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Category Archives: Advertising

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Owning a Cup of Trademark Transparency

Posted in Advertising, Articles, Branding, Food, Goodwill, Idea Protection, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks

Seeing this Caribou Coffee skyway billboard was a good reminder to me of how much we hear about the importance of transparency in our relationships, including those with brands we love: It appears that the prevalence of society’s use of the word “transparency” may be at an all time high, where the use of “transparent”… Continue Reading

NEIL LANE: Branding in Paradise

Posted in Advertising, Branding, Fashion, Product Configurations

I’ll admit it: if there’s a frivolous TV franchise I watch, it’s probably The Bachelor in one of its many iterations. Each series fits the same template: caricatures of eligible men and women stoke the flames of tear-stained conflict for a few weeks, before the show tries to narrow its focus to a true romantic connection (or, at least,… Continue Reading

One Hot Buzzword in Marketing: Integration

Posted in Advertising, Marketing, Mixed Bag of Nuts

– Jason Sprenger – President, Game Changer Communications Integrated marketing has caught fire over the last couple of years.  In short, this refers to the concept of an organization working with one outside agency on more than one (or all) of their marketing disciplines (including PR, advertising, graphics/digital, social media, CRM, lead generation, SEO and possibly… Continue Reading

The Olympic Branding Blackout

Posted in Advertising, Branding

Has there been a more constant presence at the Rio Olympics than #brands? I saw it everywhere, from the Polo-branded opening ceremony garb (met with the requisite outrage) to Michael Phelps’ “MP” branded swimwear (of questionable durability). So it came as a huge surprise to learn the Olympics has a very specific rule regarding branding – “Rule… Continue Reading

Stealth Marketing: How Marketers Use Emotions To Sneak Their Messaging Past Your Brain’s Filters

Posted in Advertising, Branding, Guest Bloggers, Marketing

-Mark Prus, Principal, NameFlash Name Development When your brain uncovers new information, it says: “You Shall Not Pass!” Fans of “The Lord of The Rings” will recognize this as Gandalf’s quote (https://youtu.be/V4UfAL9f74I) or perhaps will recall its use in the “Forgetting Sarah Marshall” movie (https://youtu.be/l7Z05Fq2f58). Your brain applies this gatekeeper logic to prevent itself from… Continue Reading

Can Starbucks Tolerate Cannabis Parody?

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Fashion, FDA Approval, First Amendment, Food, Infringement, Law Suits, Marketing, Trademarks

A couple of weeks back, I captured this image from a t-shirt for sale in Starbucks’ backyard — at a shop in the Pike Place Market area of Seattle: One of the things it brought to mind for me is the dozen year long trademark dilution case that Starbucks lost, over and over, a few… Continue Reading

Zero Tolerance #USOC Trademark Overreach

Posted in Advertising, Articles, Branding, First Amendment, International, Law Suits, Marketing, Social Media, Social Networking, Technology, Trademark Bullying, Trademarks

By way of follow-up to Tim’s and David’s recent discussions about Rio2016 and related U.S. Olympic Committee trademark enforcement issues, it appears that a local Minnesota carpet cleaning business called Zerorez, is poised to press the issue of the USOC’s overreaching trademark policies by asking the federal district court in Minnesota to confirm it may… Continue Reading

The World’s Healthiest Trademark Puffery

Posted in Advertising, Articles, Branding, False Advertising, Food, Marketing, Trademarks, USPTO

Above the Law recently published a Techdirt story reporting that the USPTO denied Whole Foods‘ attempt to federally-register the laudatory trademark: “World’s Healthiest Grocery Store“. The Techdirt story incorrectly seems to suggest that the global nature of the phrase is what caused the application to be refused, since Whole Foods has not yet achieved a… Continue Reading

Rio 2016: Out Counterfeiting the Counterfeiters

Posted in Advertising, Branding, Infringement, Mixed Bag of Nuts

The Rio Olympics have decided that the best way to fight counterfeiters is to beat them at their own game; counterfeit themself. That’s not entirely true. Of course, you can’t really counterfeit what you own the rights to, for one. They are still aggressively going after counterfeit products. And despite the Olympic Rings, TM symbol,… Continue Reading

A Few Bainbridge Island Brands

Posted in Advertising, Articles, Branding, Food, Marketing, Trademarks

If you haven’t been, I highly recommend visiting beautiful Bainbridge Island, a short thirty minute ferry ride from Seattle, Washington: It’s not routine to find national retail store brands there, so lots of unique local brands to discover and enjoy, here’s my favorite coffee shop: And, another great one: Here’s my favorite chicken on the Island, named Crockpot,… Continue Reading

Look-For Advertising Sans the Clunky Words

Posted in Advertising, Articles, Branding, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks, USPTO

We’ve written before on the subject of non-traditional trademarks and how look-for advertising can be quite helpful in not only educating consumers that a color or other design feature should stand out in their mind as performing the helpful role of a trademark, but in convincing the USPTO too. Earlier this month the USPTO granted… Continue Reading

What Black Mamba, Make America Great Again, and Netflix Fast all have in common

Posted in Advertising, Branding, Fashion, Marketing, Patents, Trademarks, USPTO

– Jason Voiovich, Chief Customer Officer, Logic PD It’s not a new reality show. Let’s take that off the table straight away. That said, one could be forgiven this year (of all years) for imagining a scenario in which retired basketball great Kobe Bryant teamed up with not-so-retired real estate sort-of great Donald Trump to… Continue Reading

The Do’s and Don’ts of Remembering Notable People as a Brand

Posted in Advertising, Branding, Guest Bloggers, Marketing, Social Media, Social Networking

– Jason Sprenger – President, Game Changer Communications 2016, thus far, has been a busy year for celebrities passing away.  The shock and grief many people feel is palpable.  But it’s not just people reacting to these events anymore; in this new era of social media and creative advertising, it’s never been easier for companies and… Continue Reading

The Hashtag / Trademark Paradox: #Trending, but #Proprietary?

Posted in Advertising, Branding, Famous Marks, First Amendment, Infringement, Marketing, Social Media, Social Networking

As the hustle and bustle of the INTA 2016 Annual Meeting drew to a close yesterday, I reflected on the session “#HASHTAGS #EverythingYouNeedToKnow” from Tuesday. It seems trademark protection may not (yet) fit comfortably into the hashtag world. DuetsBlog previously provided a helpful tutorial on the nuts and bolts of hashtags and how they function, particularly on the sites Twitter and… Continue Reading

America’s Most Watered-Down Beer (Name)?

Posted in Advertising, Articles, Branding, Goodwill, Loss of Rights, Marketing, Social Media, Trademarks, USPTO

Last week the Twittersphere was chirping loudly and negatively in response to reports that Belgian-owned Inbev would be replacing the Budweiser brand name with “America” on beer cans, as shown above. No bow-tie can shape in this campaign, but the logo is to be on the can’s back. Headlines like these, suggesting a permanent change… Continue Reading

Is It a Clean Fight?

Posted in Advertising, Branding, Marketing, Mixed Bag of Nuts, Trademarks, USPTO

It is no wonder that two companies manufacturing detergents would want to use the word “clean” for their products and brand.  The Dial Corporation (“Dial”) owns the federally registered trademark PURECLEAN that it used to market its PUREX detergents.  To protects its mark, Dial sued the Procter & Gamble Company (“P&G”) to enjoin it from… Continue Reading

A Missed Step in Branding Fitness Trackers?

Posted in Advertising, Almost Advice, Articles, Branding, Genericide, Loss of Rights, Marketing, Technology, Trademarks, USPTO

I’ve been wearing one of these little guys on my wrist for almost a year now. Love it. The personal awareness it raises for me in the areas of sleep, diet, and activity, has been profound. Can’t tell you how many times folks have asked, “Is that one of those fit bits?” “Nope,” I sometimes… Continue Reading

Another Pom Case

Posted in Advertising, False Advertising, Food

No, this one isn’t about uniforms. The Supreme Court has refused to hear POM Wonderful’s appeal of FTC findings that claims in POM’s advertising were misleading. POM’s ads claimed that its juice could help prevent heart disease, prostate cancer, and erectile dysfunction. Unsurprisingly, the FTC thought that POM should have some proof of those claims… Continue Reading

Fictitious Versus Fake Branding

Posted in Advertising, Branding, False Advertising, Food, Guest Bloggers, International, Marketing, Taste

– Mark Prus, Principal, NameFlash Creating fictitious names for products is standard practice in many industries. Creating a brand that evokes a certain image or feeling is so commonplace that most of us don’t think twice about it. Consider Genova Tonno. In the Italian language, Genova is the city of Genoa, and Tonno is tuna…. Continue Reading