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Blurring Branding: A Case of Monkey See Monkey Do Branding!

By
Services for Real Estate Pros with Napa Consultants DRE00893924

If your aim in luxury real estate or any other branch of real estate is to have the majority of the market share in a niche or specialty, it is important that your brand is hard to blur, in other words hard to imitate. The logo and design should be original in order to prevent someone from copying your brand or colors making slight changes.

 

Blurring in legalese is known as “trademark dilution”. The intent is to confuse the consumer into buying your brand, because it is similar to something that is already familiar. A big firm whose logo has been blurred has the funds to sue and prove that the blurring party is affecting their business and profitability.

 www.luxuryrealestatemarketing.com

Pictured above is a perfect example of blurring in tuna. We have been partial to the Genova Brand of tuna for many years. As we passed the supermarket tuna aisle we noticed that Bumble Bee had rebranded. Prior to discovering Genova, we bought Bumble Bee exclusively.

 

You can see the original can on their website using a blue and white label, the one we were accustomed to. For someone in a hurry, it would be easy to pick up the new Bumble Bee rather than the Genova, especially since they share shelf space with Genova, and vice versa those wanting Bumble Bee may find the wrong brand in their bag when they get home.

 

Prior to starting our own commercial real estate firm in Los Angeles, we were wooed with a deal we could not refuse by a new company located minutes from our home in Brentwood on the Westside. The broker owner had branded his commercial real estate company as Citi-Pacific. He had spent large sums of money on the logo, video, signs, stationary cards, etc. It was intended by his branding company to give him as a new company a perception of legacy. Six months later, he received a nice cease and desist letter from Citi Bank’s law firm. They own the word “citi”. However, they were also willing to reimburse the costs (by providing invoices) he had incurred in branding.  He had to change the spelling to “city”.

 

Recently, a web developer contacted us to ask us to send him business both as a developer and designer. He sent us his recent work for a real estate company/agent. It was clear that the template he used was one we had seen, over and over again.

 

It was a case of fill in the blanks: new agent photo, new location photo (sometimes using the same photo) for another agent in the area. We have seen that same site in the same marketplace done in different colors, and in some cases the same copy. We push both our graphic designer and our web developer to come up with something new and different, every time.

 

If you are tempted to blur to save money, don’t! Someone may send you a cease and desist letter especially if they have the means to do so. Blurring is a slippery slope. Eventually even if they do not sue, they will point out that you have monkey see, monkey do branding. In the case of Bumble Bee, it lowered our previous high esteem of the brand.

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Comments(52)

Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Chris Ann Cleland thank you for your kind words.  It is a form of plagiarism in a sense.  So many monkeys on this planet.  Tonight after the Oscars the dresses worn at the Awards ceremony will be in production copied exactly ready for proms by ABS.  They will be in stores this week.  A

Feb 24, 2019 09:06 AM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Sheila Anderson it happens constantly over and over again...People get a run with this confusing someone, and they start again...A

Feb 24, 2019 09:10 AM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Kathy Streib thank you for putting me in the mix in your Sunday moments.  A

Feb 24, 2019 09:13 AM
Grant Schneider
Performance Development Strategies - Armonk, NY
Your Coach Helping You Create Successful Outcomes

Good afternoon Ron and Alexandra Seigel -  I think I have seen numerous examples of this and also heard of numerous cease and desist--some not a helpful as Citibank.

Feb 24, 2019 12:42 PM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Grant Schneider I think that CitiBank was good enough to research this man's intent.   And our office had quite a few class A office buildings with National Tenants and brands...They opted for good PR rather than making enemies.  A

Feb 24, 2019 01:28 PM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Ron and Alexandra:

Thanks for another valuable marketing lesson! I've not heard of blurring, per se, but certainly have seen it in action. CVS immediately came to mine, as does Office Depot.

I was pretty impressed to hear how a big company like Citi Bank acted - they certainly could have taken a different approach.

I had a letter from an attorney some years ago asking me to remove an article from AR about a new home community I had written about...seems the builder was using the name Montage, which you are no doubt familiar with...it is, of course, copyrighted...and was being sued.

Jeff

Feb 24, 2019 02:32 PM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Jeff Dowler, CRS yes, I am very aware of the folks who have that name.  It is always possible to be nice and  find a way that does not involve legal means.  My fave story is of the then CEO of Southwest, and the CEO of another regional airlines over a name.  They decided to have an arm wrestling match, had invited to the match, donated the tickets to a charity and throw some legal costs.  I cannot remember who fun, however, it was a big win/win for all.  That PR by both companies was great  marketing..A

Feb 24, 2019 03:49 PM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

This was very informative! I hadn't heard of blurring but certainly can understand why it could be a problem. The bottom line is, we need to stay unique and not look like anyone else.

Feb 25, 2019 04:05 AM
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

Good for CitiBank for even caring about the man's intent.  So many would not.  But how did he (or his designers) not do their research and discover the term was protected before spending all that money?  Shoddy work.

Feb 26, 2019 06:16 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

This made me laugh - my husband often comes home with a product he didn't intend to buy.

You mentioned cars - I think they're ALL monkeys. I can't tell one brand from another any more unless I read the logo on the car. Cheap cars look just like expensive cars - at least from the outside.

Feb 26, 2019 09:42 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good afternoon Ron and Alexandra Seigel ,

I was so glad to see your post in Kathy Streib "Ah-ha" moments for the week. I missed it and it's excellent. Blurring occurs on a regular basis. Thank you for yet again an invaluable marketing lesson.

Feb 26, 2019 12:51 PM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Kat Palmiotti Yes, you have to keep it fresh, there are always copycats lurking somewhere.

Feb 26, 2019 01:00 PM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Lise Howe That is what happens when someone does not know what they are doing and does not run a search on name or reserve a trademark... Stupidity I have found is rampant--alive and well, regardless of any profession.  Citi-Bank was smart and using this as a PR opportunity.  The Bean counters understood.  A

Feb 26, 2019 01:02 PM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Marte Cliff exactly, even cat food is doing that...LOL A

Feb 26, 2019 01:03 PM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Dorie Dillard CRS GRI ABR You are always welcome Dorie.  I appreciated your taking time to comment on our post.  A

Feb 26, 2019 01:04 PM
Graziella Bruner
NCS Premier Real Estate - Detroit, MI
Associate Broker - Serving Wayne & Oakland County

Never heard of "Blurring Branding". Learned something new today, thanks for sharing. I'm a "Starkist" fan as well. lol

Feb 27, 2019 03:33 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

Soooo many monkeys...and opportunites for lawsuits !

Mar 22, 2019 07:44 AM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Graziella Bruner it is one of the big problems with brands.  Have you noticed how all cars resemble each other?

Mar 22, 2019 07:50 AM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Sally K. & David L. Hanson yes, the lawyers are happy for that.  A

Mar 22, 2019 07:51 AM
Anonymous
Amit Agarwal

Good Content are using...

Jul 30, 2019 03:44 AM
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