Ms. Lube's Upset About Branding Change

Posted by on Nov 6, 2009 in blog, Business Tips, Marketing | 62 comments

On CBC’s “Dragon’s Den“, entrepreneurs pitch ideas to a group of five savvy Canadian investors.  When watching the show, you can’t help but get fired up and may find yourself yelling at the entrepreneurs pitching their ideas (at least I do… ha!)

On November 4, 2009, a woman from Toronto, Ontario came on the show to pitch her new chain of women-owned mechanical shops.  The name?  Ms. Lube.  She walked into the Den, introduced herself and looked straight at Jim and said, “We’re looking especially at you Jim!”

Now, you might be thinking… confidence is good no?  Well… Not when you’re looking at one of the major investors of the Mr. Lube franchise…  I couldn’t help but laugh out loud.  Ms. Lube?  Mr. Lube?  Sounds quite similar huh?

The pitch went the way you’d expect — the dragon’s all pointing out the obvious copyright infringement — with Jim remaining completely silent because he felt “he had to” (no kidding…) Can someone say “cease and desist”?

Not only that but they are an all-female garage which means that they are immediately up against discriminatory hiring practices… Eeps!

Here’s the part that killed me though. The woman walked into the back room to reflect on her feelings after the rejection and she said, “The only part that bothers me is all of the money I’ve spent on branding and I guess if I have to change it, I will… it’s all a part of business.”

Seriously?!

It drives me crazy when entrepreneurs miss obvious important business practices and then play the victim card. When you are out in the business world, stealing ideas (or clients, or proprietary information, etc.) you are not only at fault… you’re delusional if you play the victim card.

The first thing any smart, savvy business owner does is check that their branding, their business name and anything else they spend money on is not in direct infringement of copyright.  Now, I get that sometimes, things get missed but she walked into the room, looked at Jim and thought he might be interested due to his investment in Mr. Lube.

It’s baffling really.

When you don’t do your due diligence, the only person at fault is you. It’s the harsh reality.  People aren’t going to be swayed by the charms of your branding or your logo if you rip off their idea.  Instead, they are going to do what any business person would do – take action immediately.

Here’s the thing – not only do you rip off an idea when you do something like this but you also “borrow” the “know, like and trust” factor that the solidified brand has built up.  People are going to assume that Ms. Lube is a branch of Mr. Lube and therefore, will not think twice about becoming a customer or trusting in the business. That’s stealing more than just a name – that’s stealing built up trust which is the hardest thing for a brand to build.

Did you see the show?  What are your thoughts on the Ms. Lube idea?

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  • http://www.jamieblades.com/ jamie blades

    Great idea but the name was a no go. Not to mention their t-shirts copied the same font as Mr. Lube.

  • http://www.jamieblades.com jamie blades

    Great idea but the name was a no go. Not to mention their t-shirts copied the same font as Mr. Lube.

  • Daniel Gregg

    It seems as though you have a great deal of confidence in your ability to project and judge business workings…as someone of such ability, I would expect that you are aware that, “Reality TV” has very little to do with reality. Editing is the key word – Due diligence ended up on the editing floor. Look into trademark law…

  • Daniel Gregg

    It seems as though you have a great deal of confidence in your ability to project and judge business workings…as someone of such ability, I would expect that you are aware that, “Reality TV” has very little to do with reality. Editing is the key word – Due diligence ended up on the editing floor. Look into trademark law…

  • http://www.LifeStreaminColor.com/ Erin Blaskie

    Hi Jamie! Agreed — it was a big mistake on their part.

    Daniel — Dragon’s Den is TV that is based on real entrepreneurs running real businesses. The businesses are not “made for TV” but actually based on businesses that have a real brick and mortar location (just Google Ms. Lube to see their website and their company, setup in Toronto, has earned $25K in 3 months). This is a real scenario of someone who took a name of a very popular business that is already in existence.

    Here is a great conversation of people who were commenting on the business and their experience on the show:

    http://www.scribblelive.com/Event/Dragons_Den_Season_4_Episode_6?Page=1

  • http://www.LifeStreaminColor.com Erin Blaskie

    Hi Jamie! Agreed — it was a big mistake on their part.

    Daniel — Dragon’s Den is TV that is based on real entrepreneurs running real businesses. The businesses are not “made for TV” but actually based on businesses that have a real brick and mortar location (just Google Ms. Lube to see their website and their company, setup in Toronto, has earned $25K in 3 months). This is a real scenario of someone who took a name of a very popular business that is already in existence.

    Here is a great conversation of people who were commenting on the business and their experience on the show:

    http://www.scribblelive.com/Event/Dragons_Den_Season_4_Episode_6?Page=1

  • http://www.LifeStreaminColor.com/ Erin Blaskie

    I’m not an expert on trademark law but here are some interesting cases where big companies filed lawsuits.

    eBay sues Perfume Bay: http://legal.entrepreneur.com/2007/10/04/69/ … eBay won.

    McDonald’s sues just about everyone ;) : http://internationaltrade.suite101.com/article.cfm/mcdonald_s_sues_copycats

    And here’s some info on trademark infringement:

    http://www.bitlaw.com/trademark/infringe.html

  • http://www.LifeStreaminColor.com Erin Blaskie

    I’m not an expert on trademark law but here are some interesting cases where big companies filed lawsuits.

    eBay sues Perfume Bay: http://legal.entrepreneur.com/2007/10/04/69/ … eBay won.

    McDonald’s sues just about everyone ;) : http://internationaltrade.suite101.com/article.cfm/mcdonald_s_sues_copycats

    And here’s some info on trademark infringement:

    http://www.bitlaw.com/trademark/infringe.html

  • http://bowmanmarketing.com Scott Bowman

    I did not see the show, but from what I have read, they certainly wanted to run on the coattails of an already successful business. And it would certainly cause confusion in the marketplace. I can see a cease and desist in this person not too distant future.

  • http://www.bowmanmarketing.com Scott

    I did not see the show, but from what I have read, they certainly wanted to run on the coattails of an already successful business. And it would certainly cause confusion in the marketplace. I can see a cease and desist in this person not too distant future.

  • http://www.LifeStreaminColor.com/ Erin Blaskie

    Hi Scott – I agree… People send cease and desist letters when there is even a slight replication. Ms. Lube is a pretty big replication of an already famous brand.

  • http://www.LifeStreaminColor.com Erin Blaskie

    Hi Scott – I agree… People send cease and desist letters when there is even a slight replication. Ms. Lube is a pretty big replication of an already famous brand.

  • http://bowmanmarketing.com Scott Bowman

    This isn’t to say that there couldn’t be a market for this type of service. Many women feel either intimidated or misled when dealing with automotive type services.

    The truth is, there are a good number of females very well versed in all things automotive. Having someone like that run an oil change place could completely change the market by increasing comfort levels and education to this demographic.

    But, they will have to choose a better name for their brand, one not already established by another company.

  • http://www.bowmanmarketing.com Scott

    This isn’t to say that there couldn’t be a market for this type of service. Many women feel either intimidated or misled when dealing with automotive type services.

    The truth is, there are a good number of females very well versed in all things automotive. Having someone like that run an oil change place could completely change the market by increasing comfort levels and education to this demographic.

    But, they will have to choose a better name for their brand, one not already established by another company.

  • Deb

    I was at a loss for words when I saw the segment and still shaking my head wondering how or why they thought they could get away with using that name. Also how unfortunate it is they have spent all this money on branding, but more importantly the time lost as they have to start from scratch now. It takes time to get a brand out there and they could be three months into their brand by now instead of having to start all over again. Yup, I'm still shaking my head at this one as it was just so in your face obvious from the get-go! Having said that I think it's a great concept and wish them all the best for whatever new brand they go forward with.

  • Deb

    I was at a loss for words when I saw the segment and still shaking my head wondering how or why they thought they could get away with using that name. Also how unfortunate it is they have spent all this money on branding, but more importantly the time lost as they have to start from scratch now. It takes time to get a brand out there and they could be three months into their brand by now instead of having to start all over again. Yup, I'm still shaking my head at this one as it was just so in your face obvious from the get-go!

    Having said that I think it's a great concept and wish them all the best for whatever new brand they go forward with.

  • Deb

    After leaving my comment I realized there is a silver lining in this for Ms. Lube in that having now been made (hopefully) aware of the futility of using their current brand, they now have the opportunity to create a new brand and move forward with their business rather than get down the road a year from now having wasted even more money and time on a brand they could never own. :)

  • Deb

    After leaving my comment I realized there is a silver lining in this for Ms. Lube in that having now been made (hopefully) aware of the futility of using their current brand, they now have the opportunity to create a new brand and move forward with their business rather than get down the road a year from now having wasted even more money and time on a brand they could never own. :)

  • Lubes

    It is not even about ms lube trying to STEAL Mr lube customers… or at all be affiliated with that company. THEY ARE MOCKING how STUPID Mr Lube sounds. It is all about Women fighting for womens rights in a Mans world. I cant believe how all of you feel as if it is a money stealing idea meanwhile these ladies are trying to make a statement within the mechanics business for women customers to feel more safe, comfortable and accepting within such a masculine business. I think Ms Lube is a perfect name… it just shows you how idiotic mr lube sounds for such a 'masculine type business'

  • Lubes

    It is not even about ms lube trying to STEAL Mr lube customers… or at all be affiliated with that company. THEY ARE MOCKING how STUPID Mr Lube sounds. It is all about Women fighting for womens rights in a Mans world. I cant believe how all of you feel as if it is a money stealing idea meanwhile these ladies are trying to make a statement within the mechanics business for women customers to feel more safe, comfortable and accepting within such a masculine business.
    I think Ms Lube is a perfect name… it just shows you how idiotic mr lube sounds for such a 'masculine type business'

  • http://www.trm.ca/ Lance

    I like the show, it’s good entertainment, but way too much show biz versus the reality of raising start-up capital. Likely the producer saw the opportunity to present the Ms Lube deal as a new angle to inject colour and controversy into the show. There is OBVIOUS brand infringement – and what cracks me up is that the lady entrepreneur was so delusional (or naive?) re branding. As for the core idea of women mechanics in the fast service oil change/lube business – I think its a pretty niche-y business, the differentialted value is pretty weak, and it’s certainly not scalable.

  • http://www.trm.ca Lance

    I like the show, it’s good entertainment, but way too much show biz versus the reality of raising start-up capital. Likely the producer saw the opportunity to present the Ms Lube deal as a new angle to inject colour and controversy into the show. There is OBVIOUS brand infringement – and what cracks me up is that the lady entrepreneur was so delusional (or naive?) re branding. As for the core idea of women mechanics in the fast service oil change/lube business – I think its a pretty niche-y business, the differentialted value is pretty weak, and it’s certainly not scalable.

  • pitap

    well, it's been at least four months since that episode was taped, and still no cease and desist letter. not even a HINT of a phone call from a lawyer repping Mr. Lube.what's more, dragon's den knew about Ms Lube and invited them onto the show — quite the opposite of the usual course of action. Ms Lube had no operable business plan to offer investors but that didn't matter to ratings hungry producers, they just wanted Jim to get his shot at the girls and perhaps scare them into submission on his own.he picked the wrong mechanchiks.

  • pitap

    well, it's been at least four months since that episode was taped, and still no cease and desist letter. not even a HINT of a phone call from a lawyer repping Mr. Lube.

    what's more, dragon's den knew about Ms Lube and invited them onto the show — quite the opposite of the usual course of action. Ms Lube had no operable business plan to offer investors but that didn't matter to ratings hungry producers, they just wanted Jim to get his shot at the girls and perhaps scare them into submission on his own.

    he picked the wrong mechanchiks.

  • http://www.estrojenn.com/ jenn hobbs

    dragons den is tv…it’s staged, edited and you only see what they want you to see. the show was taped months ago when the ms lube shop had only been open for 3 months. 6 months later they are doing extremely well…and nobody has “taken action immediately”…there is nothing to sue over.

    what they didn’t tell you is that ms. lube has not been sued (not even served with papers) because they did their research and registered their name legally. mr. lube does not have a case. if they did…ms lube would be out of business when, in fact, their business is booming and thriving. their core business is solid, they know what they are doing, their customer service is like nothing you’ve ever experienced when going to get your car fixed. this business is a huge success because Jess is an incredible business woman (and mechanic).

    they also didn’t tell you that ms lube was courted by dragons den to appear on the show. they didn’t particularly want investors (they don’t need them), but they did want a bit of free PR which they definitely got.

    it seems a tab obvious that bringing an entrepreneur on the show that could have a direct sound off with Jim would make for great TV.

    People do not assume that Ms. Lube is a branch of Mr. Lube…that’s actually a ridiculous thing to assume. The branding of the shop is completely different, and they are a stand alone garage. That and the name and branding are “Ms Lube by Mechanchik” and that is how they refer to themselves on everything.

    Your post illustrates a distinct lack of critical thought. It’s like you didn’t read between the lines of a produced television show.

  • http://www.estrojenn.com jenn hobbs

    dragons den is tv…it’s staged, edited and you only see what they want you to see. the show was taped months ago when the ms lube shop had only been open for 3 months. 6 months later they are doing extremely well…and nobody has “taken action immediately”…there is nothing to sue over.

    what they didn’t tell you is that ms. lube has not been sued (not even served with papers) because they did their research and registered their name legally. mr. lube does not have a case. if they did…ms lube would be out of business when, in fact, their business is booming and thriving. their core business is solid, they know what they are doing, their customer service is like nothing you’ve ever experienced when going to get your car fixed. this business is a huge success because Jess is an incredible business woman (and mechanic).

    they also didn’t tell you that ms lube was courted by dragons den to appear on the show. they didn’t particularly want investors (they don’t need them), but they did want a bit of free PR which they definitely got.

    it seems a tab obvious that bringing an entrepreneur on the show that could have a direct sound off with Jim would make for great TV.

    People do not assume that Ms. Lube is a branch of Mr. Lube…that’s actually a ridiculous thing to assume. The branding of the shop is completely different, and they are a stand alone garage. That and the name and branding are “Ms Lube by Mechanchik” and that is how they refer to themselves on everything.

    Your post illustrates a distinct lack of critical thought. It’s like you didn’t read between the lines of a produced television show.

  • ericthom

    Au contraire, EB. I've interviewed the fair Ms. Gilbank and she has done all her homework. Mr. Dragon'sBreath does not have an iron-clad grip on the word “Lube” and more than Jiffy Lube does. You don't own a language – you can only borrow on it. As for content, what Ms'|Lube stands for, if you'd truly done your due diligence, is a brave new school of full-service automotive service with an obvious difference that is head and heels beyond what is currently happening in the male-dominated auto service trade. And I'm a guy. I think it's a great idea and I would hope that the world hasn't gotten into the state where good ideas are trumped by over-financed, greedmongers who can't stand the thought of competition in the category – and all that they'd possibly compete in is the lubrication end of automotive service. Been there. They do it all and better than most. So I hope that this overserved entrepreneur comes to his senses and backs off to allow for some new blood in an industry that's in bad need of it. Had your car serviced lately? Not there…

  • callmecaptainobvious

    dude copyright and trademark/tradename are entirely different fields of law. On the surface he's got a chance to go after her for the tort of “passing off” but if she hires an even half decent lawyer it'll get cut to shreds. Your argument that people will assume it's a “branch” of Mr. Lube is nonsensical, this is not something so simple as me coming up with a chocolate bar called Mrs. Big. There are posters below making the obvious comment that “lube” is not something they can trademark. I would suggest for obvious reasons they can neither grab an entitlement to the pre-fix “Mr”.

  • Imorin007
  • http://www.bsetc.com Erin Blaskie

    Hi Jenn,

    Thought you might like to know that Ms. Lube is being sued by Mr. Lube. Turns out I do have some critical thought and I can read between the lines of a TV show.

    http://www.montrealgazette.com/mobile/iphone/st…

    Erin

  • http://www.bsetc.com Erin Blaskie
  • http://www.bsetc.com Erin Blaskie
  • http://www.bsetc.com Erin Blaskie

    Turns out, Mr. Lube is suing… We'll see how it goes!

    http://www.montrealgazette.com/mobile/iphone/st…

  • http://www.bsetc.com Erin Blaskie

    Turns out, Mr. Lube is suing… We'll see how it goes!

    http://www.montrealgazette.com/mobile/iphone/st…

  • http://www.bsetc.com Erin Blaskie

    Turns out, Mr. Lube is suing… We'll see how it goes!

    http://www.montrealgazette.com/mobile/iphone/st…

  • http://www.bsetc.com Erin Blaskie

    Turns out, Mr. Lube is suing… We'll see how it goes!

    http://www.montrealgazette.com/mobile/iphone/st…

  • http://www.bsetc.com Erin Blaskie

    Turns out, Mr. Lube is suing… We'll see how it goes!

    http://www.montrealgazette.com/mobile/iphone/st…

  • http://www.bsetc.com Erin Blaskie

    Turns out, Mr. Lube is suing… We'll see how it goes!

    http://www.montrealgazette.com/mobile/iphone/st…

  • http://www.bsetc.com Erin Blaskie

    Turns out, Mr. Lube is suing… We'll see how it goes!

    http://www.montrealgazette.com/mobile/iphone/st…

  • Tim

    Did you do a name search? If you were able to register your name , whats the problem. Jim is a dick.

  • http://www.bsetc.com Erin Blaskie

    Simply being able to register a name does not remove liability. You have to ensure that your name also does not infringe on anyone else’s trademarked phrases, logos, etc. It falls under trademark infringement: http://en.wikipedia.org/wiki/Trademark_infringement.

  • ErinBlaskieneedsarealitycheck

    Is that how you defend yourself you throw up some analogies after prefacing it by saying “I’m not an expert”?

    I can throw you analogies like Wool-mart (they ‘won’)

    I have a law degree and I’ve worked in this field so at least as between you and I.. I can pee higher on the wall. The case is far from clear cut as you imply. You’ve written a weak piece and I am not flaming you as per your below ‘twitter’ statement.

  • Brunodrtyui

    I saw the show. I must say for a woman shes got ” balls ” the business is the same and the name is almost identical. I give her a zero for originality, all she needs is to change the name and she will b fine.

  • todd white

    Just because your suing someone doesnt mean your right. Nobody has the exclusive right to the word lube. As a trademark and patent lawyer i know they have no case. They are going to trial to save face. I have heard its about to get tossed.

  • Carol Roach

    Since Jiffy Lube is not a aproblem, she should have called her shop Lube Chicks. It’s a snappy, easily remembered name and it is always much cheaper not to take a chance on trademark infringement. Lawyer’s costs alone can ruin a new business and if it goes to court the costs can exceed the value of the business. Not smart. And incidentally, as a very well educated data analyst and former business owner, I would have believed that Ms Lube was connected to Mr Lube and would have trusted it because of that inferred relationship.

  • todd white

    er

  • todd white

    Erin why do you respond to every post with the same stupid comment and follow up with the montreal Gazette link. What kind of lame ass arguement is that.?

  • Jean_marc_bessette

    How discriminating girls only, that mean that a men can’t get a job there because of gender!

  • Orchid

    As a consumer who has just started going to Miss Lube, I also doubt that people immediately associate their name with Mr. Lube, because I certainly didn’t (I just thought about the dirty joke inherent in the name…..). There is absolutely no similarities between the two logos or brands – Ms. Lube is more of a 50s style, retro look whereas Mr. Lube is a very sparse logo, with two immediately identifiable colours (neither of which even show up on Ms. Lube’s website). As mentioned above their name is NOT Miss Lube, it is Miss Lube by Mechanichiks. They are still happily in business and doing well, from what I can see.

  • Orchid

    Also, considering this is a professional website designed to highlight this “Erin” person, maybe she should refrain from blasting commenters with “I told you so.”s Doesn’t make me eager to work with her at all

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