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An article in Thursday’s (3/17, 2011) Wall Street Journal by Jeff Bennett, said Chrysler Group filed suit Tuesday to keep a local group from using “Imported from Detroit” on clothing. They want to stop Moda Group LLC from selling T-shirts and other clothing “branded with the words: Imported From Detroit” in their Pure Detroit store chain. The use of “branded with the words” is an interesting choice of words. A quick trademark search shows the phrase is currently Published for Opposition, or pending a final trademark. The mark is filed in multiple product categories covering everything from key chains to eye glasses. No doubt they plan on using the mark on all kinds of chotchki.
Is something like Imported From Detroit trademarkable? There are all kinds of problems with letting a private firm own a public property like a city’s name. The issue has even boiled over into international legal rights to use product descriptors like Champagne and Parmesan, because they do refer to a specific geographical location. So, is “Imported From Detroit” unique enough to be trademarked? Certainly Made In Detroit would not be. It’s a common usage phrase that is mandatory labeling for many products. But since Imported From Detroit is a turn of words based an import not coming from a foreign country, perhaps it is. It is a phrase that would not come about in ordinary language, unless you’re in another country.
Should Chrysler protect their mark from some little tourist store in Detroit or should they promote its use? Surely, they don’t expect proceeds from Imported From Detroit key chains, hats, and coffee mugs to be a real income machine? By simply allowing its use, they give up ownership, so they’ve got to make the effort. But would they be better off allowing its wide-spread use, as it promotes their products indirectly? You would think so – more awareness they do not have to pay for. Brand building is about building awareness and a set of specific associations. Perhaps the T-shirts are Made In China? Maybe the fashion associations of Chrysler and the Pure Detroit store chain clash. But, free publicity for your brand and your ideas? It seems like a no-brainer. Maybe the real problem was the ad agency seeing the free publicity as a threat to THEIR income stream.
There is no doubt that trademarks are an important part of our world of commerce, especially in an Information Economy where we are competing against low cost labor from other parts of the world. On the other hand, Imported From Detroit seems like something we all should have a right to use, if we have a product made in Detroit. Perhaps that’s a big IF? Regardless, it’s just another example of our ever more branded world.
Contributed by Bill Lippincott, Vice President
