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Category Archives: Advertising

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Beretta, (No) Thank You Very Much . . . .

Posted in Advertising, Articles, Infringement, Law Suits, Marketing

Apparently Elvis Presley was a well-known Beretta gun owner during his life, so I suppose his lips might have uttered the words “Beretta, thank you very much.” The King’s estate, however, isn’t thankful about an Elvis-themed advertising campaign designed to promote the sale of Beretta firearms. Ad Law Access reports that Elvis Presley’s Estate filed suit against Beretta for… Continue Reading

Calling Non-Traditional Trademarks By Name

Posted in Advertising, Articles, Branding, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Technology, Trademarks, USPTO

Things that are worth talking about need names. Good, distinctive names are best. As you may recall, last year we wrote this about non-verbal logos needing names: “Marketing types, when brand owners operate in the world of non-verbal logos, isn’t spreading the news by word of mouth more difficult without a word to bring the image… Continue Reading

Hours of Energy, But No Trademark Registration

Posted in Advertising, Branding, Fair Use, Food, Marketing, Trademarks, TTAB, USPTO

The energy drink businesses is big, big business. From Red Bull and Monster to that strange 35 ounce purple can that you saw in a gas station once, consumers love energy drinks. Along with Red Bull and Monster, 5-Hour Energy is one of the most successful and recognizable brands. Innovation Ventures, LLC, the owner of the… Continue Reading

FUSE 2014

Posted in Advertising, Branding, Keyword Ads, Look-For Ads, Marketing, Mixed Bag of Nuts, Social Media, Social Networking, Trademarks

As many of you know from Steve Baird’s post earlier this week – Ola Crapola! – we attended the FUSE 2014 Brand Strategy & Design Conference in the Windy City.   It was fun to hang out with creative design and brand people for the last couple of days. The presentation from the Voice Lead from… Continue Reading

Ola Crapola!

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

Crapola sounds like something worth saying on the way to Chicago, after discovering the size of your PowerPoint file is too large to get through the recipient’s firewall, and then realizing the USB flash drive containing your inspiring presentation to FUSE conference attendees remains on your desk back in Minneapolis. Perhaps an even stronger word might be appropriate, if… Continue Reading

Twilight Trademark Trial Now on Horizon

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Goodwill, Infringement, Law Suits, Marketing, Trademark Bullying, Trademarks, USPTO

Another father-daughter trip to Bath & Body Works (BBW) this past weekend revealed that his and her Twilight Woods personal body care products are still available for sale: Still, because ten days ago, the federal district court in the Southern District of New York rejected BBW’s attempt to have the trademark infringement and dilution claims –… Continue Reading

Trying Something New

Posted in Advertising, Branding, Food, Mixed Bag of Nuts, Product Packaging

- Susan Hopp, Partner, 45 Degrees/Minneapolis I recently stopped at Shuang Hur Oriental Market (my go-to store for Vietnamese coffee) on Nicollet Avenue in Minneapolis, and came away with an interesting branding experience. As I passed the fresh meat counter with pork hooves and other un-named animal parts, I was reminded that I’m not their… Continue Reading

Dick’s Matters

Posted in Advertising

Every now and then I see an advertising campaign that really takes me by surprise and compels me to gush over it publicly.  While I suppose there is no particular recipe for the campaigns that really draw me in, I have noticed a strong emotional component and a conscious effort to sell the company, rather than the… Continue Reading

Packaging that Kills (a Trademark)

Posted in Advertising, Articles, Branding, Food, Genericide, Law Suits, Loss of Rights, Marketing, Product Packaging, Trademarks, TTAB

Killer packaging is a good thing. It can increase sales and establish a stronger emotional bond between the consumer and the product brand. The current packaging of Snack Factory’s Pretzel Crisps pretzel crackers might qualify as killer, but a long-anticipated and important trademark decision issued last Friday relied on an earlier version of the product packaging… Continue Reading

Err Jordan?

Posted in Advertising, Branding, Law Suits

As some of you may know, I commonly write posts on “personal branding” involving sports figures and other celebrities.  (See here, here, here, here, and here).  Well, last week, a Seventh Circuit decision came down involving perhaps the most significant personal brand owner of all–Michael Jordan.  The Court’s summary was as follows: This trademark and right of publicity dispute… Continue Reading

The Branding Outside My Window – Anything But Obnoxious and Obtrusive

Posted in Advertising, Almost Advice, Branding, Mixed Bag of Nuts, Television

I love living in Minneapolis. The quotient for savvy and sophisticated branding is high – an opinion reinforced every time I glance out my office window. Today, I have two examples of fantastic marketing in the public square. One has been around for quite some time, the other is brand new. One explicitly identifies the… Continue Reading

There is only one Lord of the (Olympic) Rings…but then there was Sochi

Posted in Advertising, Branding, Fair Use, International, Marketing, Social Media, Television, Trademarks

There is only one Lord of the Ring, only one who can bend it to his will.  And he does not share power.  – Gandalf, Lord of the Rings As we have posted about more than a few times on DuetsBlog over the years (like here and here), the OLYMPICS trademark and the Olympic Rings… Continue Reading

?DNERT DA WEN A SDRAWKCAB GNIOG SI

Posted in Advertising, Branding

Despite watching a lot of Olympics coverage, no I haven’t picked up Russian or another Eastern European language yet.  Translation:  is going backwards a new ad trend? I have been noticing a surprising trend towards using backwards video play.  Take for instance these examples: TD Ameritrade ad featuring Olympic speed skater  J.R. Celski (Goodby Silverstein… Continue Reading

Sochi’s First Meme

Posted in Advertising, Fair Use, Marketing, Television

It didn’t take long for the Sochi Olympics to produce its first meme.  On Saturday night, my girlfriend and I were able to block out the ongoing drama that is Bob Costas’ eye for long enough to watch American figure skater Ashley Wagner put on a solid performance during the team competition.  (We, like many others, are… Continue Reading

The Gold Medal Of Trademarks

Posted in Advertising, First Amendment, Infringement, Trademarks

- Anjali Shankar, Attorney – It’s the season of great sporting events, with the Super Bowl and Olympics just around the corner, and with that comes a host of new advertising campaigns.  Companies should beware of infringing on Super Bowl and Olympic trademarks, however.  Both of these events have well-known trademarks that have extensive legal… Continue Reading

Crisps = Chips = Crackers?

Posted in Advertising, Articles, Branding, Food, Genericide, Law Suits, Loss of Rights, Marketing, Trademarks, TTAB, USPTO

Seeing these on the store shelf this weekend reminded me that we are still anxiously awaiting the USPTO’s decision from the Trademark Trial and Appeal Board (TTAB) as to whether the words “pretzel crisps” will be found generic for “pretzel crackers” –basically, a public domain category or class of goods term, in the same way that “footlong”… Continue Reading

Selling Ice to Eskimos

Posted in Advertising, Articles, Branding, Goodwill, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts, Television

It’s easy to make a sports car look good. Or a vacation on a white sand beach. But what about things that the average person hates to buy? Watch the commercial below and let’s reconvene in 90 seconds:   Yes, that’s John C. Reily narrating (of Step Brothers, Talladega Nights, and Gangs of New York… Continue Reading

I <3 Ur Emoticon, But Does It Indicate Source :-/

Posted in Advertising, Branding, Dilution, Non-Traditional Trademarks, Social Media, Trademarks

In a world where communications are shared in a space of less than 140 characters, emoticons are often a part of the lexicon for most texters, tweeters, gamers, and smartphone screen tappers.  I have an app, Emoji, that turns my phone’s keyboard into a glorious emoticon playground.  Facebook even lets you add an emoticon to… Continue Reading

Red Bull v. Victoria’s Secret

Posted in Advertising, Articles, Branding, Famous Marks, Marketing, Trademarks, TTAB, USPTO

When getting your wings might give you trouble from the one that gives you wings: Looks like Red Bull — owner of federally-registered rights in Gives You Wings — is considering a trademark opposition to prevent registration of Get Your Wings by Victoria’s Secret. Interesting and unlikely adversaries to say the least. Any predictions on whether… Continue Reading