Making a trademark claim memorable and fun

Usually when I write about intellectual property, it concerns technology and/or science disputes but this particular response to an alleged trademark violation amuses me greatly, swipes at a few Canadian stereotypes, and could act as a model for anyone who wants to lodge such protests. Before getting to the video, here are some details bout the dispute from a July 13, 2017 posting by Mike Masnick for Techdirt,

… — a few years ago, there was a virally popular rap song and video, by Brendan “B.Rich” Richmond, called Out for a Rip, spoofing Canadian culture/stereotypes. It got over 12 million views, and has become a bit of an anthem.

So, yeah. Coca Cola is using the phrase “out for a rip” on its Coke bottles and Richmond and his lawyer Kittredge decided the best way to respond was to write a song calling out Coca Cola on this and then recording a whole video. At the end of the video there’s an actual letter (part of which is dictated in the song itself) which is also pretty damn amusing:

Dear Coke,

I represent Brendan (B.Rich) Richmond (a.k.a. Friggin’ Buddy). You jacked his catchphrase, but you already know that.

Buddy owns the registered trademark “OUT FOR A RIP” in Canada (TMA934277). The music video for buddy’s original composition “OUT FOR A RIP” has been viewed more than 12 million times. Canadians associate the phrase “OUT FOR A RIP” with him.

Personally, I’m pretty psyched about this once-in-a-career opportunity to send a demand letter in the form of a rap video. Nonetheless, unlicensed use of OUT FOR A RIP violates my client’s rights. From what I understand, you guys do fairly well for yourselves – at least in comparison to most other multinational corporations, the GDP of most countries, or, say, the average musician, right? No room in your budget to clear IP rights?

Contact me no later than August 1, 2017 to discuss settlement of this matter. If you do not wish to discuss settlement, we require that you immediately cease using the OUT FOR A RIP mark, recall all OUT FOR A RIP bottles, and take immediate steps to preserve all relevant evidence in anticipation of possible litigation.

Rob Kittredege


Here’s the ‘cease and desist’ video,


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