Tag Archives: Zumba

Zumba: Anatomy Of A Successful Brand

Zumba is a dance fitness program that has taken the world by storm.

It has become many people’s favoured way of getting fit with as many as 14 million taking weekly Zumba classes, meaning that it has become one of the biggest branded fitness programs in the world.

However, Zumba does not stop at classes.  It runs instructor training courses, sells its own apparel, soundtracks, and merchandise, has its own Z-life magazine, and has even become a video game so that people can take part in its classes from the comfort of their own home (and without fear of judgemental eyes watching all those wrong moves!)

Zumba is much more than simply a fitness program- it has become a brand and a successful one at that.

The fascination with Zumba has become almost like a cult.  In a previous piece, I mentioned how desirable it is for a brand to attain cult status.

A lot of people get fanatical about it. For people who are looking for something in their lives, it offers a closeness, a sense of belonging, a family aspect that you don’t get in a gym’.

It has become something of a lifestyle brand that promotes Zumba’s vision of ‘health and happiness, and of loving everything you do, especially your workout’.

Rather than just fitness, Zumba sells this emotion and feeling of freedom with its powerful tagline ‘Ditch the workout, join the party’.

One thing I want to point out is the importance of the choice of name to Zumba’s success. The original name was Rumbacize, a combination of rumba (“to party” in Spanish, and a musical style and dance name), and Jazzercize. However, that name couldn’t work as I’m sure Zumba found out, so it changed to Zumba

A Lot of Zumba’s Success is Down to Choosing the Right Name

The name ‘Zumba’ has become synonymous with this emotion of freedom and that is why people looking for a dance class might choose a Zumba dance rather than the range of other dance classes available in the market.

It is also what attracts people to buy Zumba branded apparel, soundtracks, and other merchandise because people are buying into this feeling of freedom that is encapsulated by the Zumba name.

Although much of the business’ success has been down to the way it has created and developed its brand, and its success in really connecting to its audience on a level that no other fitness program has done, the choice of name also plays an integral part.

Its choice from a legal perspective has enabled the company to profit from its brand.

The name is also an extremely powerful choice from a branding point of view as well.

Not only is it distinctive, originating as a made-up word, but the actual sound of the name helps to reinforce the image of fun, energy, and freedom that the branding communicates.

Interbrand, discussing brand names from a linguistics point of view, points out that names starting with the letter Z often ‘evoke speed energy or precision’.  This is because the ‘z’ sound is quick and crisp.

Often people don’t realise that names can be highly evocative and the right name can stick in the mind of a customer. With its wide reach and a broad range of products, having a name that is catchy, memorable and well-suited, has been instrumental to Zumba’s success.

A lot can be learnt from Zumba about effective branding.

Not only does it demonstrate the power of creating a brand that goes beyond the product or service you provide- that really connects with your customers, but it also demonstrates how a name can be an effective tool within this branding process. The choice of name can lead to disasters for businesses, and a good choice of name is useless if the name is not capable of achieving a company’s vision.

The Name

Imagine if Zumba had stuck with its original name of Rumbacize or had opted for a less distinctive name.

People are often drawn to descriptive names that tell the world what kind of activity or product the business behind the name offers.  While a name like Rumbacize, if available as a trade mark, is distinctive rather than descriptive, and could potentially be registered as a trade mark, a name like ‘New Latin Dance’ would have been descriptive and incapable of functioning as a trade mark.  Not only is this a boring, impersonal name, but it is also legally ineffective as discussed here.

If you think about it, a descriptive name is the equivalent of not giving something a name. New Latin Dance does not sound as good as Rumbacize or  Zumba, but it’s not just about whether a name sounds good.  There are also powerful legal reasons why a descriptive name should be avoided.  The wrong name would limit a business’ development too. Rumbacize would have limited Zumba’s expansion plans.

Names matter because they are the way in which the law protects a business against various unfair competitive practices.  Specifically, the name is key in determining the extent to which you can control the use of a name.  The law does not give a business much control over who uses a descriptive name.  It’s free for everyone to use.

Therefore, names that describe the activity of the business, such as New Latin Dance, are not capable of functioning as a trademark.  The practical impact of this would be felt by a Zumba type business because it would be difficult, if not impossible, to stop others also using the name, and all sorts of different providers would have been able to call their classes by that name.

Suggestive names

But even if the founders had stuck to their original choice of Rumbacize, which is not descriptive, but is suggestive of the activity, and capable of being trademarked, they would still have found it difficult to control the use of the name.

While suggestive names can be an extremely good choices in some circumstances, they are unsuitable for some business situations.  For a Zumba style business which has ambitions to extend its reach internationally and to other areas of business activity, such as films, magazines, videos, clothing, and other merchandise, as Zumba has done, a distinctive made-up name is essential.

So, the question of how effective a given name would be for your plans depends on your plans.  The point I want to emphasise is that a name raises a number of legal issues, and should never be finalised without consulting a specialist brand lawyer.

Where a name leans too far in the direction of descriptiveness, bear in mind that even though you may secure a trademark over it, you may find it harder to enforce your rights.  You may have to spend a lot of time and money and even then would find it difficult to prevent others from using variations of your name.  That is why the EasyGroup spends far more money on litigation to try to control the use of their name than does Ryan Air.

Why does such control matter anyway?

Through having a name that is highly distinctive and trademarking it, Zumba is able to control who uses its name, meaning it can stop competitors offering similar products under similar names. It can license its programs so that those who want to provide Zumba classes may do so.

Zumba has become much more than just a dance program.  As mentioned, the choice of name has contributed to the company’s success giving it exclusive rights over the name in many different categories.  The company’s ability to trademark its unique name in a number of categories is the reason why it is able to generate additional revenue from the brand.

How seeking an early trademark contributed to Zumba’s success

Not only did Zumba choose the right kind of name, but if it had failed to register a trademark when the dance took off, the rapid success of the dance could have rendered its name generic, jeopardising the founders’ chances of registering a trademark.

For similar reasons, Microsoft nearly lost the chance to register its Windows name, having waited five years to file a trademark application, by which time it was considered ‘merely descriptive’ in relation to computer software, nearly destroying Window’s brand equity.

Microsoft eventually secured a registration, but would a new company have had the resources of Microsoft to pursue its case?

The significance of a trademark

Failure to appreciate the critical role of trade marks when choosing a name, and clearing it before registering the name as a trademark are essential ingredients to creating a brand.  If the name isn’t registered while you’re getting visual designs done then anyone could freely use the name in relation to their goods and services, meaning Zumba could not have used the name or stopped its use by others. The wrong name would have also reduced Zumba’s ability to expand. It would have remained a small scale short term business rather than the massive brand that it’s become today.

This demonstrates how the value of a brand is in its name.  From that, licensing and other opportunities flow.

Conclusion

If you don’t have a name that matches your business plans and don’t take the right actions to clear and protect it you’re leaving yourself vulnerable during any branding exercise.  The name is key to reaching your goals if they involve achieving a big scalable business so make sure you involve an experience brand lawyer at an early stage.

Protection of television formats - The Great British Bake Off

Protection Of Television Formats – The Great British Bake Off

Protection of television formats - The Great British Bake OffThe Great British Bake Off isn’t just clever when it comes to cakes. By protecting its IP, it has been able to secure a fortune in licensing.

The other day I met someone who told me that she had been advised that it is not possible “to have copyright in an idea”. As a result, she had given up trying to turn her idea for a programme into reality as she would not be able to secure legal protection over it.

What is protectable

It strikes me that two separate issues are being mixed up here: protection of an idea and protection of a concept that turns into something tangible.

As a general rule ideas cannot be protected other than through the law of confidentiality. So, if a party to whom you wish to disclose an idea is unwilling to sign a confidentiality agreement, (or NDA as it’s often called), there will be little you can do if that party runs off with your idea.

In contrast, once a concept is turned into something tangible like a television programme it is possible to obtain powerful protection for it, in the same way as businesses can.

The intellectual property that affords powerful protection

Protection relies first of all on having a distinctive name. Programmes such as Hotel Insprector are poorly named, as they are too descriptive. It is not possible to have trade mark rights over such names. Even if it had a trade marked name, it would be impossible to stop others putting on separate shows using the concept of an expert visiting and suggesting improvements to failing businesses. So, the Hotel Inspector has led to others running with similar concepts and setting up programmes such as Restaurant Inspector and Business Inspector.

The same goes for business formats such as Air B&B; you can’t stop others copying the concept and setting up competing businesses.  But, if you have a distinctive name, at least you will be memorable and can stop competitors using the same or even similar names.

How the Great British Bake Off is protected

An example of a television programme that has protected its intellectual property is the The Great British Bake Off. The show’s producers, Love Productions, protected their IP and have reaped the rewards through a lucrative licensing deal worth millions of pounds.

This was the subject of a recent Guardian article, Great British Bake Off: when iced buns meet intellectual property.

Interestingly, as soon as the programme was launched in 2010, the company filed its trade mark covering a number of classes. Some of them were poorly chosen, but this is unsurprising given that the company did its own trade marking.

Once they were more confident of the progamme’s future success they appointed representatives to file in 8 classes to protect spin offs and merchandise. For example, the company registered in class 9 to protect computer games and other software, in class 16 for various stationery and paper products and in class 28 for toys.

To support its licensing deals, these registrations would have been internationalised in order to extend protection to other countries such as the USA.

Other intellectual property

As well as the Bake Off brand, the company is likely to be licensing its know-how for creating the show and making it a success. Licensees would be given the benefit of its experience in setting tasks and judging completion of the contestants’ tasks. The licensing deal would be likely to include copyright in the programme’s theme tune and its list of cooking tasks.The more intellectual property rights that can be packaged up together, the stronger the protection for the owners of the licence.

In conclusion, if you want to monetise your successful concepts, be they business formats such as Zumba, or television formats such as the Great British Bake Off, it is essential to put in place the right protections. That way you have the full range intellectual property protection to underpin your licensing deals.

What is Intellectual Property Part 2

What is Intellectual Property? A Guide for Start Ups (Part 2 of 2)

What is Intellectual Property Part 2In this second blog post for ambitious start-ups during global entrepreneurship week, I focus on names, copyright and designs, as well as know how.

In the first blog post, What is Intellectual Property? A Guide for Start Ups (Part 1 of 2), I looked at patents and trade secrets.

There is much a well-informed start-up can do to protect its IP without spending a lot of money. The trick is having an IP strategy and knowing how to manage IP issues.

IP issues for names

As mentioned in an earlier blog, a start-up is not free to choose whatever name it likes. There are legal considerations to take into account. Finding a name that is available to use can be difficult due to the sheer volume of existing trademark registrations, and the fact that similar names are a problem.

For example, as discussed in our blog post, Facebook Users Mourning the Removal of Scrabulous, the name “Scrabulous” was too similar to “Scrabble”. As a result, the Scrabulous Facebook App which had attracted thousands of followers had to rebrand.

Trademark clearance checks are necessary to avoid infringing on the rights of others. While you can do some basic checks yourself, you need advice from a good trademark lawyer before you settle on a name. Names are an important way in which the law protects a business, so it is worth taking time to pick a good, legally effective one.

Once the name is picked, and checked – this might involve international searches if your business is going to be online – you need to register a trademark. You also need to be ready to extend that registration internationally.  Registration can be costly, so a business without a budget for IP would do well to delay choosing its ultimate brand name.

Disasters due to ill-advised name choices

Trademark disasters can befall any business, even multinationals such as Microsoft. Microsoft was forced to rename its cloud storage service SkyDrive to OneDrive following a trademark infringement dispute with BSkyB. Start-ups face similar problems all too often, they just don’t attract media attention. An important difference between start-ups and the Apples, Amazons, and Microsofts of this world is that start-ups lack the resources to get themselves out of trouble.

If a start-up has to rebrand for infringing on the rights of others it could sink altogether. As I explained in my blog post, Rebranding: Legal Issues you can’t afford to ignore, don’t shrug off the risks by assuming you will just rebrand if it comes to it. A rebrand involves changing everything at short notice and it will rarely be possible to divert customers from your old URL to the new one. Taking a risk over your name is a gamble – not a sensible business decision.

To avoid problems it is best to go with a temporary name initially. The time to focus on finding a permanent name is once the business concept is proven and there is a budget for IP checks, registrations and designs.

One strategy might be to start off using a descriptive name. As descriptive names cannot be registered as trademarks, you’re on safe ground using them. You can choose a distinctive brand name later, when resources allow. You can always keep your descriptive name at that stage by making it your tagline.

Businesses that need a budget for names from the outset

On the other hand, you may be starting a business where it is essential to build a brand. In a blog post a few years ago, I explained how Zumba’s success is due in part to its name. Zumba is a distinctive name that in no way describes its dance fitness business.

If yours is such a business – one that needs an effective brand name in order to succeed – then you would not be able to use a temporary name. You would need to find funds to consider trademarks before embarking on the business.

If Zumba had chosen its name but failed to register a trademark before the dance took off, its rapid success could have meant the founders were no longer able to register ‘Zumba’ as a trademark. This is a peculiarity of trademark law. Zumba’s wild success might have made the name generic and therefore incapable of registration.

It is generally advisable to register a trademark, as that is how you own the rights to a name. By registering their name, Zumba were able to capture the value that their success generated. Without it they would not have been able to exploit their brand for categories such as videos, clothing, books, and so on. And, the business would be worth only a fraction of what it is worth today.

So, if your success hangs on creating a brand, and licensing others to use your name, you won’t make it big unless you spend on international trademarks.

Copyright and designs

It may be that the key to protecting your business is not patents or trademarks, but copyright of a piece of software or other item.

According to research by the IPO, 40 per cent of business owners think they automatically own the copyright if they commission work which is capable of being protected by copyright.  This is the single biggest mistake businesses make. Paying someone to create work does not automatically make you the owner of the copyright in it.

So, it’s important to understand what types of material are protected by copyright. That way, you can secure the rights over anything that matters to your business.  For example, logos are protected by copyright. As the owner of a business, you need to ensure you own the copyright in your logo.

If you are using another company or a freelancer to develop your software (or other items that are protected by copyright) then make sure ownership in the work is transferred to you in writing. This should be done before you engage their services, for example in the contract you enter into with them. But this does not need to be done in a formal contract. It could be dealt with in an email. See my blog post: Why use a lawyer when you can buy a legal agreement? for further guidance.

If you have a design created for you such as a cartoon character, logo, surface designs, or an unusual shape, (such as the coca cola bottle) make sure you obtain the rights. But note that there is a limited time to register these as designs. There are official fees to pay when you register designs, so be clear whether the design in question is going to give you a competitive advantage or not. If you think it might, then try to find the money for design registration.

Know how

Finally, bear in mind that you may want to exploit any know how you develop. This will be discussed in a later blog post, Licensing and franchising: what is the difference and does it matter?

Say you are a car wash that has developed a successful process for getting its customers to buy for hot wax and other optional extras. You might decide to license this process to other car wash businesses in return for royalties. This involves a legal agreement whereby you license your know how and ensure the other party uses it under strict conditions of confidentiality.

Conclusion

If you are thinking big, you need to understand IP and how it applies to your business.  If you have the funds from the start, you can use IP to protect your competitive position straight away. If not, you can position your business so that you secure your IP once it grows and you have the resources in place.

For more information about trademark registration and protecting your brand, visit our dedicated trademark website www.azrightstrademarkregistration.co.uk.