“If it’s ‘out there’, don’t we own it?”
Well, it depends. To claim a ‘level of distinctiveness’, it’s usually down to time, and the rule of thumb is seven years. Use a logo for that amount of time, consistently, that people can see and recognise and you begin to establish some ownership of that idea. There are certain ways around this, usually for global brands that can establish a new ‘look’ quite fast. British TV channel, Channel Four, were initially faced with issues because on paper, ‘channel four’ is a generic name, so inherently hard to register. But they were granted an exemption because they were quickly able to demonstrate ownership.
It’s probably easier to create heavily adorned mash-up than it is to produce a Field Notes notebook. Stripping away the artifice doesn’t always leave something pure. It often creates banality, the simple commodity that’s easy to buy cheaper one click away. […]
If Nike announced that they were opening a hotel, you’d have a pretty good guess about what it would be like. But if Hyatt announced that they were going to start making shoes, you would have NO IDEA WHATSOEVER what those shoes would be like. That’s because Nike owns a brand and Hyatt simply owns real estate.