DuetsBlog Collaborations in Creativity & the Law

Monthly Archives: June 2010

“Sit Down Michigan State,” A Collegiate Trade Dress Tale

By on Posted in Branding, Trademarks

            That’s what I called out to this guy at the College World Series in Omaha last week, after "down in front," received no reaction. That’s right, "Sit Down Michigan State," obtained the desired result, but not without a somewhat funny look back. When he turned around I realized the funny look wasn’t simply a reaction to interrupting his… Continue Reading

Now That’s a Peach . . . of a Trademark Description

By on Posted in Marketing, Sight, Trademarks

Mark Prus recently highlighted some examples of a do-it-yourself naming faux pas, where he asked "What were they thinking?!" This one probably deserves the same question and, at least to me, clearly falls into the category of a do-it-yourself trademark application faux pas. Just so you know, I innocently stumbled across this recently abandoned trademark application for the above shown design trademark in connection… Continue Reading

My, my, my . . .

By on Posted in Branding, Marketing, Trademarks

I recently had another experience of coming across a branding trend that, while perhaps old in the creative world, hit me squarely through close-in-time repetitive encounters with the phenomenon, starting with these three marks: Not to get too complex, but the "My 29" station carries broadcasts of nearly all home and away Twins games (and I… Continue Reading

How To Kick The Tires of a Cloud Computing Company

By on Posted in Almost Advice

Recently, I discussed the importance of thoroughly investigating a cloud computing company before handing over your data or information technology operations to a stranger. This topic begs the question of how to go about investigating these companies. Some of the larger, public companies make some of the relevant information publicly available. For example, Salesforce.com publishes some of the… Continue Reading

Does Opinion Predict Behavior?

By on Posted in Guest Bloggers

— David Canaan, Laurel Group, Brand Development Advisors Early in my graphic design career I watched my first focus group as twelve strangers evaluated three logo candidates for a popular savings and loan. It was an eye-opening experience to sit behind a one-way mirror and hear a participant sourly exclaim, “It looks like G–damn world… Continue Reading

Unlawful Tarnishment of Chevron’s Shining Texaco Star?

By on Posted in Agreements, Contracts, Dilution, Famous Marks, Goodwill, Law Suits, Non-Traditional Trademarks, Trademarks

An interesting trademark case recently was filed in federal district court in Minnesota, Chevron Intellectual Property LLC et al v. MDW Equity Partners, LLC, a pdf copy of the complaint here. As beleaguered BP‘s once valuable goodwill and reputation continues to flounder in the court of public opinion with the tragic gulf oil spill and disaster (by the way, how… Continue Reading

Who’s Your Daddy?

By on Posted in Mixed Bag of Nuts

It’s hard to beat hearing a young child wake up saying, "Happy Father’s Day, Dad," without adult prompting. Thanks, little man. On that note, it seems fitting to ponder the origin of the well-known, if not famous phrase "Who’s Your Daddy?" Wikipedia notes the early lyrical use of the phrase by the Zombies in the 1968 hit… Continue Reading

Holding the Line on Decency

By on Posted in Advertising, Trademarks

One of the hottest pieces of blogfodder these days is the recent ad for Huggies Jeans diapers.  Others have commented on the taste aspects of this ad.  My question?  I wanted to know whether Kimberly-Clark applied to register trademark rights in the tag line, "The coolest you’ll look pooping your pants."  As far as I… Continue Reading

Testify!

By on Posted in Advertising

No, I’m not referring to the Rage Against The Machine song. I’m talking about something much more exciting: commercial testimonials and endorsements! Have you ever watched commercials containing celebrity endorsements or customer testimonials and wondered where the line is for the things they say? For example, when you see an absolutely atrocious commercial for something called the Cookie Diet… Continue Reading

One Great Tub Deserves Another

By on Posted in Advertising

There is a great new commercial by Petco (view here) for pet food that is purported to improve a dog’s health and vitality.  The commercial starts with a dog reflecting on being called fat and feeling lazy.  But, after eating the new food, the dog has more energy and feels young again.  The  way the commercial ends is… Continue Reading

GM’s Chevy Trademark Dodges Fatal Lyrics: “This’ll Be The Day That I Die”

By on Posted in Branding, Famous Marks, Goodwill, Loss of Rights, Marketing, Trademarks

My trademark antennas automatically rise when I hear about a brand owner announcing plans to trade in one brand for another, as GM recently and surprisingly did with the Chevy nickname (brand and trademark), in favor of the longer and more formal Chevrolet brand name (and trademark). Hat tip to Nils Montan of IPAlly, for spotting GM’s Chevy veering… Continue Reading

Droid Does Poor Billboard Placement

By on Posted in Advertising, Marketing

Continuing on my previous comments that the entity(-ies) responsible for the Droid phone (i.e. Verizorolagoogasfilm, or whatever the consortium of Verizon, Motorola, Google, and Lucasfilm is going by these days) are not necessarily following the "don’t be evil" motto, the billboard below, found along a very busy interstate, strikes me as poorly placed: Perhaps I’m… Continue Reading

Buyer Beware Is Becoming Increasingly Important in the Cloud

By on Posted in Almost Advice

For the most part, cloud computing is known as allowing businesses to have access to expensive software programs at a fraction of the cost. However, a relatively new service is now entering the cloud. RingCentral is one of an increasing number of companies offering sophisticated suites of Internet-based voice and fax services that require no hardware or… Continue Reading

Got Mammary Gland Excretions?

By on Posted in Guest Bloggers

—Jason Voiovich, Ecra Creative Group Key Points: 1. The National Milk Producers Federation wants the FDA to crack down on plant "milks" (i.e. Silk) using the word "milk" to describe their product. 2. The dairy industry has reason to worry – dairy consumption isn’t quite keeping pace with inflation, the soy milk market (while small)… Continue Reading

Waking Up to Brand Extensions & Due Diligence

By on Posted in Branding, Food, Goodwill, Infringement, Marketing, Product Packaging, Trademarks

It appears that energy drink brands have found another way to expand or extend their reach while still getting their active ingredients into the bloodstreams of consumers. This past weekend I encountered the Amp brand, not only in the refrigerated cases of convenience stores, but also at the grocery store check-out register, side by side with other traditional chewing gum brands. Some other blogs have… Continue Reading

Welcome to the World of Plasticville, U.S.A.

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

I enjoy stumbling upon niche products and markets that I am completely oblivious to in my day-to-day life.  One such recent find was a store dedicated to model trains.  Growing up, I built a few models–typically aircraft, and eventually model rockets.  I’ve consequently always had a dim awareness that model train building is a niche… Continue Reading

Art-ful Disclosure?

By on Posted in Branding

Have you heard of “The Gates”?    How about “The Umbrellas”? And how about the aptly named “Wrapped Reichstag”?  All three are art installations undertaken by the artists Christo and Jeanne-Claude, who have made a career of conceiving and constructing truly large-scale environmental art works often consisting of the wrapping, draping, and placing of swaths… Continue Reading