Personal foul in the Red Zone

I understand the need for companies to protect their brands and proprietary products but I think the Heinz Company is offsides in asking the Red Gold  Company of Indiana to stop a charity program because of trademark infringement.  The brouhaha started a week ago or so - The Indianapolis Star tells the story for us.

"The H.J. Heinz Co. of Pittsburgh has filed a complaint with the Colts over the NFL team's partnership with ketchup and tomato products manufacturer Red Gold of Elwood, Ind., over some informal naming rights.

Red Gold says in a statement today that Heinz filed a cease-and-desist order with the Colts objecting to Red Gold being a sponsor of the Colts' "red zone" during team's time on offense. "Red zone" is a nickname for the defensive team's area of a football field inside the 20-yard-line.

For the past four seasons, Red Gold, which is an official Colts sponsor, has donated 136 tons of canned tomato products to Indianapolis area food pantries each time that the Colts have scored a touchdown from the “Red Gold Red Zone” during home games.

Red Gold officials today say Heinz filed a legal challenge claiming ownership of the term “red zone.”

Details of that legal complaint were not immediately available. The news release says that the “red zone” is not trademarked but became accepted vernacular of the game 22 years ago.

Heinz sponsors the “Heinz Red Zone” at Heinz Field, home of the Pittsburgh Steelers."

So Heinz says it's  a trademark infringement.  Red Gold and the Colts say no way.  The Red Gold Red Zone program in Indy has filled local food pantries with 136 tons of food over the last four years.  The Heinz effort appears just to be a branding program for themselves.

It always amazes me when these kind of David and Goliath scenarios crop up.  And they seem to do so with regularity.  Goliath just never seems to learn his lesson.  Heinz looks like the big bully and Red Gold, a regional brand, gets tons of awareness and good will they would never have paid to get.

Another reason to cheer for the Colts in the Super Bowl.