Would you like to know what happens when you shift your focus from your true brand to the words and images that simply represent it? Watch what is happening with the recent lawsuit brought by The Lones Group against The Real Estate Zebra.
I won’t go into the details of the lawsuit here. Others have done a great job of highlighting what is now considered by some a public relations and social media train wreck for The Zebra Report. I think people should protect their trademarks vigorously, if they exist. I certainly wouldn’t argue otherwise. But I also think they should protect their brand with even greater vigor. And I’m not talking about their name or their logo.
What is brand?
This is the definition of brand I hold to. It was first shared with me by Bill Leider. “Your brand is a commonly held set of beliefs about who you are and what you deliver.”
It is what people think of you when they hear your name. It is not your name.
It is what people believe you do for them when they see your logo. It is not your logo.
Your name, your logo, and the colors you choose to represent your brand only serve to bring your true brand to the mind when they are seen or heard. That’s it. They are a mental and emotional trigger. But they are not your true brand. Why are so many coming to the aid of Daniel Rothamel and The Real Estate Zebra? Because of a widespread and commonly held belief about who he is, what he stands for, and what he delivers. There is power in that.
Is your name important? Sure. But it is not your true brand.
Pay attention to your true brand.
AMEN!! I remember our discussion one evening with Bill Leider about the real meaning of BRAND and “branding”…and the message is extremely powerful and makes so much more sense now that we’re seeing people backing up Daniel. I also remember a few of your presentations about brand and it totally going over people’s head…this is a prime example. LONG LIVE THE ZEBRA!
Excellent stuff Jeff. I wouldn’t expect anything less. #savethezebra
Jeff, your awesome at getting to heart of the matter and I think the Zebra’s defense could just read your article and any judge would understand. What I find amazing, and you were polite enough to leave this out, is that the Lone Group is in the business of marketing and branding…for REAL ESTATE AGENTS. Obviously they should have known a little something about brand..?
Lots of people confuse “appearance” with “brand,” Scott. I’m not surprised at all. But I know, for a fact, that Daniel does understand the difference. As Todd said in his post, Daniel doesn’t need the stripes. His brand will remain with or without them.
Well said, and so true. Thanks for the good stuff, Jeff.
This post is a breath of fresh air amongst many of the comments/chatter I’ve seen about this. I felt like nobody was recognizing the legal aspects of trademarks and simply speaking/writing from an emotional position. I enjoyed this post because it introduces solutions to a branding question that involve the survivability of Daniel’s independent of the trademark dispute. Great perspective Jeff.
Christian, Peter, thanks. I think there is a lesson in this drama for everyone.
As always, a well considered post with a great message. There’s nothing wrong with a zebra with no stripes. He’d just be an even more unique zebra.
What you say here also piques my curiosity about those defending Daniel with such negativity. My feeling is it doesn’t bode well for their brands either.
I hope to see our friends the Rothamels come through this unscathed.
You raise a good point, Brad. Everything we say and do impacts our brand. Everything.
Jeff,
Great incite as usual. I too think that the color of your company you where is not important. Today’s consumer is not looking for a brick and mortar building to sell their house, they are looking for SOMEONE, a person, to sell their house. Sure, a brand name still has some influence, but home buyers and sellers today look first at the person not the brand. I have tried for a long time to brand myself and not my company. I feel the company is like a pair of shoes. Something you must have to make you look good, but the shoes are not what make the entire package. They are just an accessory to the complete package. Where funny looking shoes and people will think of you as a clown. Where a nice pair of shoes and they go unnoticed as they should. Brand yourself first..
http://soundbiteblog.com/2011/02/26/the-lones-group-vs-daniel-rothamel-a-plea-for-sanity/
I’m surprised an attorney would take that case. They must have paid a good retainer.
I can’t find it in the Trademark registry.
Lenn
I’m not an attorney, and unfortunately, I also did not stay at a Holiday Inn Express last night, so I don’t have a clue. At all.
Lenn,
You are one of the most knowledgeable people in the industry when it comes to intellectual property issues. You have shared many stories over the years about settlements attached to improper use of your property, notably maps. I’m guessing you hire attorneys who specialize in IP – trademark and copyright.
Denise Lones employs a legal team that deals exclusively with intellectual property. Daniel chose to meet that challenge with an attorney whose web descriptors point to domestic relations and family law. We might be having a different discussion today if he made another choice.
To Jeff’s reference to a holy grail:
“A large fan base does not offer ‘secular immunity’ relative to the rule of law or ethical constraints.” (Quote borrowed from a friend sitting on the sidelines of this drama.)
I don’t think community trumps the rule of law or a code of ethics.
This is so interesting for me because I only know of Denise Lones not of Daniel Rothamel. So I am sitting on the sidelines listening to everyone verbally attack Denise and the Lones Group in wonder. I’ve attended her classes. Her company created my markeing materials in 2005. I know she is a smart woman. She will have the documentation to back up her claims in the court documents.
Debi, I don’t know whether she has a case or not. And I’m sure she is a smart woman, though I think it will be impossible to show any damages in this case, even if she does own the Zebra trademark in real estate. In the end, nobody really wins in this kind of case. This is proving to be particularly true here.
But that’s not why I wrote this post. I think businesses focus all too often on the elements of brand which have little or nothing to do with their success. I believe the holy grail for any brand is community. One thing is certain as this unfolds. Daniel has built a community. That won’t change, regardless of the documentation about the timing of the use of the word Zebra.
And I hope it ends soon. For everyone involved.
The Lones Group is suing for the right to use pictures of Zebras randomly on their web site. Period. She calls herself a marketing expert. Not one logo on her web site current or archived is a zebra. No part of her Brand Name includes the word zebra. No URL includes the word zebra. If this woman is SO SURE that the zebra photographs have brought her business- then why isn’t the zebra in her blog name? Or logo? Or SEO. And she becomes so threatened by an agent across the country who has used the name Real Estate Zebra for better than 5 years that she has to sue? It’s easy to call yourself a marketing expert to people who aren’t professional marketers. But as a Vice President of Marketing for an International Corporation, I can tell you, this emperor isn’t wearing any clothes.
Oh, what the heck. Unfortunately The Lones Group has established, published, and promoted the Zebra for many years. They are a trainer, speaker, marketing kind of group. It appears that Daniel may have over stepped his role as a Real Estate agent into the marketing, speaking, or training field. This firestorm kind of proves that.
Jeff – As usual, I like the way you view things from a different angle. You bring up a good “which came first the chicken or the egg” kind of question – is Daniel known because of the zebra or is the zebra know because of Daniel?
In my case, the name Real Estate Zebra piqued my interest. After I got to know Daniel, I liked him and much like you mention, think of him when I see the visual. Do I think Daniel is a collection of zebra based logos? Certainly not. Do I think of Daniel when I see zebra stripes? Of course I do.
I’ve read several posts about this on-going issue but none has brought as much attention to me like yours have – because it made me think about my branding.
My neighbor – who works in the Marketing field for ages asked me once, Have I ever thought of trademarking my brand.
Seems like a great question now.
This post does bring the matter of branding out, something we should all pay attention to. I fight with it every week for a variety of businesses, and those who piggy back onto our SEO.
What I also know is that it’s Daniel who should have stepped up to the plate to reslove this intrusion. Lawsuits don’t just happen.
http://soundbiteblog.com/2011/02/28/lessons-learned-through-social-media/
As always, I found your post entertaining and insightful. I appreciate you bringing attention to the unfolding story with Daniel and The Lones Group. Though most of the conversation is taking place in real estate circles, the issues raised are relevant in any industry.
Jeff- don’t know how of all the posts on this subject, I just now got to reading yours. So as belated as it is, for what it’s worth – well done. Not like you need the kudos from any of us:-)
I find it fascinating that so many seem to think a piece of paper (of any kind) somehow facilitates brand-awareness. By all means, trademark, file, protect, so long as you understand that at the end of the day, all you will own is the right to those trademark as representations of the brand, but you won’t own your brand, ever – because you can’t, simply because it’s not yours to own in the first place. Once brand maybe ought to be looked at more as gift bestowed on us by those who come in contact with us, whether in our business or personal lives. 🙂
Inna, I took the liberty of editing one of your lines. I like it.
“Our brand ought to be looked at as a gift bestowed on us by those who come into contact with us.”
Excellent advice to Lones Group. They should pay more attention to their reputation than their zebra image. They are going to feel the fall out from this for a very long time. Google has a long memory.
Carmen, my post was an attempt to move the discussion away from the lawsuit to a focus on true brand. They deserve to fight hard to protect their trademark, if they indeed own that trademark. I think we ALL should pay more attention to our true brand than the colors and images that represent it. We’d probably have fewer lawsuits. 🙂
Jeff you are a thought provoking leader true to his principles as always. Thanks for giving us a moral compass check.
kk
p.s. there should be an app for that!
I wish. 🙂
My grandmother always said that a person has three names in life: the name they’re born with, the name they give themselves and the name that everyone else gives them. She would always ask us, “Are you going to named as honest and trustworthy or a cheat and a liar?” Hopefully the name, aka true brand, one makes for themself is the same as the one everyone else gives! I’ll be curious to see the outcome of this whole thing and wish the best to Daniel and his family.
Jeff, You put this so eloquently and I might add–your brand is not merely the colors or the design which one visualizes but, what is felt in one’s heart when they do see it. Did ___ company give me THE best customer service? Did ___ company provide exceptional service above and beyond what I/we expected? If so, that ‘brand’ is going to always be a reminder of a positive chapter in the consumer’s life. (I don’t even WANT to think about the ‘if not…’)!
No doubt about it Jeff. I have not heard if anything happened with this case? I hope Daniel came out on top that’s for sure!
I love it, great way of thinking about branding. Words to live by.
Amen Jeff! You’re so right. Branding is not a logo design, it’s much deeper than that! In my book, Branding for Good, I say a logo is like walking out into the world with only your underwear on! You might laugh, but let’s face it, a lot of businesses put all the emphasis in the branding process on the logo design. I’m grateful the branding community has people like you Jeff who educate on the true matters!