Last fall former basketball star Bill Russell, of Celtic and Wilt-Chamberlain-destroying fame, joined forces with former college basketball star and current trivia answer Ed O’Bannon to sue the NCAA. These former college basketball stars, along with most students who played a college sport, signed an agreement with the NCAA which allows the NCAA to use… Continue Reading
Monthly Archives: January 2012
The End of the (Creative) World as We Knew It
Posted in Guest Bloggers, Marketing—James Mahoney, Razor’s Edge Communications Market dislocation has hit the creative world. It started about a decade or so ago with the decimation of the commercial photography business. It spread to the graphic design business a few years ago. Now it’s hitting the writers, too. The recession didn’t help, and we’ll see how in a… Continue Reading
Europe Ups the Ante on Data Privacy
Posted in TechnologyLast Wednesday, the European Commission unveiled the changes to its data privacy laws. If the changes are adopted, companies will deal with a single, national data-protection authority in the EU country in which they have their main base. Individuals can tender complaints to the data-protection authority in their own country even when their data is… Continue Reading
Decide on the “Why,” Not the “What”
Posted in Articles, Branding, Food, Guest Bloggers, Marketing—Mark Prus, Principal, NameFlashSM Name Development If you have kids, you know that they all pass through the “Why Phase,” where they keep asking “Why?” until you ultimately resort to the conversation-ending phrase “Ask your Mother (or Father).” You probably are also familiar with the “5 Whys” technique of asking “Why” at least 5 times… Continue Reading
Redefining a Trademark Bully?
Posted in Almost Advice, Articles, False Advertising, Mixed Bag of Nuts, SoapBox, TrademarksWe’ve spilled a lot of digital ink discussing the trademark bullying topic, going all the way back to my original blog post from 2010: ”The Mark of a Real Trademark Bully.” Within the last several days, there has been quite a bit of online media coverage about Trademarkia’s new features that tout an ability to “Find… Continue Reading
Brands on Decline in 2012
Posted in Branding, FoodPredictions are in and multiple brands are expected to decline or disappear completely in 2012. CoreBrand CEO, James Gregory (as reported by Jim Edwards), and 24/7 Wall Street have both released lists of brands they believe are on the chopping block for the coming year. The predictions attribute some of these brand failures to the… Continue Reading
Super Bowl Logos: A Marketing Review
Posted in Guest Bloggers—David Mitchel, Norton Mitchel Marketing The matchup for Super Bowl XLVI has now been set. In less than two weeks, about 100 Million people will be watching the New England Patriots play the New York Giants in a rematch from Super Bowl XLII four years ago. Around Super Bowl time in 2010 and 2011, I… Continue Reading
Coming Soon to Your Facebook Page: Ambiguous Advertising
Posted in Guest Bloggers—Alex Weaver, Associate at Fast Horse For those of you who thought the mother of all changes to Facebook would be Timeline, think again. Not many expected the social media giant to sleep for long, but Mark Zuckerberg and the invisible decision-makers at Facebook are at it again with another change in how you interact… Continue Reading
And We’re Back! (A Note on Why Updating Your Technology is Important)
Posted in MarketingThat didn’t take long (thank you, LexBlog). You’ll notice some minor changes, but we hope things are working faster for you (and us!). Now, on to more Duets content! I’m filling in for Dan while he’s “on vacation” (that’s sort of a lawyer joke, sorry fellow authors). The migration of Duets reminded me of a… Continue Reading
Changes Ahead: Stay Tuned
Posted in MarketingIf you’re an avid reader of Duets, you’d know that our bloggers post five days a week, sometimes more, and have, since we started in March of 2009 (almost three years!). For the first time, we’ll be going silent – not in protest (though we could have timed it better!), but because we’re making some… Continue Reading
YSL Has a Friend in Its Battle with Christian Louboutin
Posted in Law SuitsWe have previously blogged about the battle over Christian Louboutin’s (“Louboutin’s”) trademark registration for lacquered red soled shoes that is taking place in New York and is now before the Second Circuit. Friends of the Court (the Latin meaning of the phrase amici curiae) that have weighed in on Louboutin’s side include both Tiffany & Co…. Continue Reading
Five Key Points IP Litigators Should Know About Insurance Recovery
Posted in Guest Bloggers—David A. Gauntlett, Gauntlett & Associates Intellectual property cases are expensive to litigate. When a brand owner finds itself charged with infringement of intellectual property rights, it is always worth a close examination of any applicable insurance policies to determine whether the carrier has a duty to defend the claims. Here are five key points that intellectual property litigators… Continue Reading
Red Bull Packaging Trade Dress Approved by USPTO
Posted in ArticlesTo assist in curbing the knock-off problem depicted above, Austrian-based Red Bull is on the move with its recent attempt to register — as a non-traditional trademark in the U.S. — the following design in connection with energy drinks, soft drinks, and sports drinks: Here is the description of the mark approved by the USPTO… Continue Reading
Georgia-Pacific 2, Towel-Stuffing Defendants 2
Posted in BrandingBack in September of 2010, I discussed a couple of then-recent cases about Georgia-Pacific’s trademark lawsuits over the “stuffing” of non-Georgia-Pacific paper towels into GP’s proprietary dispensers. By way of brief review, the Eighth Circuit affirmed a lower court decision out of the Western District of Arkansas holding that the practice of “stuffing” does not constitute trademark… Continue Reading
.Anything?
Posted in Domain NamesToday ICANN, the Internet Corporation for Assigned Names and Numbers, better known as the company that basically runs the Internet, begins accepting applications for generic top level domains. Most users know top level domains such as .com, .org, .edu…and even .xxx. Now, under this new program, organizations can apply to use virtually any term, including… Continue Reading
Surname Perceptions
Posted in BrandingI find it very interesting how personal perception of a brand name can influence us and I sometimes wonder how much thought is given to brand names when they are chosen. Sure, large companies can, and often do, hire naming specialists who study and create names that will appeal to the masses, but what about small… Continue Reading
A Match Made in Branding Heaven
Posted in Advertising, Branding, Guest Bloggers, Marketing—Brent Carlson-Lee, Founder & Owner of Eli’s Donut Burgers Orville Redenbacher’s popcorn and movie night. Oscar Mayer hot dogs and the 4th of July. Miller Lite and the Super Bowl. Musselman’s apple sauce and bowling? Call me ignorant, but until I saw this circular ad (commonly referred to as a free-standing insert, or FSI, in… Continue Reading
Grab Some Buds and Pop a Red Top (or Tab)?
Posted in Branding, Marketing, Non-Traditional Trademarks, Product Packaging, TrademarksGiven how much we know you enjoy the subject of non-traditional trademark protection, here is a recent one from Anheuser-Busch: The description of the mark reads: “The mark consists of a design feature of product packaging, namely, a red colored tab on a can, which features a crown design that is transparent. The dotted lines… Continue Reading
Clap Your Hands if You Believe in Fairies (Food)
Posted in TrademarksI celebrated Christmas in Wisconsin for the first time this year, and in addition to trying new beers and gallivanting around Milwaukee, I was introduced to a delicacy I had yet to encounter in life: fairy food. Fairy food, for those non-believers, is a chocolate candy, with a sponge-like center made from corn syrup and… Continue Reading
Elements of “Top 100″ Packaging Designs
Posted in MarketingThe Dieline posted their top 100 packaging designs of 2011 this week. Go on, check it out. It’s a great list, full of iconic and not-so-well-known brands. And, it’s a good lesson in marketing. If your business is one that sells a product, encased in some kind of packaging, I strongly suggest taking notes on… Continue Reading
College vs. Pro: Battle for Logo Use?
Posted in Branding, Guest Bloggers, TrademarksAs a long-time Green Bay Packer fan (and, more recently, owner), I’ve always had an innate dislike of our old NFC Central and other-team-named-after-a-body-of-water rival, the Tampa Bay Buccaneers. When I learned this fall that those very same Buccaneers slapped my alma mater, Beloit College, with a cease-and-desist letter in the late-1990s, Tampa Bay attained a… Continue Reading
Enterprise Social Media the Next Frontier
Posted in Almost AdviceIs your company thinking of adopting a social media platform to replace its current website? If it is, then your company is part of the majority of companies that have either implemented a social media platform, is planning to implement a social media platform, or will implement a social media platform but has no current… Continue Reading
Memories: Some of Your Apparent Favorites from 2011
Posted in Mixed Bag of NutsHere are some of your apparently favorite memories from 2011, note not all were published in 2011, there are some oldies but goodies mixed in too: Which Non-Verbal Logo Doesn’t Belong? You Mess with Red Bull, You Get the Horns! Taylor Swift’s Signature Trademark? "Hot Wheels" Casino Promotion: Apparently Not a Toy Story Samuel Adams… 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...