DuetsBlog Collaborations in Creativity & the Law

Monthly Archives: May 2010

Black Coffee Stirs Some Sugar

By on Posted in Branding, Guest Bloggers, Marketing

While we were in Boston for the International Trademark Association (INTA) meeting last week, the BlackCoffee Brand Expression team invited me to speak at an intimate gathering of some of their fans. What a bright and interesting collection of folks, wonderful dialog, and a nice treat all around. Thanks Duets Guest Blogger Mark Gallagher and Laura Savard for… Continue Reading

Rebranding the Big Ten?

By on Posted in Branding, Goodwill, Trademarks

College sports aficionados are likely familiar with the Big Ten Conference.  Beginning in 1912, there were ten schools in the Big Ten.  From 1949 through 1990, those ten schools were Illinois, Indiana, Iowa, Michigan, Michigan State, Minnesota, Northwestern, Ohio State, Purdue, and Wisconsin.  (Michigan State replaced Chicago in 1949.)  In 1990, Penn State joined the conference, and no schools left, meaning… Continue Reading

Facebook and the Grand Privacy Experiment

By on Posted in Social Networking

One topic of interest that has been discussed on numerous occasions here at DuetsBlog is the expansion of social networking sites and the implications for branding. Brad Walz has commented on the benefits and risks associated with social networking cites, while Dan Kelly has commented that the entire model may be doomed to fail. I, myself, have… Continue Reading

Associations Beware! Collective Agreements to License Your Marks to One Vendor May Get You in Hot Water

By on Posted in Almost Advice

The United States Supreme Court recently ruled that agreements among associate members to license their trademarks to one vendor may violate the Sherman Act. In  American Needle, Inc. v. National Football League, the National Football League Properties ("NFLP") terminated its nonexclusive license with American Needle, Inc. to make and sell apparel bearing the NFL team insignias… Continue Reading

Is a Blogger a “Journalist”?

By on Posted in Guest Bloggers

—Michael Keliher, Client Relationship Manager at Fast Horse In many ways, this debate is purely academic. Some talk about the line separating the revered act of journalism from the pedestrian pastime of “just blogging” as if it might simply have some bearing on the way reporters do their jobs in the future. You know, carry… Continue Reading

Marketing Nirvana for Twitter?

By on Posted in Mixed Bag of Nuts

Some marketing types have said that having your brand name verbed by others is heavenly, well beyond flattery, kind of like a marketer’s Shangri-la. As you may recall, we have explored the legal implications of the verbing of brands here, here, here, and here. What about having your brand name used as a reference point in another’s advertising? If you’re the… Continue Reading

It’s Official, Duets Marks Federally Registered

By on Posted in Branding, Marketing, Squirrelly Thoughts, Trademarks

Lest you missed the prior (absence of) fanfare from the United States Patent and Trademark Office (USPTO), we thought you should know (now you have not only constructive notice, but actual notice and knowledge of these valuable and important rights) that we are the proud parents (for those of you who personalize your company’s or client’s trademarks as… Continue Reading

Boston Bound for INTA Annual Meeting

By on Posted in Trademarks

Since we have descended upon Boston, like just about every other trademark attorney in the world, for the annual meeting of the International Trademark Association (INTA), I’ll attempt to keep my remarks short and sweet today. Basically, I’m confident that the highlight of the INTA annual meeting (that has been observed to require an overhaul, to put it mildly) will be the unsponsored, unendorsed,… Continue Reading

I See Black Labels

By on Posted in Branding, Dilution, Loss of Rights, Marketing, Trademarks

Last year, I commented on the ubiquity of blue ovals in branding.  Today, I’m wondering about the BLACK trend in whiskey branding.  Many whiskey distilleries produce BLACK-branded labels: Of course, some don’t use the word BLACK, but do use black labels:   Even when these companies do not use the word BLACK in a particular brand, it… Continue Reading

Ah Ah Ah, Not So Fast Innovating Marketer

By on Posted in Almost Advice

Companies that use nontraditional media, such as blogs, to market their goods and services must still comply with the advertising laws and regulations including the prohibitions on false and misleading advertising. Recently, the Federal Trade Commission (“FTC”) amended its Guides Concerning Use of Endorsements and Testimonials to include several new forms of marketing such as blogs,… Continue Reading

Vee-Dahb’s “Punch-Dub” Ad Campaign a Real Hit Among Juveniles

By on Posted in Advertising, Branding, Marketing, Television

VW continues to live up to its "Drivers Wanted" tagline. Most recently, however, it appears focused on planning for the future, planting the seeds of interest with, and on winning over, those who don’t yet have a license to operate a motor vehicle. As far as I can tell, it appears to be a smart move. Probably my favorite… Continue Reading

Retailer Ann Taylor Dodges FTC’s First Endorsement Enforcement Bullet

By on Posted in Guest Bloggers

—Paul W. Mussell, Senior Counsel in Intellectual Property Group, Wells Fargo The FTC recently completed its first investigation under the “Guides Concerning the Use of Endorsements and Testimonials in Advertising” See guidelines here. The guidelines, which officially went into effect on December 1, 2009, call for online publishers to disclose "material connections" they have with a… Continue Reading

Which “Would You Rather” Would You Rather Play?

By on Posted in Branding, Dilution, Law Suits, Trademarks

A couple of weeks ago, the U.S. Court of Appeals for the Ninth Circuit reversed a district court that had held that the federally registered trademark "WOULD YOU RATHER . . . ?" was merely descriptive as applied to books and games.  (PDF of appellate opinion here.)  Briefly, the facts are that Falls Media owns the aforementioned trademark registration,… Continue Reading

Could’ve. Should’ve?

By on Posted in Advertising

Trademark law is unique. Unlike other intellectual property regimes where the primary concern is protecting the rights holder, trademark law is all about protecting the consumer and maintaining the integrity of the communication exchange between producer and consumer. (That’s why the test for infringement is “likelihood of confusion.”) Unlike patent or copyright laws, which simply create a bundle of rights… Continue Reading

Tavern on the Green Dispute Rages On

By on Posted in Trademarks

The Tavern on the Green dispute came to a swift end, for the time being. U.S. District Court Judge Miriam Cedarbaum granted summary judgment in favor of the City of New York, ordering cancellation of LeRoy’s federal trademark registration for the TAVERN ON THE GREEN mark in connection with restaurant services on the basis of fraud. (See… Continue Reading

Effective & Ineffective Uses of Popular Music in Advertising

By on Posted in Guest Bloggers

 —by David Mitchel, Vice President of Marketing at Norton Mitchel Marketing Many commercials have used popular songs to strengthen the marketing message conveyed. When a commercial uses a popular song well, the music is aligned with the visual imagery and words. It creates a synchronized message that brands hope will induce purchase of their products…. Continue Reading

Managing The Legal Risk of “Verbing Up” Brands and Trademarks

By on Posted in Advertising, Branding, Domain Names, Genericide, Loss of Rights, Marketing, Trademarks

Trademark lawyers need to face the facts. Despite decades of ardent counseling to the contrary, business executives and marketers are not only testing the waters with the treatment of their most valuable brands as verbs, in some cases, they are diving in head first, committing substantial resources and effort toward the clearly stated goal of "verbing up" and having their brands used as verbs by… Continue Reading

Good Bye Google, Hello Whudjagiddumon?

By on Posted in Mixed Bag of Nuts

Rapala’s brand new Whudjagiddumon? billboard ads are now appearing in the Twin Cities metro area, just in time for Mother’s Day: Last Summer Rapala ran billboard ads featuring the controversial tagline: More Hits Than Google:   So, what is Whudjagiddumon? Here is my proposed entry for Webster’s Dictionary: Whud-ja-giddum-on [whatcha-giddem-on] -noun Another word for Plan B;… Continue Reading

Sharing Accolades

By on Posted in Branding, Guest Bloggers, Marketing, Trademarks

We are humbled to share some more exciting news with you. Invesp’s list of the Top 100 Branding Blogs includes DuetsBlog, here. Thank you very much! OnlineDegree Blog has named the 50 Best Blogs for Creative Thinking, and ranked DuetsBlog as #10 on the list. Many thanks for the kind words and the strong vote of confidence!… Continue Reading

Adventures in Twitter Squatting

By on Posted in Goodwill, Marketing, Social Networking

In February, you may have seen this story by Michael Werch in Ad Age about Mr. Werch’s deliberate effort to "Twitter squat" on the Heinz brand with the handle @HJ_Heinz.  It’s an entertaining and instructive read, and, if you’re in a rush, I’ll cut to the chase:  it didn’t work, at least for long.  Two weeks… Continue Reading

Geographic Trademarks

By on Posted in Trademarks

California media outlets reported yesterday that Oakland recently joined a boycott against Arizona due to the latter state’s passage of a new immigration bill, which requires police to question people about their immigration status if there’s reason to suspect they’re in the country illegally.  Other cities considering boycotts include Seattle, Los Angeles, and San Francisco. … Continue Reading

Power to the People

By on Posted in Branding, Product Packaging, Trademarks

Early on in the days of the blog, I wrote a post about Method cleaning products and my fascination with the fact that cleaning products could have not only fans, but vocal, proud fans. To me, Method has always taken a “hey, we’re all in this together” approach to marketing, as evidenced by its slogan “People… Continue Reading