Question

Topic: Branding

Damsel In Distress: Using Cinderella As A Brand

Posted by K.J.P. on 3/31/2008 at 2:17 AM ET 500 Points
Hello, Hello, The Most Vibrant Marketing Forum in the Web!

Nearly a couple of months ago I posted a question on what a good brand name for a mobile spa is, and as expected the forum (thanks to member cartoons4wc) helped me choose Cinderella as a name (we were thinking to use Cinderella Spa Services). It connotes that kind of fairy godmother beauty rescue we want to impart.

My dilemma now factors the following:

1. I plan to use Cinderella as a stand alone brand to encompass not only mobile spa but also garments and accessories as well.

2. My sales literature will center around the fairy tale, possible naming services like The Glass Slipper Special (as a foot spa experience) and The Prince Charming Pampering (for men).

3. In Dubai, there are not really a lot of restrictions on name, there is really no problem registering Cinderella. However, I am more concerned of using it and wondering whether it might be construed as an infringement on Cinderella as a registered trademark of Disney.

4. If I use the brand and create a logo that basically says:

Cinderella (and a tagline at the bottom part to say:)
1000Dreams & More

would Item 3 outlined above figure?

I really need your help and I will be in breathless anticipation for your expert inputs!

Loving this forum,
Kristine

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RESPONSES

  • Posted by Jay Hamilton-Roth on 3/31/2008 at 8:43 AM Accepted
    (Caveat: I'm not a lawyer) It appears that Cinderella predates Disney by a century (https://en.wikipedia.org/wiki/Cinderella), having first appear onstage in London in 1804. The problem you may face is using the Disney images for Cinderella or Prince Charming. So, if you (have someone) create your own images, it appears you have no problem.
  • Posted by tim on 3/31/2008 at 8:46 AM Accepted
    Kristine,

    I am certainly no expert on international trademark law, so don't take my thoughts to the bank without some confirmation.

    Having said that, I would tend to think that Cinderella would not interfere with Disney. For one thing, your service is unrelated to what Disney does with the Cinderella name.

    Also, when we did research on the term CSI for use as the name of a team building seminar, we found that, since CSI had been around long before the TV show, we were clear to use it. The same could certainly be said of Cinderella.

    By the way - you must really be busy. :-)

    Tim
  • Posted by K.J.P. on 3/31/2008 at 9:23 AM Author
    Hello Jay and Tim!

    Thank you for your quick responses and they are truly appreciated! I think you have both provided sound inputs, and yes I will have someone draw up different images, I was more particularly concerned using the whole story line theme to build my sales literature. The fact that Cinderella is a 100 years older than Disney will definitely make me sleep better (hahaha!).

    Tim--what you said about CSI is right on the mark , and it just goes to show that the Universe is my Genie as I really wanted to use the name and build on that theme. :-))

    I sent you an email separately and yes I have been positively kept busy with my time :-)) but I am loving it!


  • Posted on 3/31/2008 at 10:03 AM Member
    Hi There
    I think you might need to check your grounds for such a name. But damn good name! Also, if youc an try and just stick with Cinderella cos anything aswell as this might confuse the brand effect.
    try not to cover too many product liones as this can also confuse. Beauty and Hair might be best to concentrate on... and shoes maybe??
    Liv:)
  • Posted on 3/31/2008 at 10:49 AM Member
    As I'm in the fashion industry, the textile lien caught my imagination! Please , pelase include extremely whimsical, sexy lingerie for in the tub!! I'm even thinking since it's one time use, why not add smaller silk flowers, draping netting, shear materials??? stuff that turns incredibly transparent in the water!!!
  • Posted by jcasalou on 4/2/2008 at 10:14 AM Accepted
    I have to agree with tmccall. Disney is world-wide and the chance that they do decide to take any kind of legal action against you with or without just cause would completely wipe out your company in legal fees alone.

    In addition to "Princess" you can also accomplish the same thing with Athena. "Be treated like a goddess"
  • Posted by K.J.P. on 4/3/2008 at 1:18 AM Author
    Hello to you all, and tmcall and jcasalou for your responses.

    The latest of posts puts me back to square one, which is to find a name suitable for the activities outlined above. I tend to agree with Tim and Jay, and believe that the risks lies in the use of the images by Disney and not the name. A historical profiling of Cinderella outlines that the first film ever produced about the tale and the theme is not Disney. Further research also renders that the trademark is based on the images depicting the characters produced on film as character names of the fairy tale are long-before established and can even be traced in ancient greek mythology.

    I have no intentions of using the images and have decided that the sales literature will be entirely based on a sophisticated "warrior-princess-woman" today approach which are in no way similar and are certainly leaps and bounds away from the pastel-world of Disney's fairy tale.

    I will await more comments and revert.

    Thank you very much!





  • Posted by mikes on 4/3/2008 at 10:21 AM Accepted
    You probably latched on to the Cinderella idea because of the image and the things you can do with it including some of the ideas posted here.
    Now your issue is with the name Cinderella, so if you're going to re-group go back to the basics.
    Cinderella is a fairy tale and this is where your images and ideas come from. So don't sweat the name Cinderella.
    Concentrate on the fairy tale image instead and build around that. The Fairy Tale Spa ? Fairy Tales for You ?Fantasy Spa ? Spa of Dreams ?
    You should be able to build a campaign, accessories, brand, logo, etc around your OWN character and your own images. Cinderella is just a name - you were attracted to the image behind it. That is not copyrighted or protected.
    Go for it.

    Mike
  • Posted by K.J.P. on 4/5/2008 at 2:55 AM Author
    Thank you very much to all of you who have been so generous with their inputs. I think that I will have to do a lot of introspection.

    I cannot say that I will let Cinderella completely go nor can I confirm that it is in fact the name I would use. Differing view points have been outlined and I believe there is merit on both.

    I latched on to the name because it is a story common to all. I needed to work with that quick association that my market can easily identify with, whether it will be a spa experience or accessories and clothing. The idea is to think that my brand is their story and what I do is "fairy godmother to the rescue!".

    So introspection it is and I know the name is just floating in the air waiting for me to pluck it!

    Thank you once again and all the best!

    Kristine
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