CHAPTER III

Advertising Characters

The main difference between a trade-mark and an "advertising character"

is in the matter of affixation. A trade-mark, to be valid, must be

affixed to the goods, while an advertising character is often used only

in the advertisements of the product, though most advertisers use their

trade-marks also in advertising.

But there is another difference. A trade-mark is inflexible. After

having been once adopted and registered, it cannot be changed in design

or wording. If changes are made in it, the validity of the trade-mark

is vitiated proportionately. On the other hand, all kinds of changes

are being constantly made in advertising characters, though advertisers

are careful to preserve the main features of a character, after having

adopted it, in order that it may be the touchstone of remembrance in

the reader's mind.

It has occurred to various advertisers, who have been impressed by

the infinite variety of pictures in advertising, that it would be a

good idea for them to put some permanent pictorial feature in their

advertisements. This feature--a human figure, or a decoration, or a

group of figures--serves as an identifying landmark to the voyager in

these weltering seas of change. With this principle established and

followed year after year in all advertisements of any product, it is

feasible to change the entire artistic treatment of the subject from

time to time, yet still hold to the symbolic figures which connect, in

the reader's mind, all the past advertising with the new series.

This line of reasoning underlies the adoption and use of advertising

characters.

An "advertising character"--this is a rather crude term, but it

seems to express the idea better than anything else--differs from

an advertising illustration in that the character is carried on

continuously in the advertising, in some form, while an illustration is

dropped for something new.

[Illustration: _Peter Henderson's famous gardener._]

For example, Peter Henderson's gardener appears, and has appeared,

in every advertisement of Peter Henderson's seeds for many years. In

most of the Peter Henderson advertisements, the gardener is the only

illustration.

The Lackawanna Railroad has used Phoebe Snow for many years in its

advertisements as its star passenger on the dirtless and dustless

road to Buffalo. The scheme of picturing this dainty white-clad girl

in connection with the advertising of a railroad is based on a very

clever idea. Railroad journeys are generally supposed to be dusty and

uncomfortable; but here is an attractive young lady who does not even

go to the trouble of changing her white dress when she makes a trip

on the Lackawanna. The use of Phoebe Snow as an advertising symbol is

suggestive of the cleanliness and comfort and safety of the road.

[Illustration: _The Dutch boy is taken out of the trade-mark and made

to do stunts._]

It sometimes happens that an advertising character is a figure or

a device that has been formally adopted as a trade-mark of the

advertiser's product. The National Lead Company's Dutch painter boy is

a device of this kind. While a trade-mark must not be changed, a human

figure, used as the trade-mark, may be put into another illustration,

and used separately. This has been done in the National Lead Company's

advertising. Their Dutch Boy has been depicted in the act of painting a

house, and in giving a lecture on paint.

The Gold Dust Twins have been engaged in laborious but joyous tasks of

various kinds since about 1880. Gold Dust was first made in 1883, but

the twins, not called at that time "The Gold Dust Twins" had been a

house trade-mark of the N. K. Fairbank Company for two or three years

before that.

[Illustration:

THE

PRUDENTIAL

HAS THE

STRENGTH OF

GIBRALTAR

_The trade-mark of the Prudential Insurance Company._

]

One of the most widely known symbols ever used in advertising is

the representation of the Rock of Gibraltar, which is a feature

of the Prudential Insurance Company's advertising. There is hardly

any doubt that pictures of the Rock have been printed more times in

connection with the Prudential advertising than in all other forms

of representation that have been issued since the art of printed

illustration began.

The conception of the Victor dog, with his head inclined in a curiously

suggestive listening attitude, before the mouthpiece of a phonograph,

with the caption, "His Master's Voice", under the picture, is an

idea that ought to rank among the productions of genius. It would be

interesting to know what the Victor Talking Machine Company thinks its

dog is worth.

[Illustration: _A lady with a smile as inscrutable as that of Mono

Lisa. The advertising symbol of Hubert's Malvina Cream._]

Hubert's Malvina Cream advertising carries a peculiar but strikingly

effective diamond-shaped device showing a woman's smiling face.

The American Bankers' Association, which issues travelers'

cheques, good in every part of the world, has adopted a couple of

travelers--evidently a young man and his wife on their honeymoon

trip--as advertising characters. This well-groomed couple is shown,

in the various advertisements, on the deck of a steamship, before the

Pyramids, in a Venetian gondola, buying curios in the Orient, and in

other places. Before they settle down they will have covered as many

leagues as the Wandering Jew.

The Dutch Cleanser woman, in her eternal chase of dirt, is one of

the best-known advertising characters in current use. This character

is also the trade-mark of the product, and appears on cans of Dutch

Cleanser.

It would be hard to beat this Dutch Cleanser woman as an eye-catcher.

She shows motion, energy in action, and the device has an attractive

simplicity.

[Illustration: _This striking figure of a mountain climber is Peter's

Chocolate Mountaineer. He has reached the summit of the Jungfrau and

is waving his hand to his friends in the valley to let them know he is

there, and that he is about to eat his chocolate._]

An Alpine mountaineer, used as an advertising character of Peter's

Chocolate, has become well-known to every magazine reader in the

country. The use of this figure harmonizes with the phrase "high as the

Alps in quality", which is used in the Peter's Chocolate advertising.

The advantage to be gained, in the long run, by adopting a catchy

and attractive advertising character, is shown by the nation-wide

popularity of the Campbell "Kids". Everybody knows them and their

rippling jingles, and they have no doubt become immensely valuable to

the concern that owns them.

The law of unfair competition protects an advertiser in the use of

an advertising character when the character is the advertiser's own

creation.

In cases where living models are used for this purpose, the advertiser

should remember that a model has a right to sell his services--that is,

to pose--for anybody he pleases. Some advertisers make a contract of

long duration with the models they intend to use, binding them to an

agreement not to pose for any other commercial purpose.

Catch-phrases used in advertising, like Ivory Soap's famous "It

Floats", and Bon Ami's "Hasn't Scratched Yet" are protectable against

infringement and unauthorized use by another than the owner, through

the same principle of law which gives protection to a manufacturer

against a competitor who has imitated his packages, labels and

circulars.

An advertiser's exclusive right to a catch-phrase is conditional on

its constant and persistent use by him. An intermittent use does not

establish a right to use it to the exclusion of others, nor does a use

of the phrase in varying forms of wording, even if the sense of it is

preserved, establish such a right.

It is hardly necessary to say that an exclusive right cannot be created

for a phrase that is not distinctive, such as "Your Opportunity", "Clip

the Coupon", etc. The common language is free to all, and an advertiser

cannot prevent others from using a phrase in their advertisements

merely because he used it in his advertisements first, unless he can

prove that they are using his language with the intention of misleading

the public.

+-----------------------------------------------------------+

| [Illustration] |

| =The Owl= |

| =And The Lamp= |

| |

| The owl is the symbol of wisdom--and wisdom |

| means experience, judgment, and knowledge, combined |

| with common-sense. |

| |

| The lamp is the symbol of light and clearness of |

| vision. Used in its figurative sense it is as old as |

| civilization, for the ancients held the sign of a lamp to |

| mean the power of imagination, illuminating the |

| future. |

| |

| The symbol of the owl and the lamp combined |

| means Light leading Wisdom. |

| |

| This is the advertising symbol of the J. Walter |

| Thompson Company. For many years it has been the |

| trade-mark of good advertising. |

| |

| =J. WALTER THOMPSON COMPANY= |

| |

| =New York: 44 East 23rd Street= |

| =Boston: 201 Devonshire Street= |

| =Cincinnati: First National Bank Bldg.= |

| =St. Louis: Odd Fellows Bldg.= |

| =Chicago: The Rookery= |

| =Cleveland: Swetland Bldg.= |

| =Detroit: Trussed Concrete Bldg.= |

| =Toronto: Lumsden Bldg.= |

| =London: 33 Bedford St., Strand= |

+-----------------------------------------------------------+

[Illustration: _A clean and bright little fellow who adorns Swift &

Company's advertising._]

In the case of the unauthorized use of a well-known, extensively

advertised catch-phrase, this intention is virtually obvious. For

example, if any soap manufacturer should begin to print the N. K.

Fairbank Company's celebrated question, "Have You a little Fairy in

your Home?" in his advertisements and signs, the courts would doubtless

enjoin him summarily, without inquiry into his intentions. This phrase

has been used so long by the N. K. Fairbank Co., and so much money has

been expended in giving it publicity, that its owners have acquired a

valuable property right in it.

"Money invested in advertising is as much a part of a business as

if invested in buildings or machinery, and when the goods of a

manufacturer have become popular, not only because of their intrinsic

worth, but also by reason of the ingenious, attractive and persistent

manner in which they have become advertised, the good-will thus

created is entitled to protection against unfair competition."

(_Hilson v Foster_, 80 Fed. R. 896--1897.)

[Illustration: _This is the advertising symbol used in Swift's Wool

Soap advertising. The little boy in the receding undershirt used

something "Just as good"._]

An interesting case of one concern attempting to profit by the

advertising of another, was in the courts in 1907.

Kellogg's Toasted Corn Flakes were extensively advertised in a series

of "blind" advertisements in newspapers on successive days. These

advertisements, which were of large size and striking in appearance,

showed the picture of a woman winking, with the admonition "Wink at

Your Grocer and See What You Will Get", followed by the letters "K. T.

C." in large type. The idea of the advertiser was to arouse curiosity

by this form of advertising, and particularly by the letters "K. T. C."

After considerable advertising of this kind he had planned to announce

that "K. T. C." meant "Kellogg's Toasted Corn Flakes", and that any

woman might get a package of this preparation free if she would wink at

her grocer.

[Illustration: _This young couple can get cash anywhere on "A. B. A."

Travelers' Cheques._]

But before the final explanatory advertisements appeared, another

concern selling "Cook's Flaked Rice", a similar product, caused

advertisements to be printed in the same newspapers, in which they

announced that "K. T. C." meant "Keep to Cook's".

[Illustration: _"La Belle Chocolatière," the trade-mark of Walter

Baker's Chocolate._]

The Kellogg firm obtained an injunction against this advertising

on the ground of unfair competition, in that the defendant was

misappropriating the good-will created by the Kellogg Company's

advertising.

The widely advertised phrase used in the Pompeian Massage Cream

advertisements, "Don't envy a good complexion; use Pompeian and have

one", is the result of a prize contest, in which many thousands of

people tried their skill at making phrases.

[Illustration: _The Corticelli kitten, the advertising symbol of the

Nonotuck Silk Co._]

The Central Railroad of New Jersey, in advertising its New York to

Philadelphia service, uses a phrase that is a complete advertisement of

its train service in six words. Trains leave New York for Philadelphia

every hour, leaving at ten o'clock, eleven o'clock, at noon, and so on.

Every train leaves exactly on the hour.

The road formerly used the phrase: "Trains every hour on the hour",

and this seemed to be pretty good, but it was thought that something

better might be devised. A great deal of thought was given to the

subject, and as a result the phrase "Your Watch Is Your Time Table" was

devised. This phrase tells the whole story. It is no longer necessary

to bother with time-tables when one goes from New York to Philadelphia.

Just look at your watch. To visualize this idea, the phrase is used in

the advertising in connection with the pictures of a fast train and a

watch.

A celebrated advertising phrase was "You press the button; we do the

rest", formerly used by the Eastman Kodak Company. This sentence

achieved a tremendous popularity, but it had the fundamental defect of

not containing any word which would connect it closely with the Eastman

Company's product. There is hardly a doubt that it was heard and

used by a vast number of people who did not receive any Kodak-buying

suggestion from it.

A short, incisive phrase which does not possess this defect is

"O'Sullivanize Your Walk", used in the advertising of O'Sullivan's

Rubber Heels. When you have a pair of O'Sullivan's Heels put on your

shoes you do not merely invest in a comfort-giving device. It is a

bigger transaction than that. You begin to walk like a man who means

business--you have the erect and confident bearing of success--in

short, you "O'Sullivanize Your Walk".

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