Incontestable
Finnegan's monthly review of essential decisions, key developments, evolving trends in trademark law, and more.
April 2010 Issue

Unregistrable


Portrait of the Artist as an ®

A recent Newsweek piece focused on the evolution of several venerable brand logos from their first quaint incarnations to their sleek current iterations.  Among them was the portrait of Betty Crocker , who, it turns out, began as a stern and foreboding visage during the dark days of the Great Depression, morphed into a Donna Reed doppelganger in the Eisenhower era, and is now, according to Newsweek, a sophisticated amalgam of 20 different contemporary-style archetypes.  Anchoring opposite ends of the Southern symbol spectrum, Colonel Sanders  and Uncle Ben  have undergone similar “makeovers,” and now, to keep up with our culture’s obsession with youth and fitness, present trimmer, more youthful versions of themselves.  Even the Pep Boys Manny, Moe, and Jack have been spruced up.  We wouldn’t be shocked to learn that Manny underwent Lasik surgery and now looks as spiffy as the dapper Jack.  All this reminiscing about famous head shots leaves one to wonder—is the fictitious “face of the brand” a relic of the prior century, ironically destined to fade into oblivion in the Facebook era?  Apart from the “Mr. Opportunity” cartoon spokesman whom Honda trots out every August to hawk end-of-the year bargains, modern brand “figureheads” are few and far between—replaced by minimalist logos more in step with our digital times.  Perhaps the last hold out against this trend towards depersonalized brands is the irrepressible media titan Oprah Winfrey.  It seems Oprah never misses an opportunity to adorn her mug on something.  Even with her epic battles with the bathroom scale, Ms. Winfrey figured out how to become a perpetual “cover girl” by starting her own magazine—O.  And now that she is going prime time with OWN - The Oprah Winfrey Network, the former Queen of Daytime will have limitless opportunities to profit from her portrait.  Who knows, the woman credited with almost single-handedly saving the publishing industry with Oprah’s Book Club might, with her ubiquitous face, accomplish an even greater feat—saving the “headshot” logo from brand oblivion.