One of the major reasons for the trepidation with moving to the cloud is security. Data security breaches have garnered a lot of attention in the media and rightly so. Breaches are expensive to remedy and, if the breach involved personal identifiable information, a company needs to restore the confidence its customers may have lost… Continue Reading
Monthly Archives: September 2011
Those Who Hate the “New” Facebook, Say “I”: Why You Need to Stay on Top of the Changes
Posted in MarketingMost of you hate it, if I can venture a guess. Change is hard for most of us, and this is one of the biggest changes yet to the platform that everyone and their brother is on. And to think—there are more changes coming. Even if you hate the new Facebook, what can you do… Continue Reading
Doggone Trade Secret Issues
Posted in UncategorizedIf you have a pup accustomed to gourmet dog treats from the Mall of America you might have an unhappy canine on your hands. Megamall kiosk owner, Chewzy Dogs, has filed suit after its franchisor and maker of its dog treats abruptly ended its agreement to supply Chewzy Dogs with its trade secret recipe treats…. Continue Reading
The “Undercover Boss” Brand
Posted in Guest Bloggers——Debbie Laskey, MBA Many television shows are successful, but few become brands. Some shows that have attained brand status include the annual Super Bowl, Cheers, The Jay Leno Show (remember the Jay Leno-Conan O’Brien dual for NBC’s late night timeslot?), The Today Show, Law & Order, The Daily Show with Jon Stewart, Survivor, The Dog… Continue Reading
The Colonel or The Bell?
Posted in BrandingWhich brand do you believe is better equipped to enjoy the benefits of using a non-verbal logo? In other words, which brand can more easily shed the words from the visual identity, in the hopes of joining the ranks of these likely famous non-verbal logos and brand signals? My answer below the jump.
Riding the Brandverb Wagon Without a Seat Belt
Posted in BrandingI heard a radio spot the other day for Milwaukee, Wisconsin-based department store retailer Kohl’s: "The More You Know, The More You Kohl’s." Apparently not a new example of brandverbing, yet it continues, despite the ridicule of being called "The Absolute DUMBEST Slogan Ever," enduring grammatical criticism from at least one employee, facing a federal… Continue Reading
Kardashian/Jenner Trademarks
Posted in TrademarksAs our Minnesota-born Kris Humphries has now married into the Kardashian Klan, I thought I would check out what trademarks his in-laws have registered. Mother-in-law Kris Jenner (formerly Kardashian) has built an empire for her family. She manages the careers of her daughters through the company Jenner Communications that is very active in branding. Attorney Jennifer K Craft… Continue Reading
Lessons From Basketball Wives
Posted in BrandingAs I was perusing the recent intellectual property newsfeed, I came across a notice the Gilbert Arenas (NBA Player) had recently filed an appeal with the 9th Circuit attempting to prevent the airing of Basketball Wives L.A. Turns out Mr. Arenas is concerned that this series will unfairly capitalize on his fame and celebrity (translation: he… Continue Reading
Trademark Fraud No More?
Posted in Law Suits, Trademarks, TTABJust over two years ago, we reported on the CAFC’s landmark trademark fraud decision of In re Bose, here, here, and here. In addition, I wrote a piece for Thomson Reuters’ Client Times Online called True Lies, Trademark Fraud, and the Medinol Detour: The Federal Circuit Reverses In re Bose." Our friend, John Welch over at the… Continue Reading
It’s a Three-Brainer: The Role of Human Physiology in Successful Communications
Posted in Guest Bloggers—Mike McMillan, Chief Creative Officer, Introworks I’m passionate about differentiation. Why? Because in this automated, hypercompetitive and rapidly evolving world we live in, commoditization is the norm. It has become imperative to differentiate how we communicate what we offer and/or differentiate the offer altogether. This first entry in a series on the subject explores how our own… Continue Reading
What Do The Words You Choose Imply?
Posted in Advertising, Branding, False Advertising, Goodwill, MarketingThe words we choose to use in commercial signage, advertising, and marketing materials mean something. That’s why we use them, to communicate a fact, an opinion, or perhaps some other message. The use of certain words, can carry implied meanings too, some intended, and perhaps some unintended. For example, yesterday Seth Godin wrote this about… Continue Reading
The Fashion Bill Slowly Creeps Towards Becoming a Law
Posted in CopyrightsAbove, my favorite latest designer ripoff – the Kate Middleton wedding dress. A cheaper version of the Alexander McQueen designer’s, Sara Burton, vision, so now every bride can feel like a princess… (photo credit to Mirror.co.uk) With New York Fashion Week nearing its end, and the whirl of Forever 21’s sewing machines beginning to hum, I… Continue Reading
Actions Speak Louder Than Words
Posted in MarketingSocial media is a topic I (would like to think I) know a lot about. As much as I advise my clients (the attorneys here at W&W) to use social media, the key to the whole equation is taking it offline and “backing up” what you’ve said over the interwebs. In a world where the… Continue Reading
Tweet Fight
Posted in Law SuitsMost of us are fairly familiar with the use of Twitter. Like Facebook, this social networking giant has inserted itself into our lives, it is almost difficult to find a business that is not active on Facebook, Twitter, or both. You can even follow us on Twitter at @duetsblog and @susanperera (no apologizes for the… Continue Reading
Vote Jank or Swank for Better Design
Posted in Guest Bloggers—Aaron Keller, Principal at Capsule From our inception, Capsule has been seeking a definition of good design. You may even say we’ve been a bit obsessed. Why? If we can define what good design is, we may be able to more readily identify bad design. It means saying one thing is good and one bad,… Continue Reading
A Legal Obligation to Enforce Trademark Rights?
Posted in Dilution, Fair Use, Famous Marks, Genericide, Infringement, Law Suits, Loss of Rights, TrademarksWhen trademark owners are accused of bullying and shamed in public, a common and knee-jerk defensive response to justify the cease and desist letter or enforcement action is: "We have a legal duty and obligation to police and enforce our trademark rights." And, some might even go on to say: "If we don’t enforce our mark against this use,… Continue Reading
Onesie of a Kind?
Posted in Genericide, Infringement, Law Suits, Loss of Rights, TrademarksI have been a parent for a little less than a year now, and I made a shocking discovery this week: ONESIES is a registered trademark. I found this out from a news article that Gerber Childrenswear is suing California Christiania Republic ("CCR") for infringement of of the ONESIES mark for CCR’s "one*Z" adult, er, onesie… Continue Reading
When You’re A Jet You’re A Jet All The Way … Unless You Eventually Become A Coyote Or Start Out As A Thrasher
Posted in BrandingFor those of you following professional sports generally, and hockey in particular, you now know that Winnipeg has a new NHL team called the Winnipeg Jets. The “new” Jets recently unveiled their updated logo which you can see compared to the old logo above. Now, the “new” Jets are not to be confused with the former NHL… Continue Reading
A Trademark Lesson from Famous Inventors
Posted in TrademarksEvery so often I come across a turn of phrase that just makes me smile. The online news magazine Slate did so with its slide show called “There Once Was a Man Named Leotard,” which is devoted to how certain people – generally well-known inventors – have names that have become nouns. This charming selection is culled… Continue Reading
Why Publicity Matters, Part III
Posted in Guest Bloggers—Neil F. Anderson, Founder/President, The Courage Group, Inc. Being Your Own PR Firm I recommend learning how to get free media publicity yourself. And then going out and trying to get it yourself, vs hiring a full time PR firm. (which is usually not cost effective for new start-ups, on limited budgets) Take a page out of… Continue Reading
Actual Notice and Imputed Knowledge
Posted in Almost Advice, Infringement, TrademarksMy son snapped this photo during a recent family trip to Washington, D.C. It almost has become a hobby for him to capture people in the act of ignoring a sign’s specific request or doing exactly what a sign purports to forbid. While some retreated from the water in the World War II Memorial when they… Continue Reading
Mark Zuckerberg Means What?
Posted in Advertising, Branding, False Advertising, Marketing, Social NetworkingThis billboard ad has been running in the Twin Cities for a while now, promoting a local car dealership who is very proud of its website: Does anyone seriously believe that Mark Zuckerberg – the twenty-seven year old president, chief executive officer, and co-creator of the Facebook social networking site — is jealous of the morries.com website?… Continue Reading
Passing the Brand: Thoughts on Continuing Your Brand’s Legacy
Posted in MarketingAdmittedly, I am not a branding expert. I am, however, a huge advocate of having a culture that’s brand-specific. Something along the lines of a legacy. Can you imagine how hard it would be to pass the company you started to someone else, relative or not? Most can’t, and a lot of companies don’t. But… 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...