What the duffin tells us about the power of the PR machine

There are precious few options left to tiny fish left in a sea of trademarking sharks.

Societies have always had to work out ways to reward and protect originality. The Ancient Greeks in the Sicilian colony of Syracuse used to give sole rights for a year to any professional cook in a tavern who developed a new recipe, thus creating a system where everyone knew whose recipe it was by the time anyone else could use it.

Any dessert fanatic can tell you that Peach Melba was invented by Escoffier in honour of the soprano Nellie Melba. Mention the phrase ‘Chocolate Nemesis’ and a guaranteed slew of middle-aged, middle class, middle England will shout, “River Cafe!” faster than two winning ladies can shout‘bingo’ on a Friday night in the Saltcoats Mecca.

In the past few weeks, the giant coffee chain Starbucks has got in on the act and announced that after ‘extensive research’ in their bakeries, their chefs had come up with a new, completely original hybrid of a muffin and a doughnut, filled it with jam and called it a duffin. Desperate to be known for more than just bland coffee and a flagrant disregard for tax, it seemed that the company had struck marketing gold. After all, everybody with a sweet tooth remembers the craze surrounding the cronut creation in New York by Dominique Ansel, as well as the resultant queues out the door of the store. Starbucks’ factory supplier, Rich Products, a $3bn a year global food corporation who supply Starbucks (when the marketing people at Starbucks say "our chefs", this is the company that they are realistically talking about), have trademarked the name ‘Duffins’ in the UK, meaning that no other company, large or small, can sell baked doughnuts under the name of duffins due to the risk of heavy fines.

There is one spanner in the works of such originality and such a marketing dream. A small bakery in London with four shops, Bea’s of Bloomsbury, has been selling duffins for more than two years. In fact, even when Bea’s started selling them, the idea wasn’t particularly new – a number of small bakeries do baked doughnuts and they have appeared in a number of recipe books throughout the years, not least Bea's 2011 book "Tea with Bea". It was Bea’s customer base at the store near St Paul's Cathedral who christened the creations duffins – the term that intuitively came to mind when referring to a hybrid of a muffin and a doughnut - and the name stuck.

It never occurred to Bea Vo, owner of Bea's of Bloombury, to trademark duffin as it was her customers' who created the name. She made her position clear on Twitter: "I don't believe that dessert names should be trademarked, and so I didn't [trademark it]... but now it seems that Starbucks could legally make us stop selling our own creation." She went on to explain that she had been advised that a legal challenge to the trademark would cost a minimum of £5,000. Small change if you are as big as Starbucks, but a massive amount that a small business like hers just doesn't have to spare.

Starbucks have since claimed to have done a full online investigation proving that no one was using the name duffin anywhere (worringly, it seems that both their researchers and the Intellectual Property Office are incapable of doing a basic search engine trawl for a word, as "duffins" appears from articles in places like the London Evening Standard from well over a year ago which are fully accessible from Google.) The coffee chain has also advised Bea that they will not stop her selling duffins, a promise that Bea's supporters fear will last as long as the publicity. Bea wants them to drop the trademark altogether. "The point of a trademark," says Bea, "is to stop other people from using it. So if you aren't going to, why have a trademark?" Quite.

The trademarking of food and drink names and the issues around it has reared its head a few times of late, most memorably when an English-owned restaurant chain trademarked the name of Vietnam’s national dish (‘pho’). They recently threatened the owners of the Vietnamese restaurant "Mo Pho" but backed down in the face of the resulting PR disaster. Additionally, the tiny Norfolk-based brewery Redwell received a cease and desist letter from Red Bull, with the 'brand enforcement manager' (yes, really) stating that Red Bull have a trademark on "Red", and considering that "well" used the same last two letters as "Bull", there was a realistic danger that the existence of Redwell beer would dilute the Red Bull brand. The brand enforcement manager's fear was that us poor customers would get confused between them and buy a craft beer instead of a highly caffeinated drink.

Ale lovers across the UK begged their local small breweries to create beer named "Red Bullies" in response, and an extensive online campaign has meant that Redwell and Red Bull have reached an ‘amicable agreement’. I'd hazard a guess that the brand enforcement manager and the public relations manager of Red Bull had a rather intense meeting as a result – but this is, of course, conjecture.

Behind our backs, a small group of large and wealthy companies are trademarking more and more words in the name of "brand protection." Whether it is a primary colour, someone else's national dish or someone else's dessert, things that are, or are about to be, common parlance are trademarked and codified. They are turned into something an organisation can make exclusive to them for the money.

For the concerned citizen, or the affected small business owner, the only option is to rally the online troops and create a stink as the one thing a large company fears more than not having a trademark is public relations gone awry. Luckily for us, in the social media age this can be relatively simple.

However, once the bad publicity has died down and the PR machine is back on track, there are precious few options left to tiny fish left in a sea of trademarking sharks. We shouldn’t be too quick to forget the duffin.

Cronuts: the hybrid precursor to duffins. Image: Getty
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After his latest reshuffle, who’s who on Donald Trump’s campaign team?

Following a number of personnel shake-ups, here is a guide to who’s in and who’s out of the Republican candidate’s campaign team.

Donald Trump’s campaign chairman, Paul Manafort, stepped down last week. A man as controversial as Trump himself, he has departed following the announcement last Wednesday of a new campaign manager and CEO for Team Trump. Manafort had only been in the post for two months, following another campaign team reshuffle by Trump back in June.

In order to keep up with the cast changes within Team Trump, here’s the low-down of who is who in the Republican candidate’s camp, and who-was-who before they, for one reason or another, fell out of favour.

IN

Kellyanne Conway, campaign manager

Kellyane Conway is a Republican campaign manager with a history of clients who do a line in outlandish statements. Former Missouri Congressman Todd Akin, whose campaign Conway managed in 2012, is infamous for his comments on “legitimate rape”.

Despite losing that campaign, Conway’s experiences with outspoken male candidates should stand her in good stead to run Trump’s bid. She is already credited with somewhat tempering his rhetoric, through the use of pre-written speeches, teleprompters and his recent apology, although he has since walked that back.

Conway is described as an expert in delivering messages to female voters and has had her own polling outfit, The Polling Firm/WomanTrend for over 20 years and supported Ted Cruz’s campaign before he was vanquished by Trump in May. Her strategy will include praising Trump on TV and trying to craft an image of him as a dependable candidate without diminishing his outlier appeal.

She recently told MSNBC, “I think you should judge people by their actions, not just their words on a campaign trail”. Given that Trump’s campaign pledges, particularly those on immigration, veer towards the completely unworkable, one wonders what else besides words he actually has to offer.

Perhaps Conway, with her experience of attempting to repackage gaffes will be the one to tell us. Conway also told TIME magazine that there is “no question” that Trump is a better candidate than Hillary Clinton. Given Trump’s frightening comments on abortion, to name just one issue, it’s difficult to see how this would prove true.

Stephen Bannon, campaign CEO

While Conway may bring a more thoughtful, considered touch to Trump’s hitherto frenetic campaigning, Stephen Bannon promises to bring just the opposite.

Bannon is executive chairman of right-wing media outlet Breitbart, also the online home of British alt-right provocateur Milo Yiannopoulos. Once described by Bloomberg as “the most dangerous political operative in America”, the ex-Goldman Sachs banker can only be expected to want to up Trump’s rhetoric as the election approaches to maintain his radical edge.

Trump has explicitly stated that: “I don’t wanna change. I mean, you have to be you. If you start pivoting, you’re not being honest with people”.

As Bannon leads a news site with sometimes as outlandish and insensitive views as Trump himself, one can safely assume that Bannon will have no problem letting Trump “be himself”.

The Trump Brood, advisers

While his employed advisers come and go, the people that have been unwaveringly loyal to Trump, and play key advisory roles, are his four adult children: Donald Jr, 38, Ivanka, 34, Erik 22 and Tiffany, 22. With personalities as colourful as their father’s, the Trump children have been close to the campaign since its inception.

Donald Jr personally delivered the bad news to Lewandowski, the younger Trumps describing him as a “control freak”. Although it’s common for the offspring of politicians to take part in their parent’s campaigns (see Chelsea Clinton), in Trump’s case the influence of his children goes undiluted by swathes of professionals. This, despite his actual employed campaign directors being experienced establishment figures, adds credence to the image of Trump’s brand as family-based and folksy, furthering also his criticism of Hillary Clinton as being “crookedly” in the sway of bankers and elites.

Lewandowski’s ultimate downfall has been attributed to his attempts to spread negative stories in the media about Jared Kushner, Trump’s son-in-law and husband of Ivanka. Ivanka and Kushner were long-time critics of Lewandowski for his indulgence and encouragement of Trump’s most divisive instincts, and apparently they were integral to his firing.

Whether any good came from this is hard to discern, as Trump still managed to insult the Muslim community all over again with his comments last month about the late solider Humayun Khan, also insulting veterans and “gold star” families in the process.

OUT

Paul Manafort, former national campaign chair

Although Trump called his departing campaign manager “a true professional”, Manafort has recently been beset by personal controversy and criticised for failing to deliver results. Manafort has taken the blame for the poor polling results that have followed Trump’s awful last few weeks, with Trump’s recent (lacklustre and unspecific) apology representing a complete change of tack.

Despite his many years of experience in politics, Manafort fell out of favour with Trump partly because of his spending on media, such as a $4 radio appearance in Ohio, Pennsylvania, Florida and North Carolina. Trump was judging these investments worthwhile.

Manafort’s personal cachet was also diminished by his dodgy links to ex-clients including Ukrainian former prime minister, the pro-Russian Victor Yanukovych. As Trump has already racked up a number of Russia-related gaffes, continued association was Manafort would have likely proven electorally unwise.

Corey Lewandowski, former campaign manager

Campaign manager until Trump’s team shake-up in June this year, Lewandowski was not the picture of a calm and collected operative. With a list of antics behind him such as bringing a gun to work and then suing when it was taken away from him and lacking the experience of ever having directed a national race, Lewandowski was a divisive figure from the start of Trump’s bid for the nomination.

Although Lewandowski most often accompanied Trump on the nomination campaign trail, it was Manafort, even then, who was in charge of most of the campaign’s logistics, making use of his 40 plus years of experience to do so.

Trump was clearly taken with Lewandowski’s aggressive campaign techniques, as he stood by him even when Lewandowski was charged with battery against former Breitbart reporter Michelle Fields. Although the charges were later dropped, these kind of stories do not bode well for Conway’s hopes for a more women-friendly Trump.

***

Perhaps this latest round of hiring and firing will do him some good, but with only three weeks to go until absentee voting begins in some states, the new team doesn’t have much time.