DuetsBlog Collaborations in Creativity & the Law

Monthly Archives: May 2009

“Chief Wahoo” Re-Branding Underway? A Painful Lesson on Saving Face

By on Posted in Advertising, Branding, First Amendment, Marketing, Trademarks

     A picture can say a thousand words; so does a face. The same is probably true of non-verbal logos, including the several federally-registered "Chief Wahoo" logos, shown above (all apparently still in use by the "Cleveland Indians" professional baseball team, according to their latest trademark filings). So, what do they say to you? My take? I can… Continue Reading

Yellow + Blue =

By on Posted in Trademarks

The Merriam-Webster On-Line Dictionary tells me that “green”—that word that kindly describes that most vilified of veggies and represents the very being of a beloved character—has been a verb since before the 12th Century. I will take their expert word for it, in spite of the fact that it is only in the past few years… Continue Reading

Twitter Squatting? Trademarks and Twitter

By on Posted in Advertising, Almost Advice, Branding, Domain Names, Guest Bloggers, Marketing, Trademarks

What is Twitter? What’s a Tweet? Can I be Tweeted?  Will a Tweet hurt? Twitter is a micro-blogging portal that allows for sharing messages and links that are 140 characters or less and it is being talked about everywhere. This buzz is causing clients to ask questions, similar to those above, about what this space means for… Continue Reading

A Memorial Day Suggestive Branding Challenge

By on Posted in Branding, Domain Names, Marketing, Trademarks

Memorial Day is another example of successful re-branding: Memorial Day apparently used to be called Decoration Day. Although most appreciate and understand that this federal holiday since 1971 comes on the last Monday in May, there is a concern that "many Americans nowadays have forgotten the meaning and traditions of Memorial Day." It is more than a three-day… Continue Reading

A Pig or A Dog?

By on Posted in Branding

  It seems everyone is re-branding these days. George Stephanopoulos was talking about the need for the Republican party to re-brand during his show “This Week“. Should the party change its mascot from the elephant to a pig? Probably not. Pigs over-consume and that is not in vogue with the current state of the economy. In addition, the swine flu has harmed… Continue Reading

When Promos Go Wrong

By on Posted in Marketing

The Minnesota Twins are opening a new outdoor ballpark next year.  At the end of last year, the Twins mailed me a nifty little digital timer that was pre-set to countdown to opening day for the 2010 season.  (These timers hit 500 days back in November.)  While I am an enthusiastic Twins fan, I am… Continue Reading

“Re-Branding Madness in Washington” Overlooks Obvious: The Washington Redskins

By on Posted in Branding, First Amendment, Law Suits, Marketing, Trademarks

Re-branding occurs all the time. Re-branding occurs in business. Remember when Bell Atlantic became Verizon? Andersen Consulting became Accenture? How about when Philip Morris became Altria?   Re-branding occurs in politics too. Just days ago, Judson Berger discussed a kind of "re-branding madness" consuming Washington, D.C. right now: "Terrorist attack is out. — ‘man caused disaster’ is in." Our friends at Catchword Branding had… Continue Reading

Brand Building with Tiny Rock Hammers

By on Posted in Guest Bloggers

Branding is a business of tiny rock hammers and wrecking balls. Hear me out. I’ve always believed that we can cull lessons from movies, so let me share one on branding success from one of my favorites, The Shawshank Redemption. The main character, a banker named Andy Dufraine (Tim Robbins), is sentenced to life in… Continue Reading

Using Another’s Body to Sell Your Products? The Problem of Airbrushing Non-Traditional Trademarks

By on Posted in Advertising, Branding, Food, Goodwill, Infringement, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Sight, Trademarks

  Airbrushing is a familiar technique among advertisers looking to avoid the risk of trademark infringement or dilution liability when branded props of others appear and would otherwise be recognizable. It can work well when removing a traditional visual trademark, i.e., a logo or word mark, because there can be no likelihood of confusion with (or dilution of) a visual… Continue Reading

The Power of Federal Trademark Registration Remains Strong in Tough Economic Times

By on Posted in Almost Advice, Branding, Marketing, Trademarks

The question of whether federal trademark registration should be pursued is a frequent question of those in the marketing world, especially during difficult economic times. I wrote a short piece for Create Magazine a couple of years ago, and you can read it, here. As you will see, there are many benefits to registration and some significant risks… Continue Reading

Discriminating Palettes

By on Posted in Food, Taste

I submit that when a multi-million dollar study finds that one of the “core aromas” of one of the top-selling wine varietals in the world consists of one of the foulest smells known to man AND a winery seizes the day to incorporate said core aroma into a distinctive brand name, there may very well… Continue Reading

Look Before You Leap! The Dangers of Not Clearing Brands Before First Use

By on Posted in Advertising, Almost Advice, Branding, Marketing, Non-Traditional Trademarks, Trademarks

During tough economic times, we all look for places to cut costs. For anyone wondering whether it is wise to cut corners on due diligence when launching a new brand or product name, consider the consequences by reading a short piece I wrote for Create Magazine a couple of years ago, here. Nothing has changed, this is… Continue Reading

Virtually Infringed

By on Posted in Advertising, Infringement

The overlap of virtual reality and intellectual property is a relatively recent phenomenon. The advent of virtual worlds, such as Second Life, has created increased opportunities for legitimate marketing and branding, as well as, increased opportunities for infringement. Second Life even has its own bar association for those interested in virtual legal practice. If you… Continue Reading

Best Brand Development? Oprah!

By on Posted in Branding

While on maternity leave, I watched a lot of daytime television. From this experience a learned a few things.   First, I am incredibly happy I didn’t discover A Baby Story until after I had given birth. Second, whatever Oprah mentions turns to gold.  Oprah’s marketing power comes as no surprise to anyone. She has been popularizing products for… Continue Reading

Beware–There May be a Hidden Franchise Lurking in Your Trademark License

By on Posted in Agreements, Almost Advice, Contracts, Loss of Rights, Marketing, Trademarks

Too often, trademark owners that seek to exploit their brands through various licensing arrangements inadvertently fall into the trap of an unintended franchise. Such disguised franchises can lurk in a variety of agreements and relationships, including reseller, distribution, and independent contractor agreements that include a trademark license with a fee along with very detailed quality… Continue Reading

How Hot Will This Saucy Trademark Chip Fight Be? Blazin’ Hot? Now, That’s Hot!

By on Posted in Advertising, Branding, Food, Infringement, Law Suits, Marketing, Sight, Trademarks

There is no question that attempting to own "hot" or versions of "hot" appears to have great value and importance in the marketing world. So, how many original, unique, and memorable ways are there to communicate spicy "hot" anyway? As to memorable, perhaps painfully memorable, Paris Hilton apparently sells designer clothes under her "That’s Hot" brand, and judging from… Continue Reading

Can I Get A Little Help Here?

By on Posted in Almost Advice, Marketing, Trademarks

Under Consideration’s Brand New Blog has recently commented on a couple marks that incorporate acronyms for what appear to be otherwise merely descriptive phrases. For example, the mark FPO (For Print Only) used in connection with a blog concerning the production of printed projects immediately conveys information about the nature of the blog. And LB Little, Brown… Continue Reading

Is Naming a Billion Dollar Entity Different Than a Million Dollar One?

By on Posted in Guest Bloggers

Capsule recently helped name an international spin-off from Fiserv (a $10 billion business), now called StoneRiver and comprising one billion dollars in revenue. This seemed like the perfect opportunity to compare that process with our experience naming a million dollar business in the promotions category: Sidecar. Now that both projects are successfully completed, we can certainly… Continue Reading

Staying on the Right Side of the Line: Suggestive vs. Descriptive

By on Posted in Advertising, Almost Advice, Branding, Food, Marketing, Sight, Trademarks

My last post explored the fine — but critically important – line, between suggestive and descriptive naming styles, here. As you will recall, marketers and naming gurus who select from the former category are rewarded with immediate rights; selecting from the latter category leaves one in limbo until acquired distinctiveness can be proven, if ever. Landing on the right side of the… Continue Reading