In this episode of Naming in the AI Age, Mike Carr and Ashley Elliott discuss how to reduce legal risk in brand naming, using the Smucker’s vs. Trader Joe’s case as an example. They contrast descriptive names like Trader Joe’s Crustless Peanut Butter and Strawberry Jam Sandwiches - clear but hard to protect - with distinctive names like Smucker’s Uncrustables, which are unique and ownable. Mike and Ashley explain that naming strategy should align with business goals: private labels can lean o...
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In this episode of Naming in the AI Age, Mike Carr and Ashley Elliott discuss how to reduce legal risk in brand naming, using the Smucker’s vs. Trader Joe’s case as an example. They contrast descriptive names like Trader Joe’s Crustless Peanut Butter and Strawberry Jam Sandwiches - clear but hard to protect - with distinctive names like Smucker’s Uncrustables, which are unique and ownable. Mike and Ashley explain that naming strategy should align with business goals: private labels can lean o...
Trademark Law and Naming Strategy: Why Distinctive Names Matter
Naming in an AI Age
6 minutes
1 month ago
Trademark Law and Naming Strategy: Why Distinctive Names Matter
The spectrum of distinctiveness explains why some brand names are stronger than others in trademark protection and branding. Generic terms like “milk” or “bread” can never be protected, while descriptive names such as “Quick Print” are weak unless they gain recognition. Suggestive names like Coppertone or Netflix are inherently distinctive, balancing creativity and clarity. Arbitrary marks like Apple for computers are highly protectable but need marketing to link them to the product. At the t...
Naming in an AI Age
In this episode of Naming in the AI Age, Mike Carr and Ashley Elliott discuss how to reduce legal risk in brand naming, using the Smucker’s vs. Trader Joe’s case as an example. They contrast descriptive names like Trader Joe’s Crustless Peanut Butter and Strawberry Jam Sandwiches - clear but hard to protect - with distinctive names like Smucker’s Uncrustables, which are unique and ownable. Mike and Ashley explain that naming strategy should align with business goals: private labels can lean o...
