What’s in a name? In the marketing world, there’s only one answer: just about everything. Whether you’re naming a company, a new break-out product, or a product upgrade in your best-selling line, you’ll want a name that is not only memorable, but distinctive. And once you’ve thought up that name, the best way to keep it one of a kind and entirely your own is to trademark it.

Chances are, however, if you’ve thought up a fabulous name that fits your product perfectly, another person has thought up that same name — or one really, really like it — for their product. And if they’ve already registered a trademark incorporating this name, they have the exclusive right to use it in connection with the goods and kind of business they listed when they registered ownership. So your fabulous name may be taken.

No problem, you think. I’ll just change the spelling, switch up the capitalization and add an ampersand. That will make the name different enough, right?

Maybe. But maybe not. And probably not, if your product is a lot like the product whose name is part of a registered trademark.

Unfortunately for you, trademark ownership includes the right to challenge anyone else using a name or mark that the owner thinks will cause confusion in the marketplace. So if you name your newest dishwashing soap Pyure & Karing thinking that it won’t be confused with Palmolive® pure + caring™, your people may be getting a call from Colgate-Palmolive’s people.

How can you avoid calls like that one? At Go East, we always advise our clients to consult an experienced lawyer; that’s our first and best advice. In the meantime, here are five things to consider:

1. Consider your proposed name in its entirety, paying attention to appearance, sound, connotation and commercial impression. You’ll probably want to ensure that yours is as different in as many respects as possible from other live trademarks.

2. How distinctive is the trademark that’s already in the marketplace? The more distinctive it is, the more likely it may be that a similar name you put forward will be challenged.

3. How popular or famous is the product associated with the trademark that’s already active? The more popular or famous the product, the more likely it may be that your similar name will be challenged, especially if your product is similar in nature.

4. Consider where you will sell your product. How likely is it that the owner of a trademark similar to your proposed name will expand into your market? The more likely this is, the more thinking you should probably do.

5. Is your target audience impulse shoppers or sophisticated purchasers? Similarly named products are usually less likely to be confused if one is meant to be grabbed at the check-out counter and the other is parked in a richly carpeted showroom.

With these things in mind, let the naming begin! And don’t forget to call your lawyer.

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I have recently experienced two occasions in which one person has questioned another person’s participation in a photo shoot. In each case, the conflict was avoidable. If everyone knows WHY they are there and everyone knows WHAT’S expected of them, people on a shoot can work together to create a smooth process and a successful outcome.

The roles outlined below give general guidelines. Every shoot is different and open communication between client, agency and photographer will lead to clear expectations and stronger partnerships.

Client:
The client’s role is to ensure that the brand is clearly demonstrated and that, from a positioning and technical standpoint, the product is used correctly. When questions or concerns arise, the client should take them to the agency.

Agency:
The photo director and account supervisor work jointly as the liaisons between the client and photographer, and each has specific tasks. The photo director ensures that the brand is brought to life through a clear, strong photographic vision and determines excellence through composition, color, propping, talent and lighting direction. In addition, the director ensures that the tactical needs for the photos are met, taking into account size, layout and other design concerns. The account supervisor’s role is to ensure that the brand and project objectives are met. This person holds everyone accountable to meet budget and timing expectations.

Photographer:
The photographer’s role is to ensure that all photos will meet the expectations of the brand as outlined by the photo director. The photographer’s talent, vision and skill determine the composition, color, lighting, style, contrast and other technical aspects of photography. The photographer also directs the post-production of photos to ensure that all files meet the project’s objectives.

The photographer often works with a producer who is responsible for the overall organization and management of the photo shoot. A producer secures locations, casting and propping, and hires prop masters, location scouts, talent or other necessary experts. The producer also creates and manages the photographer’s budget and timeline, as well as manages the photographer’s crew, including assistants, stylists, set builders, caterers, etc.

Stylist:
The stylist is responsible for making the model or objects in the photo look their best in order to create visual impact and meet the project’s objectives. The stylist may work with sets, props and food, as well as the model’s hair, makeup and wardrobe.

While understanding and sticking to these roles won’t eliminate friction, it can help reduce it. And while it may be tempting, cutting out roles or multi-tasking doesn’t pay in the end. In tight, tense and sometimes expensive situations like photo shoots, each player brings valuable skills and vision, all of which contribute to any shoot’s success.

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In prosperous times, a company’s anniversary is celebrated with lavish events, tchochkies and the addition of a numeric icon to the logo. But in a troubled economy, a company’s anniversary can, and I argue should, take on a new meaning. It no longer is just a reason to celebrate but a way to create a sense of confidence in the company. This confidence is comforting to both employees and customers, instilling a sense of loyalty that is even more important in down times.

The other day, I heard a radio ad celebrating the 60th anniversary of Schneiderman’s Furniture. They aren’t having a blowout sale. Instead, they used their ad dollars to explain their humble beginnings and the evolution that has taken place over the last 60 years. They credited their dedicated employees for superior customer service and thanked their customers for decades of patronage.

Even in today’s economy, this heartfelt message hit me harder than a 50% off sale would have. I mentally compared them to my perceptions of the national furniture chains and felt a sudden connection with the local company. In an era when big box stores are filing chapter 11 and gift cards are being rendered useless, knowing that they have been around for the last 60 years makes me feel confident that they are dedicated to being here for the next 60.

So while budgets are cut, don’t automatically write-off the importance of celebrating your anniversary. If positioned appropriately for today’s economic climate, it can go a long way towards instilling confidence with your employees and customers. With any luck they will return the warm feelings with a sense of loyalty that will see you through the hard times.

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This Saturday is Museum Day, where you can get a free pass for two to any of the following locations:

Bell Museum of Natural History
Carver County Historical Society
Gibbs Museum of Pioneer and Dakotah Life
Marjorie McNeely Conservatory
Meeker County Historical Society Museum & G.A.R. Hall
Minneapolis Institute of Arts
Minnesota Center for Book Arts
Minnesota Landscape Arboretum
Minnesota Zoo
Stearns History Museum

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