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My latest update on the saga between @barstoolsports and @callherdaddy. @tokenCEO and @EKANardini just published another podcast.
Biggest takeaway: Barstool Sports views itself as an intellectual property company similar to Disney or Viacom.
Notes
https://podcasts.apple.com/us/podcast/why-call-her-daddy-wants-ip/id1503065691?i=1000475083771 https://twitter.com/amlewis4/status/1262575216544358403
Biggest takeaway: Barstool Sports views itself as an intellectual property company similar to Disney or Viacom.
Notes
https://podcasts.apple.com/us/podcast/why-call-her-daddy-wants-ip/id1503065691?i=1000475083771 https://twitter.com/amlewis4/status/1262575216544358403
What is Intellectual Property?
• 4 types of IP: trademark, copyright, trade secret, and patent
• Barstool Sports cares the most about trademarks and copyright
• 4 types of IP: trademark, copyright, trade secret, and patent
• Barstool Sports cares the most about trademarks and copyright
Why is IP important?
• Value that is accrued in a brand is accrued in the IP
• Barstool cares the most about owning the brand
• They invest millions in marketing, resources and time to build a brand so logically they should also own it
• Value that is accrued in a brand is accrued in the IP
• Barstool cares the most about owning the brand
• They invest millions in marketing, resources and time to build a brand so logically they should also own it
Why Do Companies Protect IP?
• If a company doesn't own their IP, they can't profit off of the brand
• IP law is the foundation for protecting a brand and companies will go to extreme lengths to protect it
• If a company doesn't own their IP, they can't profit off of the brand
• IP law is the foundation for protecting a brand and companies will go to extreme lengths to protect it
Why Do Companies Protect IP? (Part 2)
• A trademark establishes a clear relationship between a brand and it's owner
• No else can launch under that brand
• Barstool Sports is owned by Barstool Sports and no one else can profit off of it
• A trademark establishes a clear relationship between a brand and it's owner
• No else can launch under that brand
• Barstool Sports is owned by Barstool Sports and no one else can profit off of it
The NFL Enforcement Example
• The NFL is known to go to extreme lengths for protecting trademarks
• They threatened to sue Shopify by making vague claims about a merchant using the word Super Bowl for a parody product https://www.eff.org/deeplinks/2020/01/same-old-nfl-league-abuses-trademark-shut-down-new-york-jets-parody-store
• The NFL is known to go to extreme lengths for protecting trademarks
• They threatened to sue Shopify by making vague claims about a merchant using the word Super Bowl for a parody product https://www.eff.org/deeplinks/2020/01/same-old-nfl-league-abuses-trademark-shut-down-new-york-jets-parody-store
What is a Strong Trademark?
• Brand and name is really unique
• Think Nike, Google, Adidas
• No descriptive words are used to describe it
• Brand and name is really unique
• Think Nike, Google, Adidas
• No descriptive words are used to describe it
What is a Weak Trademark?
• Descriptive words are used to describe it
• For example, you can't trademark Vodka Soda Drink, but you can trademark Call Her Daddy Vodka
• Descriptive words are used to describe it
• For example, you can't trademark Vodka Soda Drink, but you can trademark Call Her Daddy Vodka
Coca-Cola Example
• Sometimes a brand becomes so valuable you can't even use the name for another product category
• For example, Coca-Cola is a beverage, but you couldn't receive a trademark for Coca-Cola cleaning supplies because someone would think you are using the drink
• Sometimes a brand becomes so valuable you can't even use the name for another product category
• For example, Coca-Cola is a beverage, but you couldn't receive a trademark for Coca-Cola cleaning supplies because someone would think you are using the drink
Generic Trademarks
• Sometimes a brand becomes so powerful, it becomes generic
• Aspirin, dry ice, and elevators are examples of this phenomenon
• Brands will spend millions to prevent this. Eg, Google (link) https://www.gerbenlaw.com/blog/court-google-not-a-generic-trademark-lessons-trademark-owners-should-learn-about-genericide/
• Sometimes a brand becomes so powerful, it becomes generic
• Aspirin, dry ice, and elevators are examples of this phenomenon
• Brands will spend millions to prevent this. Eg, Google (link
) https://www.gerbenlaw.com/blog/court-google-not-a-generic-trademark-lessons-trademark-owners-should-learn-about-genericide/
Trademarks Are About Branding
• Who they are?
• What they stand for?
• How people and brands interact with them?
• Who they are?
• What they stand for?
• How people and brands interact with them?
Barstool is an IP company
• Barstool thinks of itself like Disney or Viacom
• These companies make billions off of products associated with their brands
• Disney amusement parks generated $7B in revenue in 2019
• Barstool thinks of itself like Disney or Viacom
• These companies make billions off of products associated with their brands
• Disney amusement parks generated $7B in revenue in 2019
The Importance of Branding
• Brands should stand for something
• If you see a high-end brand in a low-end store or vice versa, you make a judgment
• Barstool Sports cares deeply about its brands and who is associated with them
• Brands should stand for something
• If you see a high-end brand in a low-end store or vice versa, you make a judgment
• Barstool Sports cares deeply about its brands and who is associated with them
I previously wrote a blog post about these concepts when I wrote about @helena and @drinkhaus.
Read it https://www.arilewis.com/writing/marketingxyz-48d3g
Read it
https://www.arilewis.com/writing/marketingxyz-48d3g
