In a recent case, Bobosky v. Adidas AG d/b/a Adidas Group, the US District Court for Oregon has ruled that the National Basketball Association and sportswear company Adidas did not have to prove trademark registrations in a slogan they used in the Basketball Brotherhood advertisements in the USA. The case was brought by a community fundraising group in Chicago who had applied for trademark use for the slogan We Not Me in 1999. The plaintiff was given leave to proceed in trying to establish rights to an unregistered mark with regard to his use of the slogan on T-shirts and baseball caps.

The ruling came about when W. Brand Bobosky, a lawyer and community activist created badges, T-shirts and baseball caps with the slogan printed on them as part of his community development activity in Naperville, Illinois. In 2004 he registered the slogan with the Trademark Office and formed a company to licence goods bearing the slogan. When Adidas created their promotional campaign “Basketball is Brotherhood,” in 2007, it used the slogan in print, on TV and on clothing and Bobosky sued.

The magistrate found that while there were trademark registrations in existence, many were intent-to-use applications covering many categories of clothing from hoodies through to sleepwear. Part of the Adidas case was evidence that much of the clothing did not contain the mark and that on other promotional garments the trademark used was different to the intent-to-use registration. As a result the court ruled that the case could proceed only in relation to the caps which bore the intended mark as had been stated.

This kind of intent registration is increasingly being clamped down on by trademark organisations where individuals register a mark and then do not use it at all or use it in a much more limited fashion than was stated in the intent registration. ‘Blocking’ the use of trademarks, especially slogans, on clothing is seen as a non-competitive practice and in a period of recession, ruling bodies are taking a dim view of anything that limits retail markets operating with as much freedom as possible.

The excellent and exhaustive blog, Clothes on Film has taken its annual trip through just about every film that came out this year (and some that we’d never heard of but apparently premiered anyway) to look at what clothing tells us about character. It’s fascinating.

Helena Bonham Carter and Colin Firth both played with reality – Helena by sticking to it and wearing genuine vintage fur, while Colin insisted on not wearing a suit jacket underneath his overcoat because it made him too bulky to be a realistic King George VI. Russell Brand played Arthur Bach in suits tailored by Martin Greenfield in New York to included a wide range of fabrics and to look like Savile Row tailoring while meeting the demands of an active character on a film
set.

Several films this year also focus on masculinity, using the most traditional symbol, the plain white T-shirt as worn by Elvis Presley and James Dean and seen in Drive worn by Ryan Gosling and even by Captain America! So plain white T-shirts for men add to their sense of masculinity, but make women feel vulnerable because of the risk of underwear showing through. Putting male staff in white and women in grey, blue or black T-shirts can create an impression of gender balance.

On TV, Boardwalk Empire also used Martin Greenfield to dress its characters in 1920s style and this focus has been particularly important in giving the impression of authority, power and prestige – according to the designers, this has involved using ‘hard’ dressing such as starch, brilliant whites and matte neutrals like beige and hats. Baseball style or soft caps were saved for lower ranking characters while harder headwear like fedoras or boaters were worn by bosses. Hats functioned to reveal who had power. That’s something that businesses tend to forget – if you put somebody in a
baseball cap, they have no authority – so let senior staff go bare-headed or give them a hat with a harder profile that denotes power.

There’s a lot to learn from film … and smart companies will use a designer who has a finger on the pulse to ensure that staff uniforms convey some of these subtle messages that help boost business success and productivity.

Once again, printed T-shirts have caused a debate, this time on the football pitch. Liverpoo’s Luis Suarez has been suspended for racist language and his teammates chose to wear a T-shirt with his image on for their match with Wigan this week. It didn’t go down too well with some other players …

Paul McGrath said he was ‘saddened’ to see the Liverpool players in their printed T-shirts and would have been ‘… much happier if they had worn anti-racist t-shirts’ while Jason Roberts (Blackburn Rovers) chipped in on Twitter to ask if other clubs were now going to wear T-shirts with the image of Man U’s Patrice Evra, against who Suarez has been found guilty of using the offending language?

But Kenny Dalgish, Liverpool Manager and Suarez supporting T-shirt wearer was unrepentant claiming that he and the players were showing their their respect and admiration for the suspended player.

It’s yet another piece of evidence that shows how easily printed clothing can become part of a wider controversy – and why it’s important to ensure that your design, slogan or clever promotional idea doesn’t cause confusion or draw criticism from wider society if your intent is to win friends for your product or brand.

A staff uniform is becoming a more popular incentive for employees the longer the difficult economic situation continues. Everybody can see that being provided with work clothing is a worthwhile benefit, and that when that clothing is easy to care for, it’s a saving both on the wear and tear on personal garments and on the washing and laundering of them too.

So how does a company or organisation benefit from this process?

First, a uniform reveals something a company or business. It conveys an image that the organisation has chosen to adopt, and it displays that image in a way that works both up close and at a distance. If you see a person in a pin-striped suit carrying an umbrella, it conveys a different image to the same person wearing jeans and a hoodie. Organisations can typify themselves equally easily, depending on the garment they choose, the colours they select and the logo or other image that encapsulates their brand.

Polo shirts tend to be the default choice for workplace uniforms because they are unisex, culturally appropriate (as long as both long and short sleeved options are available) and come in a vast range of colours that can help shape an organisation’s identity.

While a corporate identity doesn’t just depend on uniform, the nature of the uniform can shape the identity of the organisation and the culture it develops.

With the bad news about retail sales over the past month, it may be time for many small businesses to design a strategy that uses promotional clothing to increase awareness and boost sales.

One of the easiest ways to win a good share of the Christmas spend is to offer something for nothing. Station a couple of temps outside your premises, giving passers-by a voucher for a free mince pie or glass of mulled apple juice. Set up the hospitality station in the heart of the shop or business, so that people have to walk right in to get their freebie and ensure you have good footfall with a couple more staff members giving away the food or drink and more guiding people back on a circular route through the space so that there isn’t a log-jam. Dress the temps and food servers in appropriate hospitality clothing such as branded aprons and caps trimmed with holly or tinsel so that their role is clear.

Alternatively, identify a local good cause and print some promotional T-shirts for your staff, including both your logo and theirs. Tell the press that you’re going to donate a certain percentage of every purchase over £100 to the charity and make sure you have posters and flyers so that customers know their spend is going to help the good cause. Make sure you issue a press release detailing the amount donated and featuring a picture of your staff in their promotional clothing. It gives you three chances at good publicity: through publicity for the event, during the event itself, and as a good news story after the event.

This week has seen the unveiling of the uniforms that will be worn by the support staff and volunteers for the London Olympics. Around 70,000 volunteers and 6,000 paid employees will wear the branded clothing which has been designed to be a clear presence for the millions of tourists who will travel to the games.

The clothing has also been designed to balance the practical requirements of uniforms for active people, brand image and promotion of London, of the Olympics and of British heritage. The case study behind the design of the clothing is a useful tool for any company designing work clothing.

The uniform is a functional outfit that divides into two categories:
1.    Games Makers who will be given a jacket, polo shirt, trousers, trainers, socks, cap, and umbrella
2.    Technical Officials receive a jacket, trousers and (for women) a skirt, a shirt, a trilby hat and a tie for men and a scarf for women.
Epaulettes in different colours are used to identify special staff such as white for medical officials, red for team leaders and green for those involved in the anti-doping programme.

This is a good idea for any company that has staff with a range of different roles and functions. Making the various accessories colour-coded helps everybody to know what their job is and what tasks others will be undertaking.

The basic colourway is deep red and purple which picks up on the themes of the regimental uniform of the Grenadier Guards uniform, the original clothing worn by the staff at the 1948 London Olympics, Wimbledon tennis colours and those of the Henley Regatta.

Picking a theme that echoes your company’s heritage is a great way to build brand values – this can be a colour, the cut of the clothing or an emblem that you build into the design to remind people of what underpins your company and why it matter.

There’s a lot of up-to-date detail in the clothing too, drawn from the latest designs in sportswear such as the cut, ergonomic seams and the wicking fabrics.

Using modern detailing such as flat seams, poly-cotton fabrics and work socks that help inhibit foot infections can all keep staff happy and comfortable at work.

For many companies, offering a personalised or branded gift at Christmas has several purposes:

1.    It recognises customer loyalty
2.    It creates brand recognition
3.    It offers a thank you to new customers who may not be fully engaged with the brand yet
4.    It establishes the company offering the gift as being substantial and caring.

These are great marketing opportunities that shouldn’t be neglected even when marketing budgets are tight. In fact, thinking creatively around the idea of a business to customer gift is a great way to establish some brand features that will encourage your customers to think of the company as one that supports them in tough times.

Branded clothing has practical value, unlike the traditional forms of corporate gift such bottles of wine or spirits, boxes of chocolates or the more modern and less personal approach of giving vouchers.

At the top end of the scale, monogrammed shirts, or hoodies for younger individuals offer a superb, highly-personalised approach to gift giving. It’s not a cheap way to recognise the customer’s value but for the truly valued client, it’s a brilliant approach. Think outside the box though, and see if you can select something that the customer will really value: sports clothing with a monogram that a customer can use for their favourite sport is an ideal way to say thank you.

In the middle of the market, T-shirts offer a chance to give a gift that gets worn, and is fully appreciated without breaking the bank. If your customers are young, find a young designer to style your company logo in a completely new way, that reflects current trends but if they’re more traditional, go for a classic and simple statement, maybe the company logo as a sleeve print or small embroidered detail with neat and unobtrusive contact details below it.

For the masses, if you have lots of customers and/or want to buy something that can be used for both Christmas gift and general promotional purposes, think about branded hats or lightweight bags. Don’t fall for too much novelty though: amusing images like Santa riding on your logo etc are only funny for a very short time and then fall out of favour and have no value to the recipient. It’s better to think about longevity and choose a hat or bag that will be used year round. Practicality is the key to a successful gift and you can double the promotional whammy you get from such items by running a competition that offers to reward the person who takes the best picture of their hat/bag in an unusual place or in a location appropriate to your business. Post the photos on facebook and tweet about them in your twitter account to get the maximum cross-platform marketing boost from your promotional clothing spend.

As the American government faces cutbacks, President Obama has told government agencies to reduce spending on ‘extraneous promotional items’ such as mouse pads and coffee mugs. It’s not quite as silly as it sounds: each department is required to demonstrate how it’s going to reduce wasteful spending and/or create more efficient ways of operating.

Commemorative gifts such as backpacks have been ruled out except for where such an item has a clear purpose so that the logo-emblazoned baseball caps and printed T-shirts many American agencies give away to both staff and visitors may now become rare items. However some branded clothing has been given a special status: the printed jackets FBI agents wear on raids will remain because they are classed as ‘essential work-related clothing’.

So how can the average business be sure that it’s not wasting money on inappropriate branded clothing? Customer or staff research in advance of placing an order is key to getting it right. There’s no point designing and printing hundreds of bags for your customers if they actually prefer to carry backpacks. If your staff wear baseball caps and you order beanie hats, you’re likely to find that your investment is wasted.

The recession means that many firms are having to forego the usual Christmas party for staff and forget about the usual bottle of tipple and box of chocs that have traditionally been given to employees at this time of year.

Instead, consider the value of investing in branded clothing for your team – it’s a workplace based gift that can benefit the individual and the company. Polo shirts or fleeces embroidered with the individual’s name or initials demonstrates that you value each person, and gives all your employee’s a chance to wear something new and exciting to work.

Personalised work clothing is also a great gift for promoting team development: it shows that you are investing in your staff and it gives them a sense of self-esteem and a long-term reminder of their value to the company.

You can even create a small brochure so that employees get to choose which item of branded clothing they would like to receive: T-shirts or hoodies appeal to the young and those who work away from the public eye but those in customer services might prefer to have a monogrammed shirt or a smart jacket. Offering a choice also shows that you respect individuality and gives your team a sense of having options and a stake in their own appearance.

Customers respond well to people in smart, well-kempt clothing too, so what benefits the team also improves customer relations.

It’s said that Brooks Brothers has dressed more American Presidents than any other clothing line, and this month it had a Scottish showcase in its Regent Street shop.

More than 300 fashionistas attended the event which featured knitwear, tweed, cashmere, ties, embroidered and embossed items and hand-made shirts. The occasion was the Harris Tweed centenary and Brooks Brothers used the event to highlight its own nearly two century pedigree, with photos of Abraham Lincoln (who got that black coat from the Brooks Brothers store), Andy Warhol and Clarke Gable, all dressed in Brooks Brother’s clothing.

It’s not just tweed that makes Brooks Brothers different – the brand has driven the search for new clothing fashions that it can import, such as bringing button-down shirts to the USA and inventing the wash and wear suit. Branding clothes with the classic Brooks Brothers logo has kept the company in the public mind as one that delivers a formal quality along with ease of wear and laundering and it has also been careful to supply clothes for TV shows that match its brand identity such as Mad Men and Glee.

This clever association of clothing, famous wearer and innovation has really driven the brand as one that innovates and yet contains the best of American heritage. Other companies might find a very different focus for their brands – more casual companies might like a figurehead who plays a cool sport to wear a sponsored polo shirt or to find a band or actor who typify the brand values and then to offer them promotional clothing to wear in public. Whatever way you play the famous clothing game, it benefits both brand and individual to be associated with each other.