Well, perhaps more than just about every trademark use guideline in existence, including those offered by the International Trademark Association (INTA) ("NEVER use a trademark as a verb"): (television commercial link on Youtube here) Maybe because you have been following the trademark verbing dialogue here on DuetsBlog and you have learned all about Managing The Legal Risk of… Continue Reading
Monthly Archives: October 2011
Cloud Computing Residue
Posted in Almost AdviceOne of the often touted benefits of cloud computing is the ability to scale. Scale up when demand increases and scale down when demand recedes. Scalability is about doing what you do in a bigger way. It is all about allowing more people to use your application. Generally, when people refer to scalability in the cloud context they… Continue Reading
Email Marketing: It’s Not Going to Be Opened Just Because You Sent It
Posted in MarketingA colleague told me of an issue they had, internally, with sending out emails using their new email marketing tool. Prior to using this robust tool, they had a system which didn’t give accurate statistics, so those stats were never communicated to the ones who composed the email. When they got the new system, and those… Continue Reading
Breaking Away From Industry Color Clusters (World Trademark Review)
Posted in TrademarksInspired by my earlier blog post commenting on the use of color in particular industries, I am pleased to share a more in-depth piece published in the World Trademark Review magazine. The complete article appeared in World Trademark Review issue 33, a pdf of the article can be found here.
The Smell of Fear
Posted in Branding, Guest Bloggers, Marketing, Non-Traditional Trademarks, Smell, Touch—Aaron Keller, Principal at Capsule During this time of year there are plenty of fright “experiences” where you can drag a loved one into a heart thumping confrontation of fear. These experiences are elaborately designed and those who attend know the rules, like “this one doesn’t allow the characters to touch you.” Apparently others do… Continue Reading
Chevy Still Runs Deep For Now
Posted in AdvertisingWhile I was watching my tragic Vikings lose yet another game this season, my wife and I started talking about the general quality of advertisements that have been filling the channels lately. Although there were some disagreements (as usual) we both could agree on one thing. The following Chevy commercial is pretty much one of the greatest… Continue Reading
Adult Domain Space Opt-Out Ends in a Week
Posted in Domain Names, Marketing, TrademarksTime is running out to take defensive action for opting registered trademarks out of the forthcoming ".xxx" domain space. Depending upon the registrar that you use to do this, an opt-out application is due by October 28, 2011, will cost around $300, and will prohibit third parties from registering opted-out trademarks as second level domains… Continue Reading
Dilbert Advocates Trademark Shape Depletion Theory
Posted in Non-Traditional Trademarks, Product Configurations, TrademarksRemember the days when the color depletion theory justified courts and the U.S. Trademark Office in denying any federal trademark protection for single colors, per se? This was the status of the trademark law for many decades, at least until the Court of the Appeals for the Federal Circuit disagreed in 1985 (In re Owens Corning Fiberglas… Continue Reading
Social Media Giant Sued for Trademark Infringement (Again)
Posted in Infringement, TrademarksSeveral months ago, I remarked that the social networking industry is a fertile ground for trademark battles. See “Two Degrees Of Separation From Justin Timberlake.” In my prior post, I discussed the fact that Facebook, Inc. (“Facebook”) had sued Teachbook.com LLC alleging various claims including federal trademark infringement, dilution, false designation of origin and others. Last month, the… Continue Reading
This ‘n’ That
Posted in Guest Bloggers—Karl Schweikart & Susan Hopp, both of 45 Degrees/Minneapolis We all know that branding is about managing expectations – what a person’s expectations are for a brand experience, and whether they are met or not. Pretty simple. When you see the name Git ‘N Split on a sign outside a gas and convenience store in… Continue Reading
Willa-n-Wella, Living-n-Harmony Now
Posted in Branding, Famous Marks, Infringement, Law Suits, Trademarks, TTABThe New York Times has been following a trademark battle between Christy Prunier’s body and beauty care start-up business apparently geared toward preteen and teenage girls (Willagirl LLC) and industry giant Procter & Gamble, owner of the well-known, if not famous, more than century old WELLA hair care brand, with U.S. trademark rights dating back at least to the early… Continue Reading
Bank Branding Revisited
Posted in Branding, Dilution, TrademarksA couple of years ago, I posted about the use of FIRST in bank names, and titled my post "First First! A Diluted Banking Brand?" Well, life imitates art: Now, in this company’s defense, its name is just First National Bank, and the above signage really just combines two marks. An image of a yoked ox separates… Continue Reading
Don’t Make Me Block You! Pitching Your Business or Self to a “Stranger”
Posted in MarketingIf you are a business or individual that uses the equivalent of a cold-call to sell a product or service, then this post is for you. I’ve noticed the not-so-recent trend of the lack of customization (or, hell, relevance) of PR pitches and resume submissions. (My network has been voicing their frustration.) Even on Duets,… Continue Reading
Seeing Green
Posted in TrademarksStore shelves continue to turn green as an increasing number of products tout their sustainable nature through the use of green product packaging. The most recent issue of the ABA magazine, Landslide, is all about “green” with multiple articles discussing the impact of this phenomenon in the IP field. One of the articles, “It’s Not… Continue Reading
Poetry in Slogans
Posted in Branding—Nick Olson, Student at University of Pennsylvania Law School and Wharton School When my classmates find out I studied poetry in college, their typical reaction is, “Oh, so THAT’S how you wound up in law school!” And, in fact, studying poetry really did lead me to studying law and business – not because the market… Continue Reading
Messin’ With Google
Posted in Advertising, Genericide, Law Suits, Marketing, Search Engines, Television, TrademarksWhat does Google have in common with Sasquatch? Well, perhaps one possible point of similarity is that if you mess with either, you might get yourself seriously messed up in the process. With respect to the defensive power of Sasquatch, a local Wisconsin business success story, Jack Link’s Beef Jerky, has gotten much notoriety with its series of hilarious 30-second television… Continue Reading
October is National Breast Cancer Awareness Month, but Who Owns the Pink Ribbon?
Posted in TrademarksAfter this past Sunday’s football game, a friend asked me if the NFL owned the shade of pink that everyone on the screen seemed to have so prominently displayed. Well, full disclosure, I didn’t watch on Sunday, and I rarely do watch football – unless a party has been planned around the game, then I’m… Continue Reading
Coming Soon to a Store Near You…Tavern on the Green Ketchup?
Posted in TrademarksThere’s been a lot of ink spilled on Duets Blog about the long saga of the Tavern on the Green, here, here and here. The last we heard, back in March of 2010, was that a judge had ordered the cancellation of the trademark registration for TAVERN ON THE GREEN mark in connection with restaurant… Continue Reading
Co-opting Political Symbols for Commercial Use
Posted in TrademarksThe Lanham Act prevents applicants from registering any of a number of words and devices as marks, including immoral or scandalous matter and flags or coats of arms. In terms of the latter exclusion, such a prohibition makes sense; without it, for example, any merchant could use an American flag to hawk goods and services… Continue Reading
Sonic Bimbo
Posted in Branding, Guest Bloggers—Mark Prus, Principal, NameFlashSM Name Development Sonic Bimbo…the name of a new exotic dancer? A new punk rock band? A roller derby team from Seattle? While those are great uses for that name (and don’t bother to check, I’ve already registered the .com domain name!), I’m not talking about that…I’m talking about the outstanding use… Continue Reading
Unintended Irony in a Business Name?
Posted in Advertising, Branding, Marketing, TrademarksCommon sense probably dictates that if you take the time and effort to create, build, and position signage to help sell what it is you’re selling, the sign should be visible, right? Especially in these tough times, when you’re selling real estate, and this is the view from the road: Then again, maybe not, especially if you’ve adopted a business… Continue Reading
Subscribe
Add this blog to your feeds or enter your email in the box below and hit GO to subscribe by email.
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...