Mad Max or a Brand Warrior: HBO's Experience In the Branding Thunderdome

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After a two-year experiment under the MAX trademark, Warner Bros. Discovery is restoring HBO MAX as the brand for its flagship streaming platform. With so many name changes in recent years, it might seem like branding whiplash. But in hindsight, the most recent changes may actually reflect the delicate balancing considerations when introducing an evolving product.

The 2023 move to rebrand under the MAX trademark was widely criticized. Consumers were confused. Industry observers questioned whether HBO was being diluted or sidelined. For a brand synonymous with prestige TV (exemplified in groundbreaking shows from The Sopranos to Succession), dropping “HBO” seemed counterintuitive. But the shift coincided with an influx of general-interest content from Discovery’s portfolio: lifestyle shows, unscripted reality TV, and programming far afield from HBO’s usual fare.

In that light, the use of the MAX mark (and the corresponding distancing from the flagship HBO mark) during this transitional period may have been legally and strategically smart. An established brand sends a message, and the change avoided muddying the message of the core HBO brand by clearly separating the “everything for everyone” experiment from HBO’s long-standing identity as a premium content provider. Had all the Discovery content been pushed under the HBO banner, it might have weakened the mark’s identity and goodwill.

Now, with executives acknowledging that consumers primarily come to the platform for premium HBO content, and with Discovery+ still operating as a standalone option, the return to the HBO MAX mark aligns the brand more closely with its actual user experience. The company has even shifted the app’s color scheme back to HBO’s iconic black and white, walking back the blue branding that accompanied “Max.”

Still, this episode is a cautionary tale. While rebranding can be a useful strategic tool, it carries real legal and commercial risks. Each iteration of a name may require new trademark filings and updates to contracts and marketing materials. More importantly, inconsistent use of a core brand risks weakening its legal protectability. A strong mark like HBO, which was built over decades, must be actively maintained to avoid erosion in the marketplace and in court. Moreover, it isn't clear that consumers haven't attributed the MAX product qualities to the HBO MAX or HBO mark.

Ultimately, Warner Bros. Discovery’s detour through the “Max” post-apocalyptic landscape may be remembered less as a failure and more as a protective maneuver. By testing a broader content strategy under a separate name, the company may have preserved the integrity of its crown jewel. Now, as HBO Max returns to center stage, the potential lesson is clear: In branding, sometimes a temporary retreat is the best way to defend your strongest asset. But just as HBO’s platform is not one-size-fits-all, neither is its strategy. Any time a company is considering rebranding, it should weigh not only its short-term goals, but also the legal and practical implications for trademark strength, consumer perception, and long-term brand equity. A rebrand can offer breathing room during experimentation, but if mishandled, it can blur identity and erode value. The key is knowing when to try a detour and when to stick with Fury Road.

It’s the fourth name change for the app in the last decade.

www.nytimes.com/...

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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