How to Avoid Getting Sued
Description
In this episode of Naming in the AI Age, Mike Carr and Ashley Elliott discuss how to reduce legal risk in brand naming, using the Smucker’s vs. Trader Joe’s case as an example. They contrast descriptive names like Trader Joe’s Crustless Peanut Butter and Strawberry Jam Sandwiches - clear but hard to protect - with distinctive names like Smucker’s Uncrustables, which are unique and ownable.
Mike and Ashley explain that naming strategy should align with business goals: private labels can lean on descriptive names, while national brands need distinctive ones to stand out. They outline a five-step vetting process—from knockout searches to attorney review—and stress that investing in a thorough clearance process builds both legal protection and lasting brand equity.
Resources:
United States
