The ben of today’s post is not one of the many celebrities having the name, a truncated version of any number of other product and service brands, such as Bengay, Ben & Jerry’s, Ben Franklin, Benihana, or even dear old Uncle Ben. Today we’re talking paint, and this paint brand has at least two things going on here:… Continue Reading
Monthly Archives: August 2011
Can You Put Toothpaste Back in a Tube?
Posted in Guest Bloggers—Aaron Keller, Principal at Capsule We produce intellectual property. We use our brains, our hands and our hearts to design engaging experiences for our clients. Whether its a package design, a logo or a name, we pour passion into creating intellectual property. So, here’s an interesting story and we’d like to get a perspective on… Continue Reading
The Microsoft Cloud is Entering China
Posted in Almost AdviceThe United States may still be leading in cloud computing sales, but China’s appetite for cloud computing services may be growing faster than the United States. Gartner found that 55 percent of Chinese respondents are willing to spend 10 percent of their total IT budget on cloud computing compared to 42 percent in Europe and 49… Continue Reading
What is G?
Posted in BrandingWelcome to another edition of AlphaWatch. In addition to the prominent use of capital letter G on the front of these energy drink cans, the last line on them reads: "IT’S GAZZU!! HEY, GIMME A G." I thought that Gatorade’s "What is G?" question already had been answered here?
Louboutin in Danger of Losing the Red-Soled Trademark
Posted in TrademarksIn April of this year, shoe designer, Christian Louboutin, turned heads in the fashion and trademark crowds when the brand sued Yves Saint Laurent (YSL) for infringing Louboutin’s signature look: red-soled shoes. Duets covered it here. Both interested lawyers and fashion aficionados have been awaiting some form of decision, and our wishes were granted a… Continue Reading
“Buried Treasure” – Securing Reimbursement for Monies Expended in Past Intellectual Property Lawsuits
Posted in Advertising, Agreements, Contracts, Copyrights, False Advertising, Guest Bloggers, Infringement, Law Suits, Trademarks—David A. Gauntlett, Gauntlett & Associates Companies looking for extra money in these tough economic times may have an answer from the past. The vast majority of insurer denial letters for intellectual property lawsuits lack merit. Therefore, companies who have litigated intellectual property cases and expended significant monies in defense and settlement may be overlooking ready… Continue Reading
When Silence is False
Posted in Law SuitsMost false advertising claims originate from an advertising statement. (For example, see Dan’s post last week on Sam Adam’s bottle cap advertising). However, a recent suit alleges false advertising based on what wasn’t said. Yesterday, Terry Baynes at Thompson Reuters reported on an attorney who has filed suit against Chipotle for its lack of… Continue Reading
This is How You Verb Your Brand
Posted in BrandingRecovering from a nasty bout of walking pneumonia over the last couple of days, I probably spent more time (at least, mindless time) in front of the television than the last several months combined. One thing that caught my eye during a brief and surprisingly mindful moment while I suffered was another brand to recently jump on the brandverb… Continue Reading
Stoners Are Not To Be Trusted
Posted in CounterfeitsIt’s not every day that a fine news publication like The Onion dips its toes into trademark pool. Given this, I was pleasantly surprised to see this parody about troubling competition to Yellowstone National Park. Granted, this article came out a couple months ago, but I still think its poignant. Although plainly presented for comedic purposes,… Continue Reading
It’s a Small World: Using Your (Social) Networks to Grow Relationships That May Lead to Business
Posted in MarketingAwareness isn’t just about making a name for yourself. It’s about utilizing your network and being aware of others’ strengths in a way that mutually benefits both parties. As humans, we can’t know everything. (That may be shocking!) That’s why we have friends—referrals—to ask for real-world advice. With a straight face, I can tell you… Continue Reading
Enforcement of U.S. Copyrights in the U.K.
Posted in Copyrights, Guest Bloggers, Infringement, International, Law Suits, Non-Traditional Trademarks, Product Configurations, TrademarksSimon Bennett, Partner and Head of Intellectual Property, Fox Williams LLP, Solicitors George Lucas defeat over Stormtrooper helmet design replicas creates ability to enforce U.S. copyrights in the UK. The Supreme Court of the United Kingdom has ruled against George Lucas’ company Lucasfilm in the latest episode in a copyright and designs battle against a… Continue Reading
First Response Strategy & The Golden Hour: A Metaphor for a Successful Response
Posted in Guest Bloggers—James E. Lukaszewski ABC,APR, Fellow PRSA, President of the Lukaszewski Group Division of Risdall McKinney Public Relations Most responses in crisis situations fail in the first hour or two. That’s because the most challenging aspect of readiness for urgent situations is the strategy for first response; literally, what you do first, second, third, etc. Problems… Continue Reading
Exposing the Two-Face Brands (World Trademark Review)
Posted in Branding, Marketing, Trademarks, TruncationLet’s just say, I’m honored for the privilege of having my writing and article about trademark truncation and two-faced brands published and featured in the prestigious and influential World Trademark Review magazine: "While there are many successful examples of brand truncation, for both marketing professionals and trademark counsel the decision to create alternative faces for existing marks is one… Continue Reading
“. . . and what else floats in water?”
Posted in False Advertising, MarketingThe Boston Beer Company advertises quite a bit on a radio station that I listen to. The ads are usually voiced by the company’s founder, Jim Koch (pronounced "Cook"), and in many of the ads, he says that Samuel Adams beer has "a head so thick you can float a bottle cap on it." (You… Continue Reading
Why Publicity Matters, Part II (Best Publicity Strategy)
Posted in Guest Bloggers, Television—Neil F. Anderson, Founder/President, The Courage Group, Inc. Having already discussed Why Publicity Matters last week, the most effective publicity strategy is to position yourself as an expert in your field. Notice how the media, especially television, seems to have the same experts come on shows to comment on stories etc. This did not happen by accident… Continue Reading
Protecting Your Throwback Trademarks
Posted in AdvertisingThe revival of retro logos and packaging seems to be everywhere this year. You can hardly go into a store without seeing another product that is revisiting an old look. I snapped this shot during a shopping trip over the weekend and I’m not the only one who’s noticing, you can see images of Pepsi’s throwback… Continue Reading
How Do You Know?
Posted in Guest Bloggers—Mark Prus, Marketing Consultant at NameFlashSM I received a lot of terrific feedback on my recent Duets Blog post “When Should You Change Your Name?” Consider this Volume 2 in the series. After you have decided to change your name, “How Do You Know When You Have Identified a Great Name?” This could also… Continue Reading
Tailored Trademark Enforcement
Posted in TrademarksLast year I snapped this photo at the Minnesota State Fair, some vendor was selling something like a Spandex brand clothing item, as I recall. Thankfully no models were displaying the fabric. At the time, it made me think of how some view trademark enforcement programs as one size fits all, or perhaps, one size… Continue Reading
Cupcakes Are So 2010…or Are They?
Posted in Law Suits, TrademarksOkay, I’ll admit it—I’m not a huge fan of cupcakes. Cake is one of those desserts that is often served (and consumed) for obligatory purposes; it is served at weddings and birthdays and other occasions to signify a celebration. The problem, in my humble opinion, is that you’re supposed to eat it. And let’s face it, the world… Continue Reading
The “Physics” of Marketing: Every Action Has a Reaction
Posted in MarketingEven if you know nothing of physics (I do not), most of us know Sir Isaac Newton’s third law of motion: for every action, there is an equal and opposite reaction. The same concept applies to marketing—some agree, and others have differing opinions. There are at least two ways to look at anything so it’s… Continue Reading
Quilted Toilet Paper Design Flushed As Functional
Posted in Law Suits, Loss of Rights, Non-Traditional Trademarks, TrademarksAs the court ruled, and repeatedly reminded: "Toilet paper. This case is about toilet paper." Just last week the United States Court of Appeals for the Seventh Circuit enjoyed applying only a modicum of potty humor while deciding Georgia Pacific Consumer Products LP v. Kimberly-Clark Corporation, a case involving alleged non-traditional trademark rights in Georgia-Pacific’s Quilted Diamond… Continue Reading
Why Publicity Matters, Part I
Posted in Guest Bloggers—Neil F. Anderson, Founder/President, The Courage Group, Inc. Want to increase the awareness of your company’s products or services? Want to boost your own credibility in the eyes of your potential clients or customers? And equally as important, want to increase sales and your chances of business survival? But have no money for traditional advertising? The answer,… Continue Reading
Touchmarks, Trademarks & Tixels
Posted in Branding, Marketing, Non-Traditional Trademarks, Touch, TrademarksAugmented Legality writes: "Soon, technologies that augment our sense of touch may lead to a rush of trademark applications seeking to protect a wide variety of artificial textures." Brian Wassom goes on to identify an interesting new technology being promoted by Senseg, a Helsinki-based company that apparently knows a lot about tixels (tactile pixels): "Senseg E-Sense makes use… 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...