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Category Archives: Advertising

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Santa Goes to the Trademark Office

Posted in Advertising, Branding, Contracts, Fashion, Marketing, Social Media, Trademarks

This is Fashion Santa. Or at least it was until recently. Fashion Santa is a role that originated with model, Paul Mason and Toronto’s Yorkdale Mall in 2014. He promoted the mall and a successful charitable giving campaign. Mason continued as Fashion Santa during the 2015 holiday season, and became somewhat of a social media sensation.  But… Continue Reading

Increase Recall of Your Message By…

Posted in Advertising, Almost Advice, Branding, Guest Bloggers, Look-For Ads, Marketing

-Mark Prus, Principal, NameFlash Name Development Yes, I know the title of this post is incomplete. That is what this post is all about. Marketers know that “unfinished tasks” are the most memorable. Your brain seeks “cognitive closure” and so you will remember unfinished tasks until you complete them. This effect is called the Zeigarnik effect… Continue Reading

Creative Acronyms Refused Sometimes…Or CARS

Posted in Advertising, Almost Advice, Branding, Marketing, Product Packaging, Trademarks, TTAB, USPTO

Today’s offices treat acronyms like linguistic yoga (TOTALLY). ICYMI, they’re popular also in texts, tweets, and other “thumb-talking” activities.  LOL.  SMH. Legislators are having fun with them lately too, for example the Personal Rights in Names Can Endure Act (PRINCE Act),  the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism… Continue Reading

Sorry, Apple, Assignment of ITU Applications Isn’t MAGIC

Posted in Advertising, Branding, International

Another installment of Apple surveillance: it appears the tech giant has enlisted a shell company to file trademark applications for its newest products. Problem is, they might be stuck there. On October 27, Apple will hold a press event at its Cupertino, California headquarters, presumably to introduce new Macintosh computers. One rumored feature of the new… Continue Reading

Nihilist Arby’s: We Have The Tweets

Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Marketing, Social Media, Trademark Bullying, Trademarks

I recently came across this new piece of merchandise available for sale online: Look familiar? Those familiar with the restaurant chain Arby’s likely think so. The shirt is a product of the parody Twitter account @nihilist_arbys, created by a former writer for The Daily Show. With occasional references to current events, Nihilist Arby’s darkly comedic tweets… Continue Reading

The Anti-Advertising Ad Campaign

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

–James Mahoney, Razor’s Edge Communications Recently, a group named Glimpse bought out two weeks’ worth of the ad space in London’s Clapham Common underground station and filled it with pictures of cats. You can read the details as reported by PRI.org here. In a nutshell, though, the guy who founded Glimpse and launched the project,… Continue Reading

For Wrigley Field Street Vendors, It’s Win or Go Home

Posted in Advertising, Branding, Counterfeits, Fair Use, Fashion, Marketing, Trademarks

The Chicago Cubs are rolling into the playoffs, putting the finishing touches on a historically dominant regular season with over 100 wins. Cubs fans (like me) even dare to dream that the century-plus long championship drought may finally come to an end this fall, if the team can carry its impressive form into the postseason…. Continue Reading

A new NHL team: The Las Vegas Silver (or Desert) (or Golden) Knights

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

Have you heard about the NHL’s newest, not-yet-fully-named hockey team, based in Las Vegas? Although the team’s inaugural season will not begin until October 2017, season tickets have already sold out. This exciting news was a big relief for the team, who faced some skepticism about market demand for a 31st NHL team, and because Las Vegas has not… Continue Reading

How Would You Pronounce Infringement?

Posted in Advertising, Articles, Branding, Food, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts, Trademarks

Last week, we discussed Caribou Coffee’s billboard ad referencing transparency — this week another installment from Caribou’s current Minneapolis skyway billboard campaign: That one made me think of this one, a post from a few months back about Kind nutritional bars and their Ingredients You Can See And Pronounce tagline and trademark: Marketing types, if… Continue Reading

Owning a Cup of Trademark Transparency

Posted in Advertising, Articles, Branding, Food, Goodwill, Idea Protection, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks

Seeing this Caribou Coffee skyway billboard was a good reminder to me of how much we hear about the importance of transparency in our relationships, including those with brands we love: It appears that the prevalence of society’s use of the word “transparency” may be at an all time high, where the use of “transparent”… Continue Reading

NEIL LANE: Branding in Paradise

Posted in Advertising, Branding, Fashion, Product Configurations

I’ll admit it: if there’s a frivolous TV franchise I watch, it’s probably The Bachelor in one of its many iterations. Each series fits the same template: caricatures of eligible men and women stoke the flames of tear-stained conflict for a few weeks, before the show tries to narrow its focus to a true romantic connection (or, at least,… Continue Reading

One Hot Buzzword in Marketing: Integration

Posted in Advertising, Marketing, Mixed Bag of Nuts

– Jason Sprenger – President, Game Changer Communications Integrated marketing has caught fire over the last couple of years.  In short, this refers to the concept of an organization working with one outside agency on more than one (or all) of their marketing disciplines (including PR, advertising, graphics/digital, social media, CRM, lead generation, SEO and possibly… Continue Reading

The Olympic Branding Blackout

Posted in Advertising, Branding

Has there been a more constant presence at the Rio Olympics than #brands? I saw it everywhere, from the Polo-branded opening ceremony garb (met with the requisite outrage) to Michael Phelps’ “MP” branded swimwear (of questionable durability). So it came as a huge surprise to learn the Olympics has a very specific rule regarding branding – “Rule… Continue Reading

Stealth Marketing: How Marketers Use Emotions To Sneak Their Messaging Past Your Brain’s Filters

Posted in Advertising, Branding, Guest Bloggers, Marketing

-Mark Prus, Principal, NameFlash Name Development When your brain uncovers new information, it says: “You Shall Not Pass!” Fans of “The Lord of The Rings” will recognize this as Gandalf’s quote (https://youtu.be/V4UfAL9f74I) or perhaps will recall its use in the “Forgetting Sarah Marshall” movie (https://youtu.be/l7Z05Fq2f58). Your brain applies this gatekeeper logic to prevent itself from… Continue Reading

Can Starbucks Tolerate Cannabis Parody?

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Fashion, FDA Approval, First Amendment, Food, Infringement, Law Suits, Marketing, Trademarks

A couple of weeks back, I captured this image from a t-shirt for sale in Starbucks’ backyard — at a shop in the Pike Place Market area of Seattle: One of the things it brought to mind for me is the dozen year long trademark dilution case that Starbucks lost, over and over, a few… Continue Reading

Zero Tolerance #USOC Trademark Overreach

Posted in Advertising, Articles, Branding, First Amendment, International, Law Suits, Marketing, Social Media, Social Networking, Technology, Trademark Bullying, Trademarks

By way of follow-up to Tim’s and David’s recent discussions about Rio2016 and related U.S. Olympic Committee trademark enforcement issues, it appears that a local Minnesota carpet cleaning business called Zerorez, is poised to press the issue of the USOC’s overreaching trademark policies by asking the federal district court in Minnesota to confirm it may… Continue Reading

The World’s Healthiest Trademark Puffery

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

Above the Law recently published a Techdirt story reporting that the USPTO denied Whole Foods‘ attempt to federally-register the laudatory trademark: “World’s Healthiest Grocery Store“. The Techdirt story incorrectly seems to suggest that the global nature of the phrase is what caused the application to be refused, since Whole Foods has not yet achieved a… Continue Reading

Rio 2016: Out Counterfeiting the Counterfeiters

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

The Rio Olympics have decided that the best way to fight counterfeiters is to beat them at their own game; counterfeit themself. That’s not entirely true. Of course, you can’t really counterfeit what you own the rights to, for one. They are still aggressively going after counterfeit products. And despite the Olympic Rings, TM symbol,… Continue Reading

A Few Bainbridge Island Brands

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

If you haven’t been, I highly recommend visiting beautiful Bainbridge Island, a short thirty minute ferry ride from Seattle, Washington: It’s not routine to find national retail store brands there, so lots of unique local brands to discover and enjoy, here’s my favorite coffee shop: And, another great one: Here’s my favorite chicken on the Island, named Crockpot,… Continue Reading