There is a new billboard advertisement on the scene in Minneapolis, Minnesota, complete with multiple meanings and at least one obvious third party brand reference. Multiple meanings because I suspect there may be a generational divide on the obvious Starsky and Hutch brand reference (trademark data of owner Columbia Pictures can be found here, here, and… Continue Reading
Category Archives: Advertising
Subscribe to Advertising RSS FeedRapala: Happy Fishing on Mother’s Day
Posted in Advertising, Branding, MarketingWell, it’s that time of year again. Happy Mother’s Day to all the moms out there — even those who don’t fish. Our very own Susan Perera is a brand new mom, so a very special celebration for you Susan! We have been following Rapala billboard ads for the last several years, right around the time… Continue Reading
Specific Non-Commitment
Posted in Advertising, False Advertising, MarketingI have generally enjoyed Geico’s commercials over the years, having gone so far at one point as to actually become an auto-insurance customer (but not currently). Geico’s commercials can be viewed on its website here, and the vast majority of them end with the same tagline–one that I have heard frequently enough that it is… Continue Reading
I See (Unintended) Branding Irony (Again)
Posted in Advertising, Branding, International, Marketing, TrademarksDan sees blue ovals, I see and enjoy branding irony — especially irony that appears unintended. Take the example to the right, an ad for EagleBank, a community bank operating in the Washington, D.C. area. While mingling with more than 9,000 other trademark lawyers from around the world who have descended upon the Washington, D.C…. Continue Reading
Magic Bracelets, Marvel Avengers Edition
Posted in Advertising, Branding, False Advertising, Guest Bloggers, Marketing—Laurel Sutton, Principal at Catchword Brand Name Development Being a Make Mine Marvel type, I am of course very excited to see the Avengers movie, which will feature all of the Marvel heroes together! In one place! With Nick Fury (Samuel L. Jackson) there to help them save the world. I was disturbed, however, to… Continue Reading
Chick-fil-A’s “Eat More” Stealth USPTO Trademark Enforcement Strategy Succeeds
Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Food, Infringement, Marketing, Trademarks, TTAB, USPTOEating more isn’t necessarily a bad thing. Yeah, I saw the documentary Super Size Me; admittedly, I haven’t viewed certain fast food the same way since, but it all depends on what it is you’re eating, right? Common sense dictates that if it’s good for us, we should eat more of it. Indeed, Lexi Petronis of Glamour writes… Continue Reading
Social Media: Lowering the Barriers to Entry?
Posted in Advertising, Marketing, Social NetworkingOver the past couple of weeks, I have been watching with interest the development of a company called Dollar Shave Club. If you’ve never heard of Dollar Shave Club, this video is a good introduction (not safe for kids): This 90 second video has more than four million views on YouTube in just over a month,… Continue Reading
Leadership as a Branding Cliché
Posted in Advertising, Articles, Branding, International, MarketingBrad VanAuken of The Blake Project and Branding Strategy Insider Blog wrote an interesting post about Branding Clichés And Hollow Claims: “It seems that every good idea, every admirable quality, at some point gets overused and eventually becomes a cliché. Some qualities become so popular that every organization aspires to possess them or at least… Continue Reading
Lunesta and Stoogesta?
Posted in Advertising, Branding, Fair Use, First Amendment, Marketing, TrademarksIt appears that Lunesta (eszopiclone) — apparently, the top prescribed branded sleep aid – has a new fan, but as you’ll see, and hopefully for the Farrelly brothers, the newcomer won’t be anything close to a competitive medicinal product: Stoogesta (nimbiscus dumbphondenol). Stoogesta video on YouTube can be viewed here. We’ll have to wait until April… Continue Reading
Tiger Traded for Candy?
Posted in Advertising, Branding, Food, Goodwill, Guest Bloggers, MarketingRecently capturing this Accenture billboard in the Minneapolis airport, I couldn’t help but be struck by how far the Accenture brand has moved from its previously prized spokesperson and celebrity Tiger Woods, apparently just in time for Tiger’s recent rebound on the golf course — I’ll refrain from calling it a comeback. I’m not sure where his… Continue Reading
It’s a Small World – Finding American Brands Abroad
Posted in AdvertisingI recently returned from a trip to Thailand. In addition to enjoying the opportunity to experience the country’s natural beauty, to learn more about its history, and to enjoy lots of wonderful Thai food, I was charmed by the people. I was also reminded how pervasive American culture seems to be around the world. It… Continue Reading
MOM’s New Look
Posted in Advertising, Branding, Food, MarketingJust announced yesterday, Minneapolis based Malt-O-Meal has changed its name to MOM Brands. Malt-O-Meal which has been making cereal for almost a century, manufactures private label brands for a multitude of grocery retailers (as well as their own lines of hot and cold cereal and oatmeal) and today stands as one of the nation’s leading… Continue Reading
I’m Dye-ing to Know
Posted in Advertising, Non-Traditional Trademarks, SightFor those of you who frequent DuetsBlog, you’ll know that color trademarks are a common topic of discussion. Steve Baird posted an excellent and thought provoking post just recently discussing Louboutin’s efforts to litigate the boundaries of its rights in the color red. It is generally accepted that color trademarks can receive protection upon obtaining ”secondary meaning” (i.e…. Continue Reading
Changing Your Brand Color: No More Golden Arches?
Posted in Advertising, Branding, Famous Marks, Food, International, Marketing, Non-Traditional TrademarksLast year I had a running discussion on color trademarks. I blogged about the issues surrounding the protection of a color as a non-traditional trademark, the impact of industries clustering around a particular color, and the concern that functionality may impede protection of a color trademark. Need a refresher? Check here, here, here, and here…. Continue Reading
Chevy Silverado Super Bowl Ad
Posted in Advertising, Branding, Fair Use, False Advertising, Food, Loss of Rights, Marketing, Television, TrademarksAbsorbing all the television commercials in between football action on the field can be as much fun on Super Bowl Sunday as the actual game itself, at least for trademark and marketing types, especially when your favorite team isn’t even on the field. One of my personal favorites from this past weekend’s Super Bowl XLVI was the… Continue Reading
Insuring a Great Super Bowl Trademark Fight
Posted in Advertising, Almost Advice, Articles, Branding, Fair Use, Infringement, Law Suits, Marketing, TrademarksSo, tomorrow is the big day, the big game, or whatever else other intimidated advertisers might call it. I just want to find the best deal on a flat screen television today! But, more to Mike Masnick’s point on Techdirt about the NFL’s reputation as a “trademark bully,” and his challenge to advertisers — “It’s the Super Bowl…. Continue Reading
A Match Made in Branding Heaven
Posted in Advertising, Branding, Guest Bloggers, Marketing—Brent Carlson-Lee, Founder & Owner of Eli’s Donut Burgers Orville Redenbacher’s popcorn and movie night. Oscar Mayer hot dogs and the 4th of July. Miller Lite and the Super Bowl. Musselman’s apple sauce and bowling? Call me ignorant, but until I saw this circular ad (commonly referred to as a free-standing insert, or FSI, in… Continue Reading
O Brothers, Where Art Thou?
Posted in Advertising, Branding, Guest Bloggers, Marketing, Trademarks—John Reinan, Senior Director at Fast Horse, a Minneapolis marketing agency Growing up in Minnesota, I became familiar with cough drops at a young age. And that meant I became familiar with the Smith Brothers, Trade and Mark. You don’t know who they are? Well, take a look at the label reproduced here, on which… Continue Reading
Incongruity in Advertising?
Posted in AdvertisingMy post from a couple of days ago, commenting on Chick-fil-A’s EAT MOR CHIKIN slogan and the associated Cow Campaign and advertisements, neglected to discuss an issue – one so important — that I’m compelled to raise it now, as it appears to have disturbed my otherwise healthy cognitive system. It has disturbed me as much as one of my amphibian-loving sons was… Continue Reading
Eat More Anything?
Posted in Advertising, Branding, Food, Infringement, Marketing, Television, Trademarks, TTABAn allegation of trademark bullying is in the news again, this time Chick-fil-A is the accused Goliath – charged with overreaching in its enforcement efforts relating to intellectual property rights in the very clever and creative EAT MOR CHIKIN a/k/a The Cow Campaign and advertisements: Perhaps you’re wondering what aspect of the Cow Campaign Chick-fil-A is seeking to protect?… Continue Reading
High Fructose Corn Syrup, Thy Name is Not Corn Sugar
Posted in Advertising, Branding, False Advertising, Food, Law Suits, MarketingMore than a year ago, I blogged about high fructose corn syrup getting a makeover. The Corn Refiners Association has undertaken a campaign to rename high fructose corn syrup as "corn sugar." (See SweetSurprise.com and CornSugar.com to be indoctrinated.) I recently learned that a number of sugar companies (that’s cane sugar or beet sugar) sued… Continue Reading
Nationwide, But an Ocean Apart
Posted in Advertising, Branding, Guest Bloggers, International, Marketing, Trademarks—Alan Bergstrom, Brand Insights As an occasional contributor to the DuetsBlog, I have pointed out irregularities as well as similarities among brand names and identities. I recently ran across an interesting case of international “double identity” that has even me scratching my head as to the probability of pure coincidence. For me, it certainly raises questions… Continue Reading
Artisan Puffery?
Posted in Advertising, Branding, Food, Genericide, Marketing, TrademarksThere once was a day when being an "artisan" meant something: "A person or company that makes a high-quality, distinctive product in small quantities, usually by hand using traditional methods: artisan foods." The key elements of an artisan’s handiwork seem to be hand-crafted, distinctive products of high-quality that are produced in small numbers. Perhaps bread from the… Continue Reading
When You Verb Your Trademark, You Know What?
Posted in Advertising, Branding, Genericide, Loss of Rights, Marketing, Television, TrademarksWell, perhaps more than just about every trademark use guideline in existence, including those offered by the International Trademark Association (INTA) ("NEVER use a trademark as a verb"): (television commercial link on Youtube here) Maybe because you have been following the trademark verbing dialogue here on DuetsBlog and you have learned all about Managing The Legal Risk of… Continue Reading
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Duets Blog Authors
Steve Baird
Just so you know, I'm all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, "Who owns these brands" and "Did they really register those marks?" More...
Dan Kelly
You can call me a “non-traditional” attorney, which is a polite way of saying that I did not attend law school straight out of college. I spent five of my first six years after college as a junior high school teacher. The other year I worked as an engineer for a large corporation. More...
Sharon Armstrong
Voted most likely to become an actress while in pre-school, I don’t think I surprised anyone by becoming a lawyer, the steadiest professional gig open to those with a flair for the dramatic. More...
Brent Lorentz
Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. More...
Catlan McCurdy
Having long been told by my parents that I could do or be anything I wanted, I chose at the age of 10 to become an attorney, as it was the career that would most likely lead me to my goal of becoming the first woman POTUS.More...
Tiffany Blofield
Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else. More...
Brad Walz
My law career started on the ice…as a defensive hockey player (we’re not talking professionally…and if I were, I probably wouldn’t have gotten into law). More...
Susan Perera
Born into the world with an aptitude for science and an affinity for art I found my career path quickly chosen for me. More...
Derek Allen
In hindsight, writing about creativity and the law may have always been in the cards for me. I began training for a career in litigation at an early age by finding ways to disagree with pretty much anyone about pretty much anything. In my longest-running “case,” I argued with my middle school math teacher, Mrs. Jabs, for the better part of four years over whether, even if I got the right answer, I had to show my work to get full credit. More...
Laura Gutierrez
An attorney I am not. Though told to become one, I don't possess those qualities needed to be an effective one (I lack confrontation skills, and although I can write a great argumentative essay, I can’t argue outside a sheet of paper). More...