Here is a perfect case study for the value in conducting trademark clearance searching before launching a new brand or product – or even using a slogan on a product. Except that this case study is the true story of The Gap’s recent t-shirt goof involving the use of the phrase “manifest destiny.” Social media exploded with complaints, t-shirts were pulled from the website, and appologies delivered. But the sting persists.
Going to market blind is always done at the company’s peril. Even if the terms are not going to be used as source indicators in the strictest sense, if there is a word or phrase that will be front and center with customers, companies are well-advised to conduct the appropriate level of due diligence sufficiently prior to launch. This most recent situation with The Gap illustrates the point to a T. (Pun intended.)