Seattle Trademark Lawyer

Idaho potato farmers recognize the value of their brand. This year, the Idaho Potato Commission found “broad support” for increasing its assessment of member farmers, Idaho’s Capital Press recently reported. Assessments are used to advertise and promote the Commission’s GROWN IN IDAHO and IDAHO POTATOES trademarks.

“People all over the U.S. and the world recognize Idaho potatoes,” one Idaho potato farmer stated. “All of the advertising that the commission has done over the years has put us on the map.”

The farmer also recognizes that there’s great value in working together for a common purpose. “An individual grower can’t make a national TV ad campaign,” he said.

The Commission, a state agency, spends approximately 85 percent of its $12-to-$13 million budget on advertising and promotions. The rest pays for overhead, as well as legal expenses incurred to defend its marks.

The article describes the importance the Commission rightly places on policing its certification marks, which much more often than not involves correcting its own members’ misuse rather than litigating with third parties. Indeed, its most common challenges are grocers’ use of Idaho signage with non-Idaho potatoes or packers’ shipping non-Idaho potatoes in Idaho-labeled bags.

“If we didn’t challenge that, it wouldn’t be long before a lot of folks were doing it,” the Commission president said.

He’s right. Idaho potato farmers have a good thing going. They’ve taken a commodity product and raised it to premium status through advertising and diligent efforts to protect their brand. If they weren’t so careful about how their mark is used, the goodwill they have built up over the years eventually would erode away.

These guys set an example all brand owners should follow.