Today is a really, really big day for trademark types. As many of us have been saying for a couple of years now, trademark fraud (i.e., fraud on the U.S. Trademark Office) continues to be one of the hottest issues facing trademark owners and the attorneys who represent them. Perhaps after today, not so much, but who really… Continue Reading
Monthly Archives: August 2009
Medline Industries, Inc. v. 3M Company (False Advertising Complaint Attached)
Posted in Advertising, False Advertising, Law Suits, Marketingv. (Medline Sterillium Rub) (3M Avagard Surgical Scrub) In a very recent false advertising lawsuit, Medline Industries is all lathered up, alleging that 3M Company is playing dirty in the surgical hand antiseptic marketplace by making false and misleading statements in advertising about 3M’s Avagard brand surgical scrub and Medline’s competing Sterillium Rub brand surgical hand antiseptic. Here is… Continue Reading
Beatles Trump U2 in the UK
Posted in TrademarksBeatles “Stella McCartney” Stellanude “Nude Brands” “Ali Hewson” UK “European Union” Perfume eBay Injunction Patent “Trademark Dispute”
I See Blue Ovals
Posted in Branding, Dilution, Famous Marks, Food, Marketing, Non-Traditional Trademarks, TrademarksI think Steve once remarked something to the effect that the Internet is employment security for trademark attorneys. Road tripping is too. On one such recent occasion, my wife remarked on the similarity of Culver’s blue oval signage to Ford’s famous blue oval. Obviously, there is no issue here from a trademark infringement standpoint. Culver’s is clearly… Continue Reading
Securing the Desired Turf For A Trademark Battle
Posted in Advertising, Agreements, Dilution, Famous Marks, Infringement, Law Suits, TrademarksLet’s talk turf today, two kinds. OK, maybe three. First, with Target Field looking more and more like the long-anticipated brand new outdoor home ballpark for the Minnesota Twins, all Twins fans and the local media can think or talk about this week is the new real bluegrass blend turf being installed now (as I type this blog post, in… Continue Reading
Percolating over Trademark Enforcement
Posted in Almost Advice, Food, Infringement, TrademarksRecently, I stopped in a neighborhood coffee shop for an iced coffee. It was a fabulous little coffee shop in a neighborhood I don’t frequent and whose name I won’t mention. Anyway, while perusing the menu, I noticed they offered a blended coffee drink under the name Frappuccino. Noting the teenager behind the counter, I did not… Continue Reading
Viral Marketing: Building the Lore
Posted in Advertising, Branding, Guest Bloggers, Marketing, Social NetworkingSo what is viral marketing? The simple answer is: a marketing strategy that encourages people to pass along a marketing message. Some will argue it’s a fancy word for word-of-mouth marketing. Others insist it has to take place online—through blogs, Twitter and such. But no matter how you define it, the beauty of a well thought out and executed… Continue Reading
Single Letter Chewing Gum Brands: A Lasting Flavor or Just B S?
Posted in Advertising, AlphaWatch, Branding, Food, Marketing, TrademarksMy recent family road trip through the heartland had me spending more time than usual pumping gas and shopping in convenience stores, so a few chewing gum brands "gone single letter" caught my eye. As you may recall, I already have reported on Single Letter Envy in Hotel Branding…. Continue Reading
An Ounce of Prevention is Worth a Pound of Cure
Posted in Almost Advice, TrademarksThe importance of logos in branding has been discussed in detail. Although words are generally thought of as the most dominant portion of a trademark because they are spoken by consumers, the logos themselves convey equally powerful and important messages. Which is why this element in the overall branding strategy should be cleared by trademark counsel prior… Continue Reading
Lee? L.e.i.? Tomato? Tomahto?
Posted in Advertising, Branding, TrademarksI should confess, if I haven’t already, that I do not watch much television. I’m not sure if T.V. viewing would have helped me to be more knowledgeable on what follows, but I was surprised on a recent road trip when my wife and I saw a semi trailer splashed with pictures of Taylor Swift… Continue Reading
Pros and Cons of Stand-Alone Non-Verbal Logos and Other Trademark Styles: A Legal Perspective
Posted in Advertising, Branding, Infringement, Marketing, TrademarksAs promised earlier this week, in my post entitled "Without Words, But Not Speechless: More On Non-Verbal Logos That Can Stand Alone," here is my effort to identify, from a legal perspective, some of the pros and cons of non-verbal logos and other trademark styles. But, before addressing the legal implications, it is worth noting that a number of our insightful readers and commenters already… Continue Reading
A Sentimental Bond
Posted in Advertising, BrandingLast Sunday was an exciting day for me, as it marked the return of my favorite TV show, Mad Men. For the uninitiated, Mad Men details the personal and professional drama of everyone from the top executive to the switchboard operator of the Sterling Cooper Agency, a Madison Avenue advertising agency working with some of… Continue Reading
A Shack by Any Other Name…
Posted in Advertising, Branding, Guest Bloggers, Marketing, Trademarks, TruncationRadioShack recently introduced a new name, rebranding its stores "The Shack", which now adorns their retail environment and marketing efforts. The change was prompted by a desire to update the 88-year-old brand as they transition to mobile phone and wireless products without losing brand equity and mind-share, according to RadioShack. As Dan Neil of the Los… Continue Reading
Without Words, But Not Speechless: More On Non-Verbal Logos That Can Stand Alone
Posted in Advertising, Branding, Famous Marks, Food, Marketing, TrademarksMy family vacation and road trip through the heartland this past week has yielded a few photos for discussion. For example, here is a captured pair of non-verbal logos that can stand alone, without the need for any words. As you may recall, one of my previous blog posts (April 9, 2009) discussed non-verbal logos that can… Continue Reading
“Swiss Army” Goods Made in China?
Posted in Branding, Famous Marks, International, Trademarks= or ? In March, I commented on the possibility that Victorinox and Wenger, long-time makers of Swiss Army knives, were stretching the Swiss Army brand too far, to the detriment of the overall quality of the goods and the goodwill in the Swiss Army trademarks. A recent development seems to support my hypothesis. Victorinox, which… Continue Reading
Fair Use of the Google Name, Logo, and Distinctive Color Combination?
Posted in Advertising, Fair Use, Infringement, International, Marketing, Search Engines, TrademarksThis unsolicited e-mail communication from the Caribbean Island of Nevis got trapped in our spam filter, but I thought I’d remove the link and bring it out under a short leash for some legal training and discussion: Trademark fair use, you ask?
New York Court Provides No Assistance To “The Little Blue Box” Company
Posted in Counterfeits, Dilution, Infringement, International, Product Packaging, Sight, TrademarksI, like most women, want a present in a little blue box from Tiffany & Company (a/k/a Tiffany & Co.) This is not just because the company bears my name (I only wish I were an owner of the company), but because Tiffany & Co.’s exquisite jewelry is associated with the fabulous blue box. Tiffany &… Continue Reading
To Google® Or Not To Google®
Posted in Advertising, Branding, Genericide, Guest Bloggers, Marketing, Search Engines, TrademarksFull disclosure…I own Google stock. I like their products and their potential. However, I am more than a bit concerned about how they use their names and trademarks. Microsoft® names its products in a traditional fashion. Microsoft is the company; names like Windows, Silverlight, Bing are clearly the products. A very logical naming architecture that makes it clear where… Continue Reading
G gets an F in the Courtroom: The Gatorade v. Powerade Case
Posted in Advertising, AlphaWatch, Dilution, Fair Use, Famous Marks, Food, Law Suits, Marketing, Trademarks, TruncationVS. Almost four months ago now, I blogged about the filing of the Gatorade v. Powerade false advertising and trademark dilution lawsuit, here. At the time, some called Gatorade’s false advertising claims "dubious" and others chided Gatorade for biting Powerade’s bait to file suit. Advertising Age has now reported about the… Continue Reading
Goodbye, Mr. Hughes
Posted in TrademarksThis past Thursday, John Hughes—the mind that created every slumber party-worthy movie of my youth—passed away from a heart attack. Whenever I hear John Hughes’ name, my mind, taking some sort of odd word-association trip, automatically shifts to “The Breakfast Club,” which then makes me think of the Simple Minds song “Don’t You Forget About Me”… Continue Reading
Brand Aid: Successful Marketing with a Generic Word?
Posted in Branding, Food, MarketingSometimes, when times get tough, a business just cannot afford all the expensive branding, design, marketing, and legal consultants . . . or maybe a business has cornered a market and can simply dispense with all but the most necessary of elements:
The Syndication of Friends: Jennifer Aniston Playing BFFL Role?
Posted in Advertising, Agreements, Contracts, Marketing, TruncationLearning at least a few new things each day is a good thing. One of the many things the special women in my life (wife and daughter) taught me today is the meaning of the apparently ubiquitous acronym BFFL: "Best Friends for Life." So, the special men in my life learned something along with me today. I’m… Continue Reading
Fling – a Big Flop with Women
Posted in Branding, Food, MarketingMars recently introduced a new candy bar, Fling, marketed exclusively to women, advertised as “an un-regrettably indulgent new product for women”. The website is predominantly pink and is littered with very stereo-typical one-liners meant to be sexy such as “you never know when you’ll want to have a Fling” and “so tear it open and sneak in… Continue Reading
“No Comment” is No Longer an Option
Posted in Branding, Copyrights, Guest Bloggers, Marketing, Social Networking, TrademarksThe premise of this blog, Duets, suggests a certain harmony results when law and marketing play together. Is the same true for the law and public relations, a discipline that is part marketing and part business management? It brings to mind vintage perceptions of lawyers providing counsel as media swarm people exiting a courthouse. Classic Perry Mason,… Continue Reading
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Duets Blog Authors
Steve Baird
Just so you know, I'm all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, "Who owns these brands" and "Did they really register those marks?" More...
Dan Kelly
You can call me a “non-traditional” attorney, which is a polite way of saying that I did not attend law school straight out of college. I spent five of my first six years after college as a junior high school teacher. The other year I worked as an engineer for a large corporation. More...
Sharon Armstrong
Voted most likely to become an actress while in pre-school, I don’t think I surprised anyone by becoming a lawyer, the steadiest professional gig open to those with a flair for the dramatic. More...
Brent Lorentz
Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. More...
Tiffany Blofield
Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else. More...
Brad Walz
My law career started on the ice…as a defensive hockey player (we’re not talking professionally…and if I were, I probably wouldn’t have gotten into law). More...
Susan Perera
Born into the world with an aptitude for science and an affinity for art I found my career path quickly chosen for me. More...
Joy S. Newborg
When I took a personality/career test in high school to determine which path in life I should follow, I was told I should either be in broadcast journalism or law. So after I went to undergraduate school for broadcast journalism and film/television, I went on to obtain my law degree from the University of Minnesota. More...
Laura Gutierrez
An attorney I am not. Though told to become one, I don't possess those qualities needed to be an effective one (I lack confrontation skills, and although I can write a great argumentative essay, I can’t argue outside a sheet of paper). More...