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Research Help (Patreon)

Published:
2020-03-19 19:03:59
Imported:
2023-05

Content

I've stumbled across something that I find pretty strange and I'm hoping someone here can provide a little help.

This'll take a minute to explain but stick with me. I'm researching Build a Bear Workshop, it's a retail store where (mostly) kids can stuff and accessorize their own bears. In 2005 they introduced a new store concept called Friends 2B Made as shown from this press release: https://ir.buildabear.com/news-releases/news-release-details/friends-2b-mader-newest-concept-build-bear-workshopr-introduces 

Now, 2 of the first 5 Build a Bear stores were opened in Chicago around 1998. I came across an article from the Chicago Tribune from 1999 that talks about how they're allegedly trying to stop competition in an unfair way in the area:  https://www.chicagotribune.com/news/ct-xpm-1999-07-06-9907060182-story.html

One of the local competitors specifically mentioned in the article is called Friends 2B Made. Seeing that name used twice seems very odd to me, espcially since it's so unusual. I suspect maybe they bought the name from the competitor but it doesn't seem likely since they were such rivals. Maybe it was won in a lawsuit or did they just take it without permission? I can't figure it out. This could be important for the direction of the video so can anyone figure out what happened there or have any other ideas you're confident about? It just seems so weird. 

Also, I've been reading about how the founder Maxine Clark appeared on the Oprah Winfrey show in 2004. If anyone knows a way to find the video of it or a transcript or summary or something from it, that'd be very helpful.

Comments

companyman

Appreciate the effort. I'm just sure it's illegal to copy the name of a direct, known competitor so I really believe something must have happened between the two. But you're right, information about it is hard to find. I feel there's a lot of stuff surrounding this that hasn't been widely reported. Could be an exciting direction for the video.

Brian Hortin

It looks like Build a Bear acquired the name around 2003. This is the last snapshot of the original company’s website from the Internet Archive in 2000. https://web.archive.org/web/20000708131204/http://www.friends2bmade.com/location.htm In December 2003 Build a Bear filed for the FRIENDS 2B MADE trademark. https://trademark.trademarkia.com/friends-2b-made-78338936.html A snapshot from December 2003 shows the website updated to say that they are available exclusively at Build-A-Bear Workshop locations. https://web.archive.org/web/20031226113823/http://www.friends2bmade.com/Friends2BMade/ I haven’t had any luck finding how the name was acquired.

Brian Hortin
>>33900718

The 2003 trademark was for the dolls. Build a Bear actually already had a trademark on the name for stores, mail order, and web from March 1999. The smaller company probably had to give up the name is my guess. The earliest snapshot of the smaller company’s site is November 1999. https://trademark.trademarkia.com/friends-2b-made-75657902.html

companyman
>>33900718

That's some darn good research Brian. I'm not too sure how the law would work but maybe that suggests the original company shut down around 2000 and the name was up for grabs when Build-A-Bear took it in 2003? That may explain that lack of information about how it was acquired but unless that can be confirmed somehow I don't want to mention it in the video.

companyman
>>33900718

Now wait a second. Build-A-Bear filed a trademark for the name in March 1999, while that article is from July 1999. Suggesting they filed to trademark the name of a known competitor? Is this adding up? I can't believe that would be legal.

Brian Hortin
>>33900718

I was just noticing that too. The article says that the Friends 2B Made store opened May 21st of the previous year (1998). Part of Build A Bear’s argument in the article was that the name of the store was confusing meanwhile they filed a trademark for the name.

companyman
>>33900718

Yeah, the name was similar to their slogan which had me wondering maybe they won a lawsuit about it and were forced to give them the name. But that trademark filing date doesn't support that nor does it make any sense to me. I'll bet there was something shady happening. All their competitors around that time accuse them of being a legal bully.

Brian Hortin
>>33900718

I’m wondering if the smaller company failed to file for the trademark even though they did have a TM next to the name on their website. Build A Bear may have discovered this and then filed to strengthen their legal position. It does smell like legal bullying, but there probably isn’t going to be much of a paper trail to find.

companyman
>>33900718

I wish I knew more about the laws surrounding it but we probably won't find anything conclusive anyway. Appreciate the effort.

Brian Hortin
>>33900718

The closest thing I have any experience with was a mom and pop fishing and hunting store in my college town that was named Outdoor World. They were actually a customer of Bass Pro Shops for years, and then they were told that they had to change the store name because Bass Pro Shops had the trademark on Outdoor World or face legal action. I don’t know the exact timing on that one, but it did teach me the power of a trademark and corporate lawyers. The mom and pop shop did comply and change their name of course since they had no chance/choice.

companyman
>>33900718

Too bad they were forced to change it. Sounds like it was really just bad luck they chose something that turned out to conflict. Hope they weren't harmed too badly from the name change.