October 2012

–Susan Perera, Attorney

One aspect of trademark law that we haven’t discussed here at DuetsBlog is FDA approval of trademarks for pharmaceuticals.  While there are certainly many benefits to federal trademark protection (and we would recommend seeking federal registration as the best way to solidify the broadest rights in your mark) trademark owners can choose

Vice President Joe Biden recently revived popular use of the word “malarkey” or “malarky” — a word that essentially means “nonsense.”

Our DuetsBlog friend Nancy Friedman, author of the award-winning Fritinancy Blog, covered “Malarkey” as the “Word of the Week” earlier this month.

So, imagine my surprise to pass by a restaurant called Malarkys in

Anyone that has taken an interest in the expanding field of “personal branding” must have taken notice of the now epic fall of Lance Armstrong.  For the uninitiated, Armstrong was a seven time Tour de France winner.  He had been plagued by doping allegations for many years as the public and sports world were generally

Celebrity blogs and music magazines were abuzz with the news that Jay-Z and Beyonce “lost their bid” to trademark their daughter’s name BLUE IVY.  “Jay-Z and Beyonce Can’t Trademark BLUE IVY.”  “Jay-Z and Beyonce Lose Right to Trademark BLUE IVY.”   Hold your horses, single ladies, you might want to check on it.  They got about

John Reinan, Senior Director at Fast Horse, a Minneapolis marketing agency

Tim Tebow was a great college quarterback. But now that he’s in the NFL, he’s joined the ranks of celebrities who are famous mainly for being famous.  Example A: “Tebowing,” his signature move.  After making a play, the devout Christian often drops

Caution must be exercised in advertising and marketing materials when the brand owner desires ownership of non-traditional trademarks such as product configurations (here and here), trade dress, and single color marks too.

In our ongoing effort to raise the awareness of marketing types to pitfalls that can kill non-traditional trademark rights, a

–Dan Kelly, Attorney

The U.S. Navy seems to have cleared all necessary hurdles to register the camouflage pattern to the right as a trademark for use in connection with uniforms and fabrics.  Among the many hurdles that the Navy cleared, one is a refusal on the basis of “ornamentation,” or failure of the proposed design

Retailers, vending machines, food trucks, parking garages, and taxi’s have one thing in common, they all accept credit cards. Credit cards are a great convenience for consumers, but can be a headache for small businesses. Type in “credit card processing” and you will get a number of results for companies that offer to process your