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Category Archives: Advertising

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Pepsi Gets Grip on MLB All-Star Extravaganza

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

How cool is it to have the MLB All-Star Game and related events, right here in Minneapolis? Very. As the advertisement shows, Pepsi is playing a large role in the event, as the “Official Soft Drink” of the MLB All-Star Game. As attractive as the ad is, sadly, I suspect that only trademark types and… Continue Reading

ED Ads: Humor From Across the Pond

Posted in Advertising, Articles, Copyrights, Fair Use, First Amendment, Goodwill, Infringement, Law Suits, Marketing, Squirrelly Thoughts, Television

On this last day of the month, we are shedding almost all seriousness to stand at attention while examining some recent London taxi cab humor — from the perspective of Lloyds Pharmacy – about treating the affliction of erectile dysfunction (ED) with six pound pills and a healthy dose of laughs: One of the things I learned… Continue Reading

Brewing Brewery Brawl: Busch Not Happy with NATTY

Posted in Advertising, Branding, Dilution, Infringement, Marketing, Trademark Bullying, Trademarks, TTAB, USPTO

You know that beer that you would drink in a basement, but now that you acknowledge that you are actually an adult, you would not be caught dead buying in a liquor store or requesting at a bar or restaurant?  We’ve all got one.  Having spent my college drinking days in “the good land”, my… Continue Reading

Jesus Christ (World Cup) Superstar?

Posted in Advertising, Copyrights, Marketing, Television

The World Cup is in full bloom and like anything that involves lots of money and national pride, it’s going to generate its share of lawsuits (or threatened lawsuits). My favorite so far finds the Archdiocese of Rio de Janeiro threatening a copyright suit against Italian broadcaster Rai Italia for daring to put an Italy jersey on Rio’s famous Christ the Redeemer… Continue Reading

Do You Love Paris Too, New York?

Posted in Advertising, Articles, Branding, Fashion, Infringement, Loss of Rights, Marketing, Trademark Bullying, Trademarks

Shopping with my daughter this past weekend on the Avenue des Champs-Élysées in Paris, on the way to the Arc de triomphe, we spotted this shop selling  “I ♥ Paris” merchandise: What do you make of this one, Tim, does it look familiar? I’m thinking Mike Masnick of Techdirt, given his trademark bullying perspective on the… Continue Reading

Legal Marijuana: New Branding Opportunities, Same Old Infringement

Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Infringement, Law Suits, Marketing, Trademarks

Whether driven by new laws or technology, companies and individuals always push the limits of the law during the industry’s formative years. Obvious examples like Napster come to mind, as well as the more dated example of the VCR. Out in Washington and Colorado, the new booming business of legal marijuana is no different. According… Continue Reading

Owning a New Look Through Advertisements

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

We’ve spilled a lot of digital ink on the importance of “look for” advertising when a brand owner wants to legally own a non-traditional trademark like a single color, or perhaps the shape of a product, or even product packaging or containers, among other potential non-traditional marks. So, when I discovered three billboard ads within… Continue Reading

Can We Sue The Dew?

Posted in Advertising, False Advertising, Marketing, SoapBox

Be forewarned.  What you are about to read could very easily be characterized as a rant. Earlier this week, I was driving home from work when I heard a radio commercial for Mountain Dew Kickstart.  Similar to the above visual advertisement, the radio spot touted the perfect combination of “dew, juice, and electrolytes.”  And, with a substantially… Continue Reading

Fair Use of GM’s Corvette Stingray?

Posted in Advertising, Articles, Branding, Contracts, Fair Use, Famous Marks, Genericide, Goodwill, Infringement, Loss of Rights, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Sight, Trademarks, USPTO

While filling up my gas tank at our local Costco last week I coudn’t resist capturing this photo of pump signage to ask our dear readers a few pointed questions: Is there any doubt that the automobile depicted in the Costco advertisement is a Corvette Stingray? If so, HiConsumption should resolve any lingering questions. How did… Continue Reading

Eat More Walleye?

Posted in Advertising, Articles, Branding, Food, Marketing, Non-Traditional Trademarks, Product Configurations, Trademark Bullying, Trademarks

It’s that time of year again, the Minnesota fishing opener is upon us this weekend, so Rapala is sporting its new billboard in the Twin Cities metro area, as shown below: “Winner, winner, walleye dinner,” is an obvious play on the far more frequently uttered “winner, winner, chicken dinner” positive outcome phrase, that apparently derives from early casino… Continue Reading

What A Daughter Learned From Her Dad About Working in a “Mad Men” World

Posted in Advertising, Almost Advice, Marketing, Mixed Bag of Nuts, SoapBox, Squirrelly Thoughts

Today is Take Our Daughters to Work Day, which I thought was a lost day but apparently has been re-branded to the more gender-neutral “Take Our Daughters and Sons to Work Day.”  Upon discovering that I happened to select this day for one of my blogposts during the year my dad retires, this post seemed… Continue Reading

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