My mother recently reminded me of a funny story, and I think it’s the origin story of my interest in trademark law. Apparently, I was influenced by brands before I could read — I became a brand advocate at our kitchen table over a carton of juice.
In my house growing up, orange juice was called “orange juice.”
At my best friend’s house, orange juice had a different name. There, it was “Tropicana.” His mom would ask, “Do you want some Tropicana?” and then pour us each a cup of juice. Tropicana was special – it was what I drank at my best friend’s house, after an afternoon of playing.
Back at home, my mom asked if I wanted some orange juice.
“No,” I said. “I want Tropicana.”
My mom explained that our orange juice was Tropicana.
I didn’t believe her. Our orange juice was just orange juice. Tropicana was something else: something better, something from my friend’s house.
My mom went to the refrigerator, pulled out our juice, and showed me the label. There it was: TROPICANA. It had been in our fridge all along.
I don’t think I could read the word yet, but I certainly recognized the logo. At the time, the logo (which has since changed) was a young girl named “Tropic Ana” holding a bowl of oranges over her head, belly button exposed. Though I didn’t have the words for it, I had just learned something about brands.
A brand is a memory.
I didn’t love Tropicana because of its nutritional content or its price. I loved it because of where I drank it, who I drank it with, and how it made me feel. The name had soaked up all those good memories, and that’s exactly what a strong brand does. It becomes a shortcut to a feeling, and that feeling turns into loyalty.
That’s why I advise clients that trademarks matter. A trademark is the legal tool that lets a business own its name and logo and nurture the trust its brand has earned.
Brands find us early.
As a young child, I wasn’t a consumer making purchases. I just wanted delicious juice. But the TROPICANA brand had already found me. Brands shape our preferences long before we’re old enough to read a label, and they stay with us for decades.
The TROPICANA® brand has certainly stayed with me. I still exclusively drink it today. And some fun trademark facts: TROPICANA is owned by Tropicana Products, Inc. and is the subject of more than 30 federal trademark registrations in the United States alone. The earliest registration covers “quick-frozen orange juice concentrate” and was filed in 1955. That’s decades of careful brand protection behind the juice that we argued about at our kitchen table.
If you’re building a business, remember that your brand is making memories, sometimes with customers who can’t even read!
(Then) (Now)
