Taser International (NASDAQ:TASR) is tired of being mistreated by the press. Someone get a tissue. Not a Kleenex, mind you -- unless you bought your box straight from the good people at Kimberly-Clark (NYSE:KMB) -- but a tissue.
What's the difference? There's a big one, at least to Taser and some other trademark holders. Today, Taser issued a curious and strongly worded reminder, in which the troubled Arizona firm reminds editors that Taser (actually, TASER -- it's an acronym) is a registered trademark, and that it cannot be used as an ordinary word, or used as a noun.
That's true, but it's also legal mumbo-jumbo. The problem for Taser is that taser has already become a common word. It passed that mark years ago, unofficially at least. (It's only officially a common word if a court finds it to be so.) For instance, as things currently stand, I technically cannot propose, as did the Simpsons' Mayor Quimby, that children acting up in public places be lightly Tased. (Just like I can't technically say that I googled "Mayor Quimby" in order to verify that he said that.)
This is an ironic complaint, because frankly, most companies out there would kill to have this problem. When your product and trademark become the common term for anything similar, it generally means you're in the catbird seat. Fortunes have been made on products that went through such a consumer apotheosis: Kleenex, Kerosene, Linoleum, Granola, Dumpster. Spam, anyone? Want to Xerox (NYSE:XRX) this article?
Current companies enjoying the ride include TiVo (NASDAQ:TIVO), Google (NASDAQ:GOOG), and even Netflix (NASDAQ:NFLX), which is the funkiest verb we use at our house. So why is Taser complaining? Two reasons that I can see. One is that it has to, if it wants to keep its trademark rights.
Number two? I think it's yet another cry of frustration from a management that's struggling to blame something, anything, for its poor performance. To put it bluntly, Taser is steaming mad, and it's not going to take it any more. CEO Rick Smith recently wrote to tell me that the firm was at war. High on its enemies list are the stubborn news media that continue to report on post-Taser deaths, despite numerous findings that drugs or the mysterious, related catch-all "excited delirium" are the real causes of death.
But to judge by recent sales numbers, not everyone is buying Taser's story, and I don't think any amount of public complaining from Taser is going to change that any time soon. Nor will stern warnings or lawsuits bridge the chasm between Taser and the press.
Brand names and trademarks are powerful assets, but unfortunately for Taser shareholders, they can cut both ways. If Taser wants to change public perception about its corporate image and its products, it needs to identify the real source of the problem. For me, that has long looked like Taser itself.
For related Foolishness:
- Taser's Half-Cocked
- Taser's latest quarter by the numbers.
- Eyes on the Wise
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At the time of publication, Seth Jaysonhad no positions in any company mentioned here. View his stock holdings and Fool profilehere. Taser is aMotley Fool Rule Breakersrecommendation. Netflix and TiVo areMotley Fool Stock Advisorpicks. Fool rules arehere.
