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Category Archives: Advertising

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When Can You Show Real Fruit on a Package?

Posted in Advertising, Articles, False Advertising, Food, Marketing, Product Packaging

The short answer is, when it’s not false or misleading about the product inside the package. This past weekend, my daughter and I found ourselves in Costco, picking up some provisions, and this bag of non-provision somehow happened to land in our shopping cart: Almost protesting, based on a prior experience with Hershy’s Brookside dark… Continue Reading

Whose Intent Matters in an Abandonment Claim?

Posted in Advertising, Loss of Rights, TTAB

The Trademark Trial and Appeal Board (TTAB) granted a Petition to Cancel based on an abandonment claim involving a parent-subsidiary relationship. Floorco Enterprises applied for and received a registration for the mark NOBLE HOUSE for “furniture.” Noble House Home Furnishings later applied for the NOBLE HOUSE HOME FURNISHINGS mark for “on-line retail store services featuring… Continue Reading

When Creating a Product Name, ONE WORD Can Make a Difference

Posted in Advertising, Guest Bloggers, Marketing, Social Media

–Debbie Laskey, MBA Recently, a news report was released announcing the launch of Mattel’s newest addition to the Barbie line : “Interim CEO Barbie.” From a marketing perspective, why would a company launch a professional businesswoman doll and add the word “Interim?” Ruth Handler, creator of Barbie, said in an interview with The New York… Continue Reading

Is BETTER BURGER a Done Deal for Chipotle?

Posted in Advertising, Articles, Branding, Food, Idea Protection, Marketing, Squirrelly Thoughts, Trademarks, USPTO

When it comes to a big company’s trademark filings, the publicly available and freely searchable Trademark Office database can provide great fodder for the media. But don’t believe everything you read: an intent-to-use trademark application is far from gospel. Chipotle Mexican Grill, Inc. stoked the flames of speculation with an application for the mark BETTER BURGER earlier… Continue Reading

Namey McNamerson: What Happens When You Crowdsource Names

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

-Laurel Sutton Senior Strategist & Linguist at Catchword Brand Name Development If I was in charge of naming scientific research vessels, they’d all get names like Boaty McBoatface. This, in case you hadn’t heard, is the leading candidate in a crowdsourced effort to name the U.K. Natural Environment Research Council’s new polar research ship.  Fans… Continue Reading

The March Madness Road Trip Returns

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

It’s that wonderful time of year again, March Madness! When families, friends, and coworkers all get together to casually gamble and all throw $10 into a pool. When 12’s beat 5’s and mess up your bracket. When you lose one game and are sent packing. The few weeks when “Cinderella” is uttered most throughout the… Continue Reading

Scandalous and Disparaging Marks: The Race to the Trademark Office Is On

Posted in Advertising, Branding, Idea Protection, Infringement, Loss of Rights, Non-Traditional Trademarks, Squirrelly Thoughts, Television, Trademarks, TTAB, USPTO

Owners of scandalous, immoral, or disparaging marks are on notice: now is the time to place your $275 bet with the USPTO. And soon, the Trademark Office database may be “NSFW.” Last Thursday, the USPTO issued Examination Guide 01-16 to address the impact of recent federal court decisions on Section 2(a) of the Trademark Act. That section prohibits registration of… Continue Reading

Shape Marks: Coca-Cola Fails to Find Secret Ingredient

Posted in Advertising, Branding, Guest Bloggers, Law Suits, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Sight, Trademarks

–Dave Holt, Solicitor & Alex Watt, Partner, Browne Jacobson LLP In the European Union, Coca-Cola has recently followed in the stumbling footsteps of fellow global super-brand Nestlé, falling at the final hurdle in its attempt to register the three-dimensional shape of its iconic ‘Coke bottle’ in classes 6, 21 and 32. You can read the… Continue Reading

On Protecting “My Pillow” as Your Trademark: They Say, When You Make Your Bed, You Might Just End Up Sleeping in It

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

We had some great questions from the audience during the Mastering U.S. Trademark Registration Practice seminar in Minneapolis a few weeks ago. During the session on genericness, someone asked about MyPillow, expressing amazement that it could be federally-registered. Having now seen the MyPillow television advertisement probably a dozen times since then, I’ve finally gotten around… Continue Reading

B2B Companies Are Fun and Interesting Too!

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

– Jason Sprenger – President, Game Changer Communications Throughout my career, I’ve noticed that there’s a prevailing theory among the masses in my industry, and I’m sure it’s probably true of other professional service industries (law included) as well.  People seem to think that working with B2C companies is way more fun and interesting than working for… Continue Reading

Blink Versus Think – Which Branding Approach Is Better?

Posted in Advertising, Branding, Guest Bloggers, Marketing, Trademarks

– Mark Prus, Principal, NameFlash Sometimes a company will choose a “Blink” name for its product or service. Blink names are simple, straightforward and usually descriptive of what the product is or does. For example, you don’t have to think a lot about the name Zyliss gave their food chopper: Easy Chop, which pretty much… Continue Reading

Make “Trademark” Great Again: No More Verbing!

Posted in Advertising, Articles, Branding, Idea Protection, Marketing, SoapBox, Trademarks

In the media, misstatements and misunderstandings of trademark law are legion.  Even the New York Times counts itself among the latest offenders. The Old Grey Lady’s recent article about presidential candidate and real estate mogul Donald Trump closed with the following: Records show just one Goldman employee, a financial adviser in the wealth management division, has donated to Mr. Trump… Continue Reading

Energizer Bunny to Drain Duracell’s Battery?

Posted in Advertising, Agreements, Articles, Branding, Contracts, Dilution, Famous Marks, Goodwill, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Trademarks

When I first heard last week about a trademark infringement lawsuit between Energizer and Duracell over pink bunny icons, my first thought was, Duracell is The Copper Top battery brand, what would motivate Duracell and how could Duracell possibly believe it had the legal right to use a pink bunny character in advertising and on… Continue Reading

A Fine Mess: YouTube’s Reaction to REACT

Posted in Advertising, Articles, Branding, Fair Use, Food, Infringement, Marketing, Social Media, Social Networking, Television, Trademark Bullying, Trademarks

In the world of YouTube, subscriber count is king. With over 14 million subscribers, the Fine Brothers seemed at the forefront of new media. But earlier this month, the Internet’s collective scorn for a trademark portfolio sent the Fine Brothers’ subscription count tumbling. If you haven’t been following Benny and Rafi Fine of the Fine Brothers (during your non-work… Continue Reading

A Meaningful Shift in Super Bowl Ads

Posted in Advertising, Branding

The Super Bowl ads this year were much like the game itself – maybe one remarkable catch, a few fumbles, and heavy on defense.  Some even deserved a penalty flag – like the one for toe fungus and the revolting puppy-monkey-baby (and I’m an avid Diet Mountain Dew drinker).  However, there were some subtle shifts…. Continue Reading

Rethinking Our Professions, and Unlocking New Value for Businesses

Posted in Advertising, Guest Bloggers, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts

– Jason Sprenger – President, Game Changer Communications “Ummm…you’re those people who get their clients in the newspaper?” “Oh yeah, you guys throw some great parties!” “You’re the pros who people call when they’re in trouble and they need to make it all go away.” “Huh?  You do advertising, right?” Believe it or not, these… Continue Reading

Nominative Fair Use, as Illustrated by Colorful Balls

Posted in Advertising, Branding, Fair Use, False Advertising, Infringement, Marketing, Non-Traditional Trademarks, Sight, Television, Trademarks

If you watch any amount of T.V. or happened to catch either of the AFC or NFC Championship games last weekend, you’ve probably seen one of the recent cell phone carrier ball commercials. Initially, Verizon created this commercial, wherein a series of colorful balls rolling down a ramp are used to describe Verizon’s apparently superior… Continue Reading

Negative Look-For Advertising Statements

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

Loyal readers know how important look-for advertising can be in making the difference between establishing trademark ownership in the shape or configuration of a product, and being left with nothing but a goose egg (as opposed to a Big Green Egg). That’s not to say, the clunky words “look-for” are required, yet something equivalent and… Continue Reading