Canadian Rapper Sends Rap Video Cease & Desist Letter To Coca Cola For 'Jacking' His Catchphrase

from the our-for-a-sip? dept

So we've seen some unique and amusing trademark disputes in the past, but this one beats them all. Canadian lawyer Rob Kittredge got to send a rap video cease-and-desist to Coca Cola. Yes, you heard me correctly. A rap video cease and desist. Not a cease and desist letter about a video. The video is the cease and desist letter. Check it out:

And... yes, it appears that Rob is, in fact, the lawyer in the video as well. As background -- if you somehow missed it -- a few years ago, there was a virally popular rap song and video, by Brendan "B.Rich" Richmond, called Out for a Rip, spoofing Canadian culture/stereotypes. It got over 12 million views, and has become a bit of an anthem.

So, yeah. Coca Cola is using the phrase "out for a rip" on its Coke bottles and Richmond and his lawyer Kittredge decided the best way to respond was to write a song calling out Coca Cola on this and then recording a whole video. At the end of the video there's an actual letter (part of which is dictated in the song itself) which is also pretty damn amusing:

Dear Coke,

I represent Brendan (B.Rich) Richmond (a.k.a. Friggin' Buddy). You jacked his catchphrase, but you already know that.

Buddy owns the registered trademark "OUT FOR A RIP" in Canada (TMA934277). The music video for buddy's original composition "OUT FOR A RIP" has been viewed more than 12 million times. Canadians associate the phrase "OUT FOR A RIP" with him.

Personally, I'm pretty psyched about this once-in-a-career opportunity to send a demand letter in the form of a rap video. Nonetheless, unlicensed use of OUT FOR A RIP violates my client's rights. From what I understand, you guys do fairly well for yourselves - at least in comparison to most other multinational corporations, the GDP of most countries, or, say, the average musician, right? No room in your budget to clear IP rights?

Contact me no later than August 1, 2017 to discuss settlement of this matter. If you do not wish to discuss settlement, we require that you immediately cease using the OUT FOR A RIP mark, recall all OUT FOR A RIP bottles, and take immediate steps to preserve all relevant evidence in anticipation of possible litigation.

Regards,
Rob Kittredege

So... yeah. I have no idea if this is a valid trademark claim, though it certainly sounds plausible. The trademark certainly exists, and does cover the phrase on "mugs, coffee mugs, travel mugs, cups, drinking cups and beer steins." I've seen some people complain that "out for a rip" was in common usage going back decades, but in searching for the history of it, the phrase does show up in Urban Dictionary... but entered by "B. Richmond" about a week after the original song was released.

So it certainly seems pretty credible that the public associates the phrase with Brendan Richmond. Either way, I actually think this kind of response is pretty clever, no matter what. Despite being a legal cease and desist, it certainly doesn't come off as bullying -- and actually does a pretty good job of just publicizing Richmond and his music -- no matter what happens with Coca Cola. If Coke is smart -- and I'm hoping its lawyers are -- I would imagine that responding along the lines of what's suggested in the video would be the best way to settle this situation with everyone coming out of it looking good.

Filed Under: b.rich, brendan richmond, cease and desist, out for a rip, out for a sip, rap video, rob kittredge, trademark
Companies: coca cola

The 'Coke Zero' Trademark Madness May Finally Be Coming To An End

from the finally dept

Did you know that Coca-Cola has been attempting to get a trademark on the word "zero" for beverages in the United States for well over a decade? Yes, the most well-known soft-drink maker, which sells a product called 'Coke Zero', first filed for a trademark on the single word in 2003. The fight has been ongoing ever since, with Dr. Pepper Snapple Group opposing the trademark, because, well, lots of other beverage companies use that common word and because of course it did. Oddly, we covered a trademark case a few years back in which Coca-Cola was on the receiving end of a trademark suit over its use of the word, that time from a water company that offered a product it had named 'Naturally Zero.' Of note was Judge John Lee's justification for siding with Coca-Cola in that case:

U.S. District Judge John Lee said that the “Naturally Zero” label straightaway conveys to consumers that the product is without calories or additives, and therefore not suggestive enough to supply a trademark that is inherently distinctive for a beverage label.

That opinion appeared to be a sign of things to come. Coca-Cola had lost its bid to trademark the word "zero" in the U.K. after regulators sided with Pepsi Co.'s opposition. Just weeks ago, as well, the Canadian Intellectual Property Office rejected Coca-Cola's application entirely, reasoning that the use of the word zero was descriptive of the caloric content of the drink. These rulings, along with ongoing challenges by Coke to others using the word for beverage products, have become the setting for what will be an upcoming ruling by the U.S. Trademark Office, which should finally put to rest the dispute between Coke and Dr. Pepper.

Arguments wrapped up in December, after Coke and Dr Pepper logged hundreds of pages of arguments and exhibits in 170 filings with the U.S. trademark office. A ruling could come before the summer, based on past trademark registration disputes, say people familiar with the case.

If Coke prevails, it could more easily sue imitators. If it loses, it could face an onslaught of competitors such as Dr Pepper's Diet Rite Pure Zero, who take the name and dilute a brand that has turned out to be a star for Coke in a game that has been rough going.

I would contend that the above is improperly written, as the barrage of oppositions from and against Coke suggests the onslaught of competition already exists. That should have been expected, because we're talking about the word "zero" here, and in an industry rife with no-calorie drinks, how could that word not be in common usage?

More interesting to me will be to see how the USPTO ruling lines up with our neighbors in the world. There seems to be little sense in arguing anything other than that the word "zero" ought to be free for use rather than locked up behind trademark protections. Should the USPTO rule differently, however, it will serve as a nice and tidy example of just how crazy the office is in leaning towards protectionism as a rule.

Filed Under: coke zero, trademark, zero
Companies: coca cola

DailyDirt: Be Careful What You Ask For

from the urls-we-dig-up dept

The internet can be a rather dangerous place to ask people for suggestions. This is especially true for big brands and pop singers (eg. Taylor Swift's promotional contest that voted for her to play at the Horace Mann school for the deaf) who have a significant number of haters just waiting for an opportunity to troll. Marketing folks have been trying out some experiments in gathering "user generated content" from the internet, and here are a few of cases that didn't go quite as well as planned.

• Coca Cola has apologized for its "Share A Coke" website in South Africa that apparently didn't limit user input to people's names. Filtering user input is a lesson that seems to be re-taught again and again. [url]
• McDonald's asked people to share stories of their favorite memories of the burger chain giant, but not everyone had cheerful, glowing things to say. The #McDStories hashtag was pulled from promotion after just a couple hours. "#McDStories: McDialysis? I'm loving it!" [url]
• Back in 2009, Skittles turned over their main website to anyone on Twitter who simply mentioned "skittles" in their tweets. Was that campaign a success or a failure? Tell us in the comments below.... [url]

If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) Techdirt post via StumbleUpon.

Filed Under: advertising, brands, campaigns, coke, crowdsourcing, marketing, share a coke, skittles, ugc, user generated content
Companies: coca cola, mcdonald's, twitter

DailyDirt: Healthier Sodas Still Aren't That Healthy

from the urls-we-dig-up dept

It's not easy to introduce a new soda (or pop or whatever you like to call carbonated soft drinks). Just try to find a bottle of New Coke, Crystal Pepsi, OK Soda or 7Up Gold -- and those are just the discontinued sodas that had some significant marketing campaigns behind them. The successful introduction of diet sodas has evolved into a trend toward "healthier" sodas with vitamins, minerals, antioxidants, real sugar, no BVO, herbal supplements and all sorts of other ingredients that might provide some kind of health benefit. However, some of these healthy sodas are dying off because consumers don't seem to want sodas that sound too good for you. Here are just a few examples of healthier sodas you might want to try.

• Pepsi Special is a diet soda that contains dextrin -- an indigestible fiber that can make a person feel full and reduce the body's ability to absorb fat from foods. This beverage has recently been approved for sale in Japan, but it's not the only soft drink with dextrin on the Japanese market. (NB: drinking a lot of indigestible fiber might keep you in the bathroom for a bit longer than usual...) [url]
• A few years ago, Coke and Pepsi both introduced "healthy" sodas (Diet Coke Plus and Tava, respectively). These carbonated beverages were fortified with vitamins and minerals, but they didn't quite catch on. [url]
• Coke and Pepsi weren't the first to try adding vitamins and minerals to soda -- in 2004, 7Up Plus hit the shelves a few years before Diet Coke Plus and Tava. 7Up with antioxidants also ran into some problems, and a lawsuit from the Center for Science in the Public Interest made the Dr. Pepper Snapple Group agree to stop adding vitamin E to drinks and claiming to have antioxidant health benefits. [url]

Filed Under: 7up, 7up plus, antioxidants, dextrin, diet coke plus, diet soda, drink, fiber, food, health, minerals, new coke, pepsi special, pop, soda, tava, vitamins
Companies: coca cola, dr pepper snapple group, pepsi

DailyDirt: Keeping Your Food Safe And Sound

from the urls-we-dig-up dept

Nature has devised some convenient ways to protect foods until we're ready to eat them -- bananas have nice yellow peels, grapes come in handy bunches, etc. People have also devised a few interesting packages for food (not just Pringles cans), but there's always some room for improvement. Here are just a few examples of some ways to store food/drinks in interesting ways.

• Almost everyone can recognize an egg carton -- a container design that's well over 50 years old. However, the humble egg carton might still evolve if an "eggbox" design (that can fold flat) gets commercial interest. [url]
• Coca Cola is experimenting with a Coke bottle made of ice, but it's only being sold in Colombia. Looks like a cool idea to have the bottle melt away, but the refrigeration necessary to store the bottles isn't too environmentally friendly. (Also, you have to drink it all in one sitting?) [url]
• You can get a 12-course meal to fit into a can -- and you don't even need a can opener to eat it. The pop-top can contains 12 layers of deliciously compacted food, but you have to be a bit careful about getting everything out so you don't mix up the appetizer with the dessert. [url]

If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) Techdirt post via StumbleUpon.

Filed Under: bottle, coke, container, eggs, food, ice, meal in a can, packaging
Companies: coca cola

DailyDirt: Smarter Soda Machines

from the urls-we-dig-up dept

Water fountains have improved somewhat over the years, but soda machines are really getting quite advanced. Not just limited to refrigerating sugary beverages, these vending machines are going to start tracking consumer behavior and offering some entertainment along with a frosty refreshment. Here are just a few examples of high-tech vending machines trying to connect with customers to sell more soft drinks.

• A Coca-Cola vending machine in South Korea will dispense free Cokes if you dance for your drink. The machine uses a Kinect controller and promises not to make fun of your Gangnam-style moves. [url]
• Intel has demoed a Coke machine that uses one of its Core i7 processors so that it can handle a giant touchscreen interface with interactive videos. Hopefully, the blue screen of death won't inconvenience too many thirsty patrons. [url]
• Vending machines are going to start telling you how many calories are in the beverages they sell. Pretty soon, these machines will also start guessing your BMI and suggesting diet sodas... [url]
• The Coca-Cola Hug Machine was dispensing free drinks to people who hugged the vending machine. Getting to first base with the soda machine didn't offer any additional benefits. [url]

If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) Techdirt post.

Filed Under: beverages, kinect, pop, soda, vending machines
Companies: coca cola, intel

DailyDirt: Endless Rain Into A Paper Cup....

from the urls-we-dig-up dept

It's interesting how packaging can affect the way we consume products and perceive how they taste. Just adding some coloring to foods can make them seem to taste completely different. But changing the color of the packaging might have a similar effect? Here are some interesting packaging changes for some common beverages.

• Boxed wine has gained some acceptance with wine drinkers, but will a slightly smaller version of boxed wine sell well? Taking it to the next logical step, there should be "juice box" size wine boxes coming out, too. Who wants to sip wine through a tiny straw? [url]
• Some folks seem to hate plastic water bottles, so now there's a paper milk carton without milk, filled with water. Looks like ultra-skim milk -- 0% milk. [url]
• Drinking water from a paper cup is okay.. but a paper bottle? Paper water bottles haven't exactly taken over since they were introduced, so... [url]
• Coca-Cola has stopped making its 'White Christmas Cans' after a month of selling them because consumers don't like the new look of the can -- and some people think it tastes different. The white cans also look a bit too much like Diet Coke, so some drinkers are getting a few more calories than they expected. [url]
• To discover more food-related links, check out what's floating around in StumbleUpon. [url]  

By the way, StumbleUpon can also recommend some good Techdirt articles, too.

Filed Under: cans, paper, plastic, water, wine
Companies: coca cola

Who Says Content And Advertising Can't Mix?

from the yet-another-example dept

We've been talking about the fact that content is advertising and advertising is content for a while now, and one of our regular readers, Bill, sent in a neat example of this at work. It's the latest video from the Eepy Bird guys (if you're reading this in a feed reader, you may need to click through to see this): The Eepy Bird guys are, of course, most famous for their Diet Coke + Mentos video which kicked off quite the international phenomenon. One of the less-well-documented aspects was what happened after the video became popular. For a while, neither Coca-Cola nor Mentos was particularly thrilled with the idea of associating themselves with the video. Coca-Cola specifically distanced itself from the phenomenon initially. Mentos took some time, but quickly embraced the phenomenon, agreeing to sponsor future Eepy Bird projects. And, with a little pushing, Coca Cola also came around.

So, now we've got this new video, and it's definitely entertaining. Using hundreds of thousands of Post-It Notes forming paper "slinkies," the video demonstrates that recognition of how advertising and content are becoming one. The video is certainly entertaining and fun to watch -- so it's likely to attract many viewers. However, there's also plenty of advertising built into it as well. First, most obviously, it continues to build up Eepy Bird's reputation for quirky fun video "experiments." But, the video also "debuted" on television on the ABC Family channel as a part of that station's TV show Samurai Girl. So, it was also an advertisement for that show as well as the ABC Family network. On top of that, the video was sponsored by Office Max (who sells Post-It Notes, obviously), but not in a particularly intrusive or annoying manner. And, while it was not overtly sponsored by 3M, you have to imagine that the maker of Post-Its can't be particularly disappointed by the additional publicity. And, oh yeah, the best part is that video also contains a note at the end (not sure if it's an "ad" per se) from... Coca Cola, the very company that had been so hesitant to embrace Eepy Bird.

So, here we have a very entertaining video that doesn't "trick" anyone, isn't intrusive and still helps "advertise" a whole variety of different things without being annoying about it.

Filed Under: ads, advertising is content, content, content is advertising, eepy bird, post-its, samurai girl
Companies: abc, coca cola, mentos, office max