No, I'm not talking about how long you can leave food on the floor before you can no longer eat it. I'm talking about what I think is the best way to determine trademark infringement.
Companies spend a lot of money designing their products to stand out and counterfitters make a lot of money stealing designs to trick consumers into buying their product thinking that they're identical. And I'm not just talking about the fake Louis Veton's sold on the sidewalk in Times Square. The item that comes quickest to my mind is dish soap--have you ever noticed that the bottles look similar even though the products differ greatly in their price and effectiveness? If you aren't paying close attention, you can grab the wrong products all over the supermarket. And lawsuits are filed everyday where one company claims that another is using their trademarked shape, coloring, whatever to steal customers.
The Food Network is great for looking for the non-product placement. I'm not exactly sure why many of the stars don't take the money from the companies whose foods they use most, but Rachel Ray was in the spotlight a couple years ago when some fan asked what brands of food she uses and she had to admt that the Food Network makes up (rather elaborate) labels for the products. Some of the stars don't go so far, they just keep all the products turned just right so you can't see the label, or print out something very generic with no pretenses of hiding the fact that they aren't product placements. This was where I came up with the 3 second rule. Can you, after viewing an item for just 3 seconds or less, identify the brand?
It would save a lot of money and headaches in court, honestly, because it's a yes or no question that anyone could answer. If the answer is yes, and the question is ambiguous, then it's just a matter of locating the paperwork for who trademarked first. The problem with courts is that they stare at the products for so long that they will look different which complicates the matter. The counterfitters aren't stupid and they're not going to make it an identical unless they are trying to pass off a fake LV. But shaping and coloring the storebrand peanut butter to look like Jiff when you glance at it? That's what the game is. So if the goal of advertisers is to reel you in at the first glance, why would you try to solve the problem (if it is a problem) by staring at it for two weeks straight (or more).
I actually don't care whether companies spend their money in court debating whether it was anothers intent to color their soap the exact same shade as the national brand. But as a consumer, I look at this as a way to tell companies that I'm not fooled. I watch the Food Network, sometimes, just to find the products. Maybe I could get a job with one of those food companies that owns our stomachs where all I do is use the 3 second rule to tell them that they should ask for payment to use their products.
But seriously, what is it about the Food Network stars that keeps them from endorsing all the products that they use?! I mean, they're trying to convince me that they're making and eating the best thing ever, but they won't tell me what items they think are the best? Is it any wonder that I like America's Test Kitchen and Cook's Country (and yes, they're the same show essentially--I'm not sure what the difference is, exactly, except for a couple different hosts)--they tell me EXACTLY what the best choices are...or the second best if the first is insanely expensive. The Food Network stars like to sell me their products...but the only item I've ever seen ATK and CC like that were celebrity produced is Mario Batali's pizza cutter (oddly enough, it was on the episode I saw today).
Companies spend a lot of money designing their products to stand out and counterfitters make a lot of money stealing designs to trick consumers into buying their product thinking that they're identical. And I'm not just talking about the fake Louis Veton's sold on the sidewalk in Times Square. The item that comes quickest to my mind is dish soap--have you ever noticed that the bottles look similar even though the products differ greatly in their price and effectiveness? If you aren't paying close attention, you can grab the wrong products all over the supermarket. And lawsuits are filed everyday where one company claims that another is using their trademarked shape, coloring, whatever to steal customers.
The Food Network is great for looking for the non-product placement. I'm not exactly sure why many of the stars don't take the money from the companies whose foods they use most, but Rachel Ray was in the spotlight a couple years ago when some fan asked what brands of food she uses and she had to admt that the Food Network makes up (rather elaborate) labels for the products. Some of the stars don't go so far, they just keep all the products turned just right so you can't see the label, or print out something very generic with no pretenses of hiding the fact that they aren't product placements. This was where I came up with the 3 second rule. Can you, after viewing an item for just 3 seconds or less, identify the brand?
It would save a lot of money and headaches in court, honestly, because it's a yes or no question that anyone could answer. If the answer is yes, and the question is ambiguous, then it's just a matter of locating the paperwork for who trademarked first. The problem with courts is that they stare at the products for so long that they will look different which complicates the matter. The counterfitters aren't stupid and they're not going to make it an identical unless they are trying to pass off a fake LV. But shaping and coloring the storebrand peanut butter to look like Jiff when you glance at it? That's what the game is. So if the goal of advertisers is to reel you in at the first glance, why would you try to solve the problem (if it is a problem) by staring at it for two weeks straight (or more).
I actually don't care whether companies spend their money in court debating whether it was anothers intent to color their soap the exact same shade as the national brand. But as a consumer, I look at this as a way to tell companies that I'm not fooled. I watch the Food Network, sometimes, just to find the products. Maybe I could get a job with one of those food companies that owns our stomachs where all I do is use the 3 second rule to tell them that they should ask for payment to use their products.
But seriously, what is it about the Food Network stars that keeps them from endorsing all the products that they use?! I mean, they're trying to convince me that they're making and eating the best thing ever, but they won't tell me what items they think are the best? Is it any wonder that I like America's Test Kitchen and Cook's Country (and yes, they're the same show essentially--I'm not sure what the difference is, exactly, except for a couple different hosts)--they tell me EXACTLY what the best choices are...or the second best if the first is insanely expensive. The Food Network stars like to sell me their products...but the only item I've ever seen ATK and CC like that were celebrity produced is Mario Batali's pizza cutter (oddly enough, it was on the episode I saw today).
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