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Category Archives: Advertising

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It’s DangeRuss, So DangeRuss

Posted in Advertising

Russell Wilson (whose twitter handle is @DangeRussWilson) recently courted controversy with some comments made in an August 26 Rolling Stone article: Another venture is slightly less altruistic. Wilson is an investor in Reliant Recovery Water, a $3-per-bottle concoction with nanobubbles and electrolytes that purportedly helps people recover quickly from workouts and, according to Wilson, injury…. Continue Reading

Tastes Like Chicken, Not a Copyright

Posted in Advertising, Branding, Copyrights, False Advertising, Food, Infringement, Marketing, Taste, Trademarks, USPTO

A common refrain: “There must be a way to protect this idea, either by trademark or copyright.” Regrettably, in many instances, the answer is “none of the above.” Take, for example, the humble chicken sandwich. Late last week, a three-judge panel at the Court of Appeals for the First Circuit upheld a granted motion to dismiss with a holding… Continue Reading

Will Marketing Pitfall Lead to Sand Pounding?

Posted in Advertising, Almost Advice, Articles, Branding, Food, Genericide, Infringement, Loss of Rights, Trademarks

Preparing to send off to college my two oldest sons, led us to Ling & Louie’s Asian Bar & Grill’s rooftop patio on Minneapolis’ Nicollet Mall last week, and we found an interesting menu item. Under the Sandwiches category: “Smashed Burger,” is treated generically as a type of sandwich burger, along with “Kobe Beef” and… Continue Reading

The Great Presidential (logo) Debate

Posted in Advertising, Branding, SoapBox, Social Media, Squirrelly Thoughts, Television, Trademarks, Truncation

The day has finally arrived – the beginning of 2016 presidential debate season!  The best reality TV showdown around!  Democrat or Republican, I don’t discriminate, political debates are probably the only fighting “sport” in a ring that I enjoy watching.  Fox finalized its debate card for the first debate of the season and, with the… Continue Reading

Still Smashing Trademark Rights?

Posted in Advertising, Articles, Branding, Food, Loss of Rights, Marketing, Trademarks

Why does Smashburger continue down this road of smashing its trademark rights? Especially, despite our previous cautions: Another Marketing Pitfall: How to Crush a Smashing Brand Name & Trademark Can Anyone Smash a Burger? Crushing a Perfectly Good Brand Name? In the meantime, we’ll keep watching out for marketing pitfalls and unnecessary marketing copy that… Continue Reading

Beme, or BeHBO / BeShowtime / BePayPerView?

Posted in Advertising, Audio, Branding, Copyrights, Fair Use, Marketing, Social Media, Social Networking

It has been a tumultuous year for copyright owners. The old cliche is “if you love something, set it free,” but it seems plenty of third parties are happy to take on that task when it comes to copyrighted content. Now that mainstream smartphones allow anyone to capture high definition video, mobile apps in particular have been fertile ground… Continue Reading

Will Starbucks Be a Closer at the USPTO?

Posted in Advertising, Articles, Branding, Famous Marks, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks, USPTO

We’ll soon see whether coffee truly goes hand in hand with closers, at least in one famous brand owner’s quest for registration of a non-verbal, non-traditional color trademark at the USPTO. I’ve been noticing Starbucks focus on green straws lately, with the door signage shown below, offering a pretty creative use of “look-for advertising” without… Continue Reading

At The Corner of Trademarks and Confusion

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

Even in the age of the Internet, the geographic use of a trademark is an important consideration in determining whether your mark is likely to confuse consumers as to the source of your goods or services. Geographic considerations are particularly important for bars, restaurants, breweries, wineries, and distilleries – especially as they enter new markets…. Continue Reading

Trademark Grammar, Concerns, and Cliches?

Posted in Advertising, Articles, Branding, Marketing, Trademarks

The Minneapolis-St. Paul International Airport is currently running this advertisement from a local law firm highlighting its “Total Partnership” program (BTW, love the website video, linked here):Although the use of the term “trademarked” will make more than a few trademark types cringe, NLJ we know what you mean, so no worries, especially with these gems… Continue Reading

A Smörgåsbord of Standard Characters

Posted in Advertising, Branding, Famous Marks, Marketing, Non-Traditional Trademarks, Trademarks

Strolling around the Mall of America last weekend, I was surprised not only by the rather low weekend crowds (everyone must have retreated to their respective lake cabin) but also the brand-new store for Swedish outdoor brand Fjällräven. What with my highly-attenuated Swedish ancestry, I couldn’t help but stop in. The company’s perhaps best known for its… Continue Reading

Absolut Apologies, Comparisons, Truncations

Posted in Advertising, Articles, Branding, Fair Use, False Advertising, Food, Marketing, Trademarks, Truncation

It has been a while since a billboard campaign has caught my interest and attention, but the currently running Absolut Goes Dark ads are an exception worth noting: Isn’t it interesting — at least in this context — how the simple references to Jack, Johnnie, and Jim, draw an obvious comparison to the distilled spirits… Continue Reading

Will Your Brand Celebrate American Independence?

Posted in Advertising, Branding, Guest Bloggers, Marketing, Mixed Bag of Nuts

By Debbie Laskey, MBA In the United States, July is the month when we celebrate Independence, specifically on the Fourth of July. While many retail stores promote “Independence Day” sales that last more than just one day, we can all recall automobile sales advertised on TV and radio called “Independence Day Sales” but start in… Continue Reading

Counterclaims for Cancellation Are Like Yoga Pants for Your Infringement Defense

Posted in Advertising, Fair Use, Fashion, Infringement, Law Suits, Loss of Rights, Trademarks, USPTO

Here’s one piece of advice you’ll hear from just about any trademark attorney: apply to federally register your marks as soon as financially possible. It is a very important step to take in order to protect your brand. A federal registration provides nationwide rights over any third-party that begins use of a confusingly similar mark… Continue Reading

¿Por Que, JUANITO FÚTBOL?

Posted in Advertising, Branding, Fair Use, Famous Marks, Fashion, Infringement, Social Media, Trademarks, TTAB, USPTO

In the fall of 2012, an upstart freshman quarterback at Texas A&M named Johnny Manziel earned the moniker “Johnny Football” during an incredible season, leading the Aggies to a number of huge wins. Yet after three years, a Heisman Trophy, and a shaky rookie season in the NFL, Manziel has yet to secure a trademark registration for… Continue Reading

Someone’s Going to be Cranky

Posted in Advertising, Guest Bloggers, Marketing

–James Mahoney, Razor’s Edge Communications When you put out any kind of advertising or promotion, someone, somewhere, is going to be cranky about it. That’s just a fact of life for marketing and communications people. Sometimes the crankiness is understandable in hindsight. Other times, it has you giving yourself a dope slap for having missed… Continue Reading

Protect and Serve Your Image

Posted in Advertising, Branding

The few of you that read my posts probably know that I often use this as an opportunity to meander into observations that I find interesting from a branding perspective.  After all, as a litigator, I spend the vast majority of my day composing correspondence and briefs that dive into the finer points of law.  So when I get the… Continue Reading

Facebook vs. DESIGNBOOK: Is Anybody Watching?

Posted in Advertising, Branding, Dilution, Fair Use, Infringement, Social Networking, Technology, Trademark Bullying, Trademarks

One might assume that Facebook, the ubiquitous social media platform that aggregates and analyzes nearly 1 billion users‘ data, would know every nook and cranny of the USPTO trademark database.  Apparently, that’s not quite the case. Various news outlets have reported recently that a Vermont startup named Designbook has received the demand letter nasty-gram from Facebook (no reference to Facebook… Continue Reading

Food Packaging Trademarks: It’s in the Bag?

Posted in Advertising, Articles, Branding, Food, Marketing, Non-Traditional Trademarks, Product Packaging, Trademarks, USPTO

Welcome to another edition of non-traditional trademarks in connection with package designs: The Billy Goat Chip Company contends it owns exclusive rights in a protectable and distinctive trademark for the appearance of the above chip bag, minus any words or images — just the shape and configuration of the bag. (Reminds me of my grade… Continue Reading

Top Ten Questions About Rapala Minnocchio

Posted in Advertising, Articles, Branding, False Advertising, Marketing, Squirrelly Thoughts, Trademarks

In typical DuetsBlog tradition, here is Rapala’s 2015 billboard for the fishing opener, albeit a few weeks late: I’ll have to admit, I like the telescoped Minnocchio word, and the consistent graphic display from past years, but my head is feeling pretty wooden at the moment, so I need your help, because I’m totally stumped… Continue Reading

Subway Drops Footlong TM from Advertising

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks

The last time I was at the airport I snapped this photo showing how Subway finally appears to have dropped its use of the TM symbol in association with the word FOOTLONG: As you will recall, Subway had attempted to federally-register the word FOOTLONG as a trademark for hotdog sandwiches, but Sheetz’ trademark challenge on… Continue Reading