There is another excellent webinar coming next week on April 6, dealing with the very hot topic of trademark bullying. This one is provided by Strafford Publications, and the details are here. Thanks to John Welch for his post on the program too. As before, first two people to post a comment receive free attendance!
Monthly Archives: March 2011
Hashtags: A Tutorial
Posted in MarketingTwitter hashtags can be very useful when used properly. And by useful, I do not mean in a selling capacity. Most users utilize hashtags to connect, to learn, to network. Think of it as if you were going to a conference—you’ve all got an interest in [fill in the blank]. You’re both on Twitter, that’s… Continue Reading
Smartphone Mania Has Resulted in IP Activity
Posted in Branding, Law Suits, TrademarksThe smartphone market is very litigious. Taiwanese company HTC Corporation (“HTC”) filed a declaratory judgment action against Samsung in Washington last week. The lawsuit came on the heels of receiving a cease and desist letter from Samsung regarding HTC’s “Inspire” line 4G android cell phones. In its lawsuit, HTC seeks a judgment that it can use the “Inspire”… Continue Reading
Enough Already – Social Media Is Not A Comprehensive Marketing Plan!
Posted in Guest Bloggers—Debbie Laskey, MBA Go ahead and admit it. Consider this blog post as a form of marketing therapy. As marketers, we’ve all heard that ridiculous statement spoken at least once – for others, much too often. We might have heard it stated by a co-worker or by a member of the IT department. We may… Continue Reading
Power & Balance or Plastic & Placebo
Posted in Advertising, Branding, International, Law Suits, Marketing, TrademarksHave you noticed the popularity of silicone and plastic wrist bands? Apparently very big business. My fourteen year old son just bought another today for about $30. He has informed me that Power Balance is the leading and most desired brand and there are many "cheaper imitations" out there. I don’t wear one, and have no plans… Continue Reading
Just Rewards?
Posted in CopyrightsWhat if a car thief stood before a judge and said, “Yes, I know I’ve stolen thousands of cars and broke the law, and I’m ready to make some reparations to the owners. But I think you should grant me permission to take all the cars I want in the future so that it wouldn’t… Continue Reading
Post-Sale Initial Interest Trademark Confusion?
Posted in Branding, Marketing, TrademarksTwo of the above magazine titles were displayed on the coffee table of the condo that we rented over our recent spring break vacation (the first and third from the left). My first reaction was, good grief, The Oprah "owns" coffee table tops in Grand Cayman too! My family members also wondered about a possible connection… Continue Reading
See You In The Parking Lot After School
Posted in Law SuitsIt appears the topic of “trademark bullies” has been trending up recently. (For example, Steve Baird posted about an interesting Webinar that he moderated about dealing with “trademark bullies.”) Since I’m a shameless bandwagon jumper and fad follower (just ask my Pet Rock), I figured I’d write my own trademark bullying post in an effort to capitalize… Continue Reading
Pick A Fight With A Warlock, Trademark A Sheen-ism
Posted in Idea ProtectionMedia spectacle, train wreck, or marketing bliss, it’s up to you, but you can’t escape the news about Charlie Sheen’s rambling webcasts, or the overnight success of his Sheen-isms. If you haven’t had your fill, feel free to take a moment at this website dedicated to sharing some of Sheen’s memorable statements. Last week multiple news… Continue Reading
“Los Doyers” Goes Legit. Are You Cheering?
Posted in Guest Bloggers—Nancy Friedman, Chief Wordworker at Wordworking and author of Fritinancy I’m a native Angeleno who’s lived for many years in the San Francisco Bay Area. I was happy when the San Francisco Giants won the World Series last year, but I’ll never outgrow my childhood enthusiasm for the Los Angeles Dodgers. So it was with… Continue Reading
When Brand Consistency Yields Brand Redundancy
Posted in Guest Bloggers—Jesse de Agustin, Brand Strategist Consumers are familiar with the Gap brand; and perhaps too familiar. I argue that brands must embrace consistent action while being aware that a redundant experience has potential to cause consumer apathy. There is a fine line – we want brands to be familiar to us – but not the… Continue Reading
View Free Webinar Here: Strategies for Dealing With “Trademark Bullies”
Posted in Trademarks, TTABLast month I mentioned a trademark bullying webinar available through Minnesota Continuing Legal Education (MinnCLE), here. Tuition was $95 for 75 minutes of action-packed discussion on this very hot topic, so, a real bargain. Now, MinnCLE is graciously making it available for viewing free, here, so enjoy. (No CLE credit). By way of preview, yours truly set up the topic… Continue Reading
Aflac Duck Speechless Over Gilbert Gottfried’s Firing
Posted in Advertising, Audio, Branding, Contracts, Goodwill, Marketing, Non-Traditional Trademarks, Sound, Television, TrademarksIf the Charlie Sheen train wreck has not offered enough fodder for your idle moments, this week Aflac fired Gilbert Gottfried as the voice of the Aflac Duck due to tasteless jokes that Gottfried tweeted in the wake of last week’s earthquake and tsunami in Japan. Where Sheen was the face of a hugely successful… Continue Reading
Having An “Authentic Presence” Online
Posted in MarketingThe buying and selling of goods and services is NOT what it used to be. The market is more competitive; big corporations and businesses are no longer on top despite (perhaps in spite of) their size. And consumers…well, we now have platforms that have the potential to reach millions to get out our message—good or… Continue Reading
Will the Outcome of the Net Neutrality Debate Derail the Cloud Computing Train?
Posted in Almost AdviceCloud computing is changing the game on how business is conducted and how businesses operate much like the PC revolution. And the cloud computing trend is roaring forward. A new wave of cheap mobile devices will soon provide many more people with access to the Internet and mobile app market. Then there is the tablet wave that was… Continue Reading
Associated Press Sued in Minnesota Over Krawczynski Twitter Tweet
Posted in First Amendment, Law SuitsJust the other day, I read a news report commenting on how relatively few lawsuits have resulted from the explosion in the use and popularity of Twitter, especially given all the potentially actionable statements made using that social media platform. Well, here’s one of interest, hot off the press so to speak, not only for those in… Continue Reading
Why We Like Brands
Posted in Branding, Guest Bloggers—Michael Gury, Principal, Public Relations/Communications at Michael Gury Communications LLC A while ago, after years of development and stewardship of brands (protecting those using copyrights and trademarks, and assigning appropriate “brand value” to each) I was assigned to the task of developing new businesses and revenue based on the BBC (British Broadcasting Corporation) brand in… Continue Reading
A Few Trademark Grammar School Facts
Posted in Copyrights, Genericide, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Trademarks, TruncationAny recent graduate of trademark grammar school knows, at least, the following twenty facts (perhaps there is, at least, one opinion among them): A trademark identifies, distinguishes, and indicates the origin of goods; A trademark should be searched and cleared before adoption and first use; A trademark needs a trademark attorney to take a position on availability; A trademark… Continue Reading
False Start? Riedell v. Adidas
Posted in Branding, Famous Marks, Law Suits, TrademarksLast month there was some press about a pair of trademark infringement lawsuits between Adidas (sorry marketing types, I just can’t do the lower case letter "a" in "adidas") and Riedell over the number of stripes appearing on their sports footwear products. You may recall, while we’re on the subject of stripes, that I previously… Continue Reading
NCAA-holes
Posted in Fair Use, Law SuitsThere has been a recent (over the last two years) rash of lawsuits by former NCAA athletes alleging a right to recover money arising from the exploitation of their likenesses in video games. Recently, the Ninth Circuit heard arguments in the case Keller v. Electronic Arts, Inc. (complaint here). For a summary of the case and arguments,… Continue Reading
That Purple Cereal
Posted in Advertising, Branding, Fair Use, Food, Infringement, Marketing, Product Packaging, SightAs you likely know, many of the Duets Blog bloggers were involved in a full day trademark CLE last week. One of the sessions focused on the issues facing private label brands and the line between identifying your competitor by using similar packaging and infringing on their trademark or trade dress. Along those lines, a friend… Continue Reading
Charlie Sheen: Coming to a Product Endorsement Near You?
Posted in Branding, Goodwill, Guest Bloggers, Marketing—David Mitchel, Chief Marketing Officer, Norton Mitchel Marketing The ongoing saga of Charlie Sheen has been quite odd. He demanded a pay raise and made inflammatory comments about his boss, Two and a Half Men Executive Producer Chuck Lorre, which led to Two and a Half Men shutting down production for the rest of the… Continue Reading
Taylor Swift’s Signature Trademark?
Posted in Non-Traditional Trademarks, TrademarksWhat are the odds that the signature on the cover of Taylor Swift’s self-titled debut album from 2006 depicts her actual and personal signature (she would have been 17 at the time)? Or, could it be that the highly marketed and consistent trademark signature is more about the branding and packaging of the artist and not actually her own… Continue Reading
Duey is Two!
Posted in Guest Bloggers, Mixed Bag of Nuts, SoapBox, Squirrelly Thoughts, TrademarksToday marks the second anniversary for DuetsBlog. So, Duey is two! As shown above, a number of Duey’s family members and friends attended the festivities. Besides, noting the more than 700 posts over the last two years, the more than 900 comments, and the nearly 600,000 visits, Duey celebrated DuetsBlog being named one of the "Top 50… 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...
Catlan McCurdy
Having long been told by my parents that I could do or be anything I wanted, I chose at the age of 10 to become an attorney, as it was the career that would most likely lead me to my goal of becoming the first woman POTUS.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...
Derek Allen
In hindsight, writing about creativity and the law may have always been in the cards for me. I began training for a career in litigation at an early age by finding ways to disagree with pretty much anyone about pretty much anything. In my longest-running “case,” I argued with my middle school math teacher, Mrs. Jabs, for the better part of four years over whether, even if I got the right answer, I had to show my work to get full credit. 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...