“How Rip Got His Name”
by JD Daniels & Kathryn Tschopik-Daniels
In the spring of 2010, the Robot Design class taught by Prof. JD Daniels and Kipp Bradford at Brown University was tooling up to automate stroopwafel making, and Brown senior Abhishek Pruishken was creating more publicity about his Van Wafels creations. Scanning the internet in Phoenix, Arizona, management at Van’s Natural Foods saw the presence of Van Wafels. Van’s Natural Foods supplies Whole Foods with gluten-free versions of frozen toaster-ready waffles—like Lego waffles—marketed under the name “Van’s Waffles.”
Counsel for Van’s Natural Foods sent Abhishek a letter demanding that he cease using the name Van Wafels, or face a lawsuit. Prof. Daniels told Abhishek about his wife, Kathryn Tschopik, or Kate. Kate is a lawyer—a business litigator. Would Abhishek mind if Kate looked over the letter?
Solely as a pro bono matter, Kate read the letter. She looked into Van’s Natural Foods’ trademarks. She found that there was no actual trademark for Van’s Waffles on file with the Patent and Trademark Office. However, Kate thought it was likely that Van’s Natural Foods would prevail against Abhishek’s mark “Van Wafels” through the “continued use” doctrine. She called Van’s outside intellectual property counsel to negotiate a settlement. By painting an accurate picture of Abhishek being an enthusiastic undergraduate from Amsterdam with a genuine interest in bringing Dutch stroopwafel culture to America, she persuaded lawyer Danielle Janitch that Abhishek’s stroopwafels were no competition for Van’s Waffles. Kate further negotiated that Abhishek could use the word “van” in his mark if it were shown with a lower case “v”!
As Abhishek talked to Prof. Daniels and Kate, he said he wanted a name that connected his wafels to the long tradition of Dutch culture in America. Then Kate had a brainwave. The iconic story of Rip Van Winkle combined elements of Dutch and English culture in early America. They asked Abhishek if he had ever read the Washington Irving story. He said, “No.” Prof. Daniels proceeded to the Athenaeum Library children’s section and checked out the 1905 Arthur Rackam-illustrated version for Abhishek.
Abhishek came back a few days later really liking the story. He particularly liked Rip Van Winkle’s dog, Wolf. At that point Kate presented Abhishek with her inspiration: the stroopwafel mark should be “Rip van Wafels,” with a lower-case “v.” Abhishek’s parents had just come to Providence to visit him. Prof. Daniels, Kate, Abhishek and his parents all went to lunch at a little sandwich shop on Wickenden, a charming street on the East Side of Providence, near Brown University. Kate explained that since the name “Rip van Wafels” sounds so much like “Rip Van Winkle,” the name would give the product instant name recognition. In the United States, even if someone has never read the story, they’ve heard about Rip and his 20-year sleep. Further, she explained, Abhishek should keep using Dutch colors and the lion from the Dutch flag to emphasize the Dutch origins of stroopwafels. Abshishek’s parents saw the logic, and Abshishek was completely on board. Everyone in the Robot Design class agreed, too.
Abhishek went to RISD professor Ed Fella, one of the world’s leading experts and designers of fonts, and convinced Prof. Fella to create a new logo. The result, prominently featuring a waffle design, is shown below:
Abhishek got his product name for free. Kate advised--also pro bono--how to form a corporate persona.
Eventually Abhishek adopted the nickname, “Rip.” Everyone accepts the new nickname. Thus, the company and Rip forged a new Dutch-American corporate and personal identity.
Read more about Rip and his stoopwafels at their website
http://www.ripvanwafels.com/
And see Rip as one of Forbes 30-under-30 in the Food and Drink Business...
http://www.forbes.com/30-under-30-2016/food-drink/#4dd5d6e5ccef