‘Patricia Day’ rockabilly Mattel ‘Hard Rock Cafe’ Barbie ‘right of publicity’ ‘false association’ HorrorPops
Continue Reading Rockabilly Barbie Sings the Blues
January 2011
Why Marketing Should Use Du Pont and Sleekcraft Factors
—Randall Hull, The Br@nd Ranch®
The intent of trademark law is fairly simple – avoid confusing consumers with brands, names, trademarks, packaging, and even domain names, which are so similar, consumers cannot determine the origin of the goods or services. In short, make sure what you are planning to use is not confusingly …
What Serious Trademark Owners Do
There are many things that serious trademark owners do throughout the lifecycle of a trademark to mitigate risk, protect the valuable goodwill in their underlying brand, and preserve their valuable investment in this important intellectual property asset. Here is a fairly extensive, but certainly not exhaustive, and often forgotten, list of those things:
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More on Exposing Two-Face Brands
This past summer, as you may recall, I wrote a DuetsBlog post entitled Exposing Two-Face Brands.
Susan Perera helped me expand this post to be featured in the January issue of Minnesota Business Magazine.
The online version of the expanded article can be found here.
Enjoy and please share your thoughts and
Gibson’s Case Strikes Chord with Court
–Dan Kelly, Attorney
In November I commented on Gibson Guitar Corp.’s suit against the makers and retailers of PAPER JAMZ toy guitars. To recap briefly, past efforts by both Gibson and Fender Music to enforce trademark interests in their respective guitar body shapes have been largely unsuccessful.
Until now.
On December 21, 2010, the U.S.
Master Blaster!

It was recently announced that Augusta National (home to golf’s famous Masters tournament) would be featured in the latest installment of the Tiger Woods video game. For those of you unfamiliar with the franchise, it has sold millions of games over the past dozen years. Some of the keys to success, in my opinion, are that…
Trademark Bully Update: IPO Says Not a Problem
The Intellectual Property Owners Association (IPO) submitted its comments last Friday in response to the USPTO’s recent invitation for input on whether “trademark bullying” is a problem.
In response to the USPTO’s key question “Do you think trademark ‘bullies’ are currently a problem for trademark owners, and if so, how significant is the…
Right Royal, Protecting a Royal (To-Be’s) Name
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–Susan Perera, Attorney
Just across the pond, the UK has been aflutter with the news of the royal engagement of Prince William to Kate Middleton since the story broke back in November.
As with many high profile events, this one has spurred some creative ways to profit from Kate’s newly elevated status. One area of…
Part II: Social Media Rules!
—Rose McKinney, APR, President, Risdall McKinney Public Relations
For an equally fascinating perspective on social media within regulated industries, I took a different seat at the Life Science Alley annual conference on December 8 – as a panelist representing the role of the marketing communications agency. Together with panelists Dorothy Gemmell , senior vice president of…
Which Non-Verbal Logo Doesn’t Belong?
Welcome to another addition of Non-Verbal Logos that truly stand alone (without words). Other additions here and here. The latter was generously republished by David Airey.
So, as we’ve said before, pictures can say a thousand words, but which logo doesn’t belong here:
My answer below the jump.Continue Reading Which Non-Verbal Logo Doesn’t Belong?








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