These days, everything old seems new again: Disney has resurrected Tron from 1982, and Hello Kitty is just hitting her stride at 35 years old. It may seem like a great time to dig up and polish off a few forgotten brands.
On December 8, Brands USA Holdings will auction approximately 150 “priceless” and forgotten brand names for those who might want to cash in on the latest nostalgia trend. Names like Handi-Wrap, General Instrument, Lucky Whip and Meister Brau will be up for grabs to the highest bidder.
With awareness as the first building block of brand equity, it might seem like brand resurrection would provide an immediate head start in the market. As tempting as it may seem to claim the identity of an abandoned trademark, investors should beware that the residual value of the brand is also its risk.
Abandoned, orphaned or zombie trademarks live in a legal gray zone, as explained in the article The Zombie Trademark: A Windfall and A Pitfall, in the law journal of the International Trademark Association. But consumers of Brand 2.0 would most certainly be confused and disappointed if they are allowed to think that the original product is back on shelves. As with any relationship, I would recommend honesty. Telling consumers that you are recycling another company’s brand is a much better strategy than trying to backpedal from consumers who feel duped.
