Seems plausible that Crip-a-Cola could expect the same treatment from the largest beverage company on Earth. COCA-COLA and DIET COKE are the top two soft drink brands in the world.he ‘CROPA’ term in is confusingly similar in sight and sound to the ‘COCA’ term in, containing the same number of syllables and a similar phonetic impression, which is compounded by the addition of the ‘COLA’ suffix, in and identical manner as the use of COLA suffix.” COCA-COLA brand is the cornerstone of its portfolio, which presently includes fifteen billion dollar brands. is the world’s largest beverage company, serving more than 1.6 billion consumers each day, in more than 200 countries around the world. Can the Crips actually use “Crip-a-Cola?” despite at a minimum, perhaps calling to mind Coca-Cola? While “calling to mind” is not infringement, does Crip-a-Cola step to closely to Coca-Cola, since Coca-Cola is a famous brand, and able to wield the full power of anti-dilution law? What has Coca-Cola done with similar attempts? A good trademark lawyer would investigate and find out: of course, Coca-Cola will protect its corner, just take a look at the mark CropaCola, which popped up in 2014, and which Coca-Cola quickly opposed, on likelihood of confusion and dilution grounds, asserting the following: A good trademark lawyer would have corrected that to a “TM” and filed an intent-to-use application before going live on Netflix (or even to that first farmer’s market).Īnother possible problem a trademark lawyer could have helped with: Clearance. In fact, there isn’t even an application pending! We’ve blogged before about misuse of the trademark registration symbol here (fraud?) and here (false advertising?). The only problem is that it’s not registered. Spoiler alert: The episode proceeds to follow the gang through all of the typical startup business challenges: getting a loan (or at least trying), creating a minimum viable product (needs more sugar), working with a graphic designer (his first time working with a gang), consulting a beverage industry expert (impressed by the polished product), focus-group testing (everyone is afraid or skeptical at first, especially Mario!), advertising (a music video like commercial), and making that first sale (at a local farmer’s market), all while handling a new market rival (Blood Pop soda produced by the Crips’ rival gang, the Bloods).Ĭonsidering everything that went into the episode, and the seriousness of the effort, I was left scratching my head over the obvious, and perhaps true-to-life, startup oversight: where’s the trademark lawyer? I spotted at least four issues where a good trademark lawyer could have really helped.ĭo you see the little circle-R next to the word Crip-a-Cola on the product packaging? That means “registered trademark” and indicates that Crip-a-Cola is federally registered in the United States. The episode begins with Mike asking: How is it possible for Hells Angels, a known biker gang, to sell t-shirts on Amazon? And what’s stopping black gangs from doing the same thing?Īs Mike drives to a trap house in Atlanta to find out, he comments that “even though black gangs … are as well known as the Hells Angels, they haven’t been able to cash in and trademark their brands in the same way.” So he meets with Crips gang members Yayo, Murdo, AC, and Newny to discuss legitimate business ideas, like zipper and button manufacturing, and, eventually, the gang lands on a new brand of soda: Crip-a-Cola.Ĭrip-a-Cola packaging as shown on The Late Show with Stephen Colbert In episode three, “White Gang Privilege,” Mike explores America’s love of the Outlaw, real and imaginary, and typically white: Al Capone, Tony Soprano, Tony Montana, Michael Corleone, Johnny Cash, Gordon Gecko, and Hells Angels, to name a few. Killer Mike of Run the Jewels performing at Pitchfork Chicago on J(Photo Credit: Me) Can a gang become a brand? This is a question asked in the new Netflix show, Trigger Warning, produced by and starring Michael Render, AKA Killer Mike, one half of the Grammy-nominated rap group Run the Jewels.
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