Baldwins
Added: Jan 31, 2012
The modern world has become so clogged with sensory stimulation that businesses are resorting to shock advertising tactics or “shockvertising” to differentiate their products. Polarising vignettes capture the attention of buyers, evoke reactions and can equate to big profits. For example, the tongue-in-cheek slogans which are now synonymous with [New Zealand beer brand] Tui’s “Yeah Right” campaign has heightened awareness of the brand and help drive sales. It is, therefore, unsurprising that businesses are increasingly turning to controversial branding for memorability.
The Australian Intellectual Property office has recently drawn media attention to “offensive” trade marks after it accepted the trade mark NUCKIN FUTS for a snack containing nuts for registration. Section 42 of the Australian Trade Marks Act requires the Registrar to reject any mark which is regarded as shameful, offensive or shocking to the ordinary person. Following an assessment as to how the “ordinary person” with neither thick nor very thin skin would perceive the mark, NUCKIN FUTS was initially rejected as an “obvious spoonerism” and therefore shameful and inappropriate.