The spicy history of a trademark

01/11/23

We recently learned about the fascinating history of the Old Bay seasoning brand and, as we do here, became intrigued by the branding lessons ingrained in that history.

According to a number of accounts (one of them available here), Old Bay was created around 1940 by spice maker Gustav Brunn, a German Jew who spent a short time in the Buchenwald concentration camp before his release was secured by a German lawyer and he emigrated to the U.S. Once here, Brunn and his family settled in Baltimore. Brunn first worked for spice maker McCormick & Company, but his tenure was short-lived. After his stint at McCormick, Brunn spent many years preventing them from learning his Old Bay secret formula. However, after a decade’s long rivalry and Brunn’s death, McCormick purchased Old Bay for $10 million. Today, the brand is ubiquitous in Baltimore especially on crab, the official state food of Maryland.

The power of a catchy trademark: Old Bay wasn’t always Old Bay. When Brunn began marketing his seasoning mix, he called it “Delicious Brand.” Eventually, a friend in the advertising business convinced him to change the name. Brunn selected Old Bay, after the Old Bay Line steamship company.

Co-branding: In the years since its purchase, McCormick has expanded the Old Bay brand through strong co-branding, with everything from Old Bay-flavored Goldfish crackers to Old Bay vodka. Today, McCormick still owns the trademark registration for OLD BAY for seasoning filed in 1945, as well as registrations for goods and services including restaurant services, clothing, and a variety of merchandise including dishware and Christmas tree ornaments.

Enforcement: Along with a strong branding strategy, enforcement often plays a part in the health of a trademark. In 2018, McCormick opposed the application of healthy lifestyle company Primal Palate to register NEW BAE for organic spices and also sued in federal court. The parties settled the suit. Primal Palate abandoned its trademark application, though NEW BAE seasoning is available for purchase on the company’s website.

Who knew how a small container of spices with a storied history could contain so many trademark lessons?