On Notice: The Art of Advertising (the) Law

Now, the Little Trees. Keep in mind that advertisement serves the primary role of either introduction to or reinforcement of a product or service to a general public. The aim is to obtain good-will, obtain new customers, sell, and keep current customers. Rarely is advertisement used to warn—much less threaten or scare—the general public (but I have been wrong before so if you have examples let me know). Perhaps Little Trees is highly litigious and, logically following, chose this method of advertisement to warn potential infringers in hope of lowering their legal costs. Perhaps Little Trees is being proactive in policing their trademarks by going above-and-beyond the necessary requirements of notice. Nonetheless, I am also a bit skeptical about the trademark information they convey, citing that their trademark can be used only by them and anyone who has their consent. I’m not so sure about that. In using an image of the ad, and thus of the Little Trees, I need not ask for permission because I am writing a critique and commentary on the ad and trademark law in relation to the Little Trees. Regardless, it’s an interesting and unique advertisement. What do you think?

You can see more of the Little Tree anti-trademark-infringement ads here.

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