Reporter Tracy Wheeler often writes about complicated medical issues, but a routine story about an exercise program to strengthen abdominal muscles brought an unexpected complaint. The story appeared in Tuesday’s editions of the Akron Beacon Journal. Wheeler reported that a program offered at a Hudson gym was aimed at producing what one woman called “phenomenal abdominals.”
He received a call Friday from an employee at a competing gym who claimed that “phenomenal abdominals” was trademarked by her establishment for its exercise program.
Wheeler asked for some proof that the phrase has been registered as a trademark or service mark, but the newspaper has not yet received any paperwork.
However, trademarks and registered slogans or service marks are legal entities, and the companies behind them are quick to note any misuse.
Manufacturers may employ clip services or other means to monitor the print media’s use of brand names. Letters of complaint are sent whenever the companies believe a brand name has been misused.
Coca-Cola wants to make sure the word “Coke” is always capitalized when it refers to the soft drink; Xerox wants to prevent the use of its brand name as a synonym for photocopy; and a school in Morristown, N.J., wants folks to know that although there are guide and pilot dogs for the blind, only those from the Seeing Eye School qualify to be called Seeing Eye dogs.
The makers of Styrofoam are diligent to make sure the brand is applied only to certain extruded products; Kimberly-Clark doesn’t want “Kleenex” to be used interchangeably with facial tissue; and the National Association of Realtors works to protects its service mark, Realtor, which can be used only by members of the association.
The library at the Beacon Journal has two large volumes listing brand names and their manufacturers. The books are one way of checking whether a word is generic or a brand name.
Hula hoop was once a brand name, but its manufacturer failed to prevent the brand from being used as generic words in popular culture.
Hormel Foods Corp., the maker of the canned meat Spam, is in a similar situation.
Hormel posted a message on its official Web site last week saying it would no longer object to Spam’s double meaning as junk e-mail.
Hormel didn’t completely give up the fight. It asked that the brand name of the meat continue to be capitalized, while the word for junk e-mail would not be.
Those companies have a right to protect trademarks. We’re still awaiting word on whether “phenomenal abdominals” is one of them.
