevron. But not all current ING Direct US "Savers," as they like to call their Facebook followers, are convinced. Some fans just can't let go of the ball.

ING Direct customer David Mejias started a “save the orange ball” petition on, while another brand loyalist, Maria Elena Villegas, posted on Facebook: “So, Capital One bought the rights to the orange ball only to destroy any brand recognition and customer loyalty amongst ING customers? If anything, they should have rolled everything over to look and feel and work as ING Direct works. This is an absolute waste of branding, customer loyalty, and potential goodwill or at least neutrality from current ING customers by Capital One.”Continue reading...

brand and bottle

Stark Wine to Diageo's Stark Raving Wine: Get Off Our Lawn [UPDATE]

Posted by Mark J. Miller on November 13, 2012 02:02 PM

Remember when Orson Welles used to tell us how Paul Masson would “serve no wine before its time”? In those days, it seemed like wine was only consumed by old fuddy duddies who had plenty of time to burn. Things have changed dramatically since then, of course, with lots of younger folk gravitating to vino and plenty of winemakers happy to market to them. One of them, though, has enountered a little bump in the road on the legal front.

Diageo Chateau and Estates, a subsidiary of alcoholic-beverage powerhouse Diageo, recently began marketing a wine called Stark Raving, but now it must stop advertising, promoting, distributing, and selling the stuff thanks to legal action taken by Stark Wine LLC. “We don't want consumers to think that Stark Raving wine is made by Stark Wine as Diageo floods the market with its Stark Raving wine," according to Stark Wine's press release. The company is “pleased with this initial victory and is glad to have Diageo's Stark Raving wine out of its backyard."

Update: Diageo points out that received a limited preliminary injunction to stop the sale of Stark Raving wines only in Sonoma County, CA, so Stark Raving wine is not completely off the market. A company spokesperson commented:

While we would have preferred that the court not issue this limited preliminary injunction, we are pleased that our Stark Raving wines will continue to be sold nationally except in Sonoma County.  We will comply with the Court's order, and we are confident that we will prevail in the end.

In the meantime, Diageo will just have to settle for all the cash it makes from Guinness, Red Stripe, Johnnie Walker, Smirnoff, Popov, Tanqueray, Captain Morgan, Crown Royal, Baileys, and the slew of other beer, wine, and liquor brands it owns.

name blame

Storm Brewing Over Naming Weather as Athena Bumps Sandy From Radar

Posted by Sheila Shayon on November 7, 2012 03:50 PM

The Weather Channel has named the nor’easter winter storm that's now bringing snow to New York City and environs after the Greek goddess-inspired Athena. The all-weather, all the time brands admits it's a ploy to bring attention (and own the conversation) about the post-Hurricane Sandy ice storm that's threatening to blanket gloom on those relief efforts. 

“Without Sandy, we may not have named this storm," the Weather Channel admits. "However, one of our main reasons for naming events is societal impact. With so many people still under recovery efforts — even well inland — the combination of heavy, wet snow and wind prompted the decision to name this storm.”

The U.S. National Weather Service, however, isn't impressed. It's refusing to acknowledge or condone Athena — or any other storm names emanating from Weather Channel HQ in Atlanta.Continue reading...

name game

Subscribers Disconnect as Sprint Hangs Up on Nextel Brand Name

Posted by Barry Silverstein on November 7, 2012 01:08 PM

Japanese technology giant Softbank's $20 billion takeover of Sprint is already proving to be an uphill battle. Sprint reported that it lost 423,000 U.S. subscribers from July 1 to Sept. 30, while only gaining 19,000 non-contract subscribers, the smallest number in over three years. That churn contributed to Sprint losing $767 million in the quarter, compared to a $301 million loss for the same period a year ago.

The downward spiral for Sprint was even more obvious in comparison to its two main competitors, Verizon Wireless, which added 1.8 million subscribers, and AT&T, which added 228,000 subscribers. In addition, Verizon Wireless and AT&T saw a spike in iPhone 5 sales while Sprint's activation of iPhones in Q3 was flat. Ironically, the 2012 American Customer Satisfaction Index ranked Sprint first among all national carriers in customer satisfaction and most improved, across all 47 U.S. industries, during the last four years.

In an attempt to shore up its flagging business, Sprint is acquiring PCS broadband spectrum and customers in parts of Illinois, Indiana, Michigan, Missouri and Ohio from smaller wireless competitor U.S. Cellular for $480 million. Sprint CEO Dan Hesse stated that "Acquiring this spectrum will significantly increase Sprint's network capacity and improve the customer experience in several important Midwest markets including Chicago and St. Louis." Even though U.S. Cellular is exiting the Chicago market, its brand name will remain on the city's U.S. Cellular Field stadium and it will maintain its corporate headquarters in the market.

Being acquired by Softbank means Sprint, meanwhile, will officially shed the Nextel part of its corporate name.Continue reading...


Amazon Puts the Hurt (Locker) on Competition

Posted by Mark J. Miller on November 6, 2012 03:29 PM

Heading into last year's year-end holiday selling season, Amazon flexed its muscles and felt some backlash when it provided an app that allowed consumers to find lower prices on any products they found at competing brick-and-mortar retailers. This year, Amazon is finding plenty of new ways to corral consumers as the holiday seasons looms ever closer. One marketing tactic sees the e-tail giant expanding its premium Amazon Prime program. For an extra $8 a month, consumers can get free 2-day shipping, monthly Kindle rentals, and a selection of unlimited streaming video.

And back on the muscle-flexing front, the company just won a legal battle against Apple and such publishers as Simon & Schuster and HarperCollins in Europe, which allows the online retailer to sell online books cheaper than its competitors. Another battle keeping its lawyers busy is for the .cloud domain name, which Amazon wants to secure — but so does Symantec, ARUBA S.p.A., CloudNames AS, and Dash Cedar, among others. 

But don’t think Amazon has completely ditched the brick-and-mortar world. Staples, the largest U.S. office supply retailer, is planning to install Amazon-branded lockers in its stores that would allow consumers to have Amazon packages shipped to their stores for pick-up. Amazon already has similar deals with a few grocery, convenience, and drug stores, including at select D'Agostino, Gristede and Rite-Aid stores in New York.

trademark wars

PepsiCo Lawyers Don't Want Any Bare Naked Branding

Posted by Mark J. Miller on November 2, 2012 10:16 AM

Welshman Simon Doherty owns one of the smallest breweries in Wales, the wee Artisan Brewing Co. in Cardiff, but size doesn’t matter when it comes to trademarks.

PepsiCo's lawyers caught wind Doherty was looking to trademark his “Bare Naked Beer” brand two years ago. The American beverage giant thought it was a little too close to its Naked Juice drinks brand. Apparently, the courts agree as a ruling now prohibits Doherty from using the name on his brews. He needs to make the switch to a new name within the next few months, and is offering 100 bottles of his finest for the winning suggestion (that doesn't use the word "Naked.")

Doherty wasn’t a complete loser on the day, though. “We can’t use the brand mark on our beer anymore but there was no case for using the brand on clothing so at least we won that battle,” Doherty told WalesOnline. “I have still been faced with the cost of representing myself in court, which was not cheap, but if PepsiCo had won outright I would have been facing astronomical costs.”

As Doherty figures out his next move, let's just hope Canada's Barenaked Ladies don't slap their brand on a bottle any time soon. [Oops - Artisan informed us on Twitter it's too late for that.]

name game

Jay-Z and Beyonce Lose Blue Ivy Trademark Fight

Posted by Mark J. Miller on October 23, 2012 02:18 PM

When Jay-Z and Beyonce named their new daughter Blue Ivy back in January, most people said, “What the heck?’ Boston-based entrepreneur Veronica Alexandra, however, was saying something else.

The 32-year-old’s response was more like “Uh-oh.” After all, her wedding and event planning business, which has offices in Florida and Southern California, happened to have the very same name.

So when the music superstars went to trademark the name for their daughter, Alexandra did the same. And now, the Boston Herald reports, she’s won trademark protection for Blue Ivy

“I definitely needed to protect what it is I’ve been living on,” Alexandra told the Herald. “Now it’s time to create the partnerships and business avenues I’m planning on doing, period.”Continue reading...

chew on this

The Hole Truth: Dunkin’ Donuts Eyes Bagel Holes as Munchkin Sidekick

Posted by Mark J. Miller on October 16, 2012 03:09 PM

Dunkin’ Donuts thinks it can have a winner with the bagel centers, just as it did when it turned doughnuts on their glazed heads and created Munchkins, sparking a doughnut hole war in the U.S. with Canada's Timbit-flinging Tim Hortons chain. As spotted by the Boston Globe, the people that brought you America Runs on Dunkin' filed for a “Bagel Bunchkin” trademark back in May and plans to use it to sell bite-size bagel pieces in the U.S.

The chain already has a pretty good lock on bagel sales, as the biggest seller of bagels among quick service restaurants in the U.S. Two years ago, it launched Bagel Twists, but is now looking to expand its bagel offerings. However, it may not be able to move forward with their desired name.

The US Patent and Trademark Office “tentatively rejected the Dunkin’ application, noting that the Fred Meyer Stores supermarket chain already registered the rights to the name ‘The Bagel Bunch’ for its traditional bagel line,” the Globe notes. Dunkin’ Donuts is nearing the end of the time window to appeal.Continue reading...

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