In marketing it sometimes takes flexibility and a leap of faith to infringe on a brand without getting sued

By Wes | December 17th, 2009

Marketing, Olympics, LululemonThere was this one time (at Blog camp) where I wrote a post and a guy in Indiana handed me a cyber-cease and desist order the next day for infringing on his intellectual property. Of course I was flabbergasted as was my employer (a fantastic software development and internet marketing company in Vancouver called Thirdi) and so we thought the best course of action was to cautiously approach this said gentleman with our reaffirming of his brand’s integrity. All ended well in this case as I am one charming guy (it’s my disarming eyes) but for many other people a simple word or phrase, color or graphic can get them in big trouble. Take for example the clash of Vancouver titans Lululemon and VANOC. A recent furor was stirred up by the world famous athletics-yoga clothing company when it launched the new “Cool Sporting Event That Takes Place in British Columbia Between 2009 & 2011 Edition” clothing line in stores across Canada this past Monday. Lululemon did their research and found the legal parameters in which they could launch this tongue in cheek clothing line just months before the main cool sporting event taking place in British Columbia in 2010, the Winter Olympics. VANOC naturally came out firing, with Bill Cooper, director of commercial rights statingĀ  “We see the collection and the marketing activities around the collection as both disappointing and posing significant risk of inflicting harm on the Games” but the Olympic Committee is not pursuing legal action. Most likely because Lululemon did their legal homework and know that no matter how obvious the sardonic wit may be, they still played within the brand rules. It’s a great example of walking the fine line between infringement and association and some may argue that it’s dirty but I think the crowd that’s going to buy these hoodies and shirts will do so because of a kind of reserved protest or cheeky acceptance that now it’s time to support this behemoth event for better or worse. This line isn’t for the rabid Olympic sports fans that collect all things team Canada, this is for those who take the whole thing with a grain of salt I believe. Lululemon has stated openly that it supports team Canada and the Vancouver 2010 Olympics, though one ponders if having lost the opportunity to be an official Team Canada clothing sponsor in two Olympic games by being outbid by the Hudson’s Bay Company has something to do with this whole thing?

Lululemon is lucky, organization like VANOC are like corporate thunderstorms, maybe hurricanes are a better comparison. They start like a tropical depression in the bidding process and then once they have enough fuel they start whipping up support,capital, legal and political power in a frenzy until the games reach their peak; then dissipate from a staff of 30,000 to 0 shortly afterward. Lululemon is fortunate they flirted with the hurricane and got away with it. Just like me and the Sultan (I’m scared to say the whole name for fear of another cease and desist).

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Related posts:

  1. Oh the games we play…technology, sports and Vancouver’s Orwellian Olympics
  2. Vancouver Police buy sonic crowd control device just in time for Olympics
  3. Olympic Games will soon be outdone by Paralympic Games

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  • i must say its a great post very good and informative. thanks for sharing it with us:)
  • coetsee
    Affiliate Marketing is a performance based sales technique used by companies to expand their reach into the internet at low costs. This commission based program allows affiliate marketers to place ads on their websites or other advertising efforts such as email distribution in exchange for payment of a small commission when a sale results.


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  • henrylow
    Affiliate Marketing is a performance based sales technique used by companies to expand their reach into the internet at low costs. This commission based program allows affiliate marketers to place ads on their websites or other advertising efforts such as email distribution in exchange for payment of a small commission when a sale results.
    www.onlineuniversalwork.com
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