You have to be one big fan of a company or product to establish a World {What-You-Cannot-Live-Without} Day. Well, a sticky situation with the well-known hazelnut spread Nutella may have you rethinking your public affection. Back in 2007, Sarah Rosso (Nutella Fan) established World Nutella Day to celebrate her affection for Nutella. Within the past… Continue Reading
Category Archives: Almost Advice
Subscribe to Almost Advice RSS FeedBudgeting for Litigation
Posted in Almost AdviceNow, more than ever, businesses are confined by their budgets. Long gone are the days of the blank check for many business expenses, and that includes litigation. If businesses need to live by budgets, so to should the law firms live by the budgets they set for, among other things, litigation. It is true that… Continue Reading
You Owe Me One Hundred Million Dollars
Posted in Almost AdviceThe threat of monetary damages in trademark infringement cases is something that is often asserted, but not necessarily a well understood concept. Some trademark owners mistake their federal trademark registration as a lottery ticket. Generally, this is not the case. The primary goals of the Lanham Act are to achieve equity between the parties, and… Continue Reading
Tweaking March Madness
Posted in Almost AdviceIt’s the end of February, which by my calculations means its almost the beginning of March, which means OH YES FINALLY MARCH MADNESS ASDFNLEKLDFNDF!!!!!!!!!!!!! (Apologies, I just get a little excited thinking about it.) This is without a doubt my favorite sporting event of the year. Once you include the conference tournaments where each of the winners… Continue Reading
Crushing a Perfectly Good Brand Name?
Posted in Advertising, Almost Advice, Branding, Genericide, Loss of Rights, Marketing, Trademarks, USPTORemember how important it is to stay on the right side of the suggestive/descriptive line when it comes to making proper use of a brand name? We have cautioned about the danger of “taking a suggestive name, mark, or tag-line, and using it descriptively in a sentence on labels, packaging, ad copy, or the Internet,” because… Continue Reading
From “First to Invent” to “First Inventor to File”
Posted in Almost Advice, Patents, USPTOOne month from tomorrow, the most significant change to U.S. patent law in recent history will go into effect. Since 1790, when the first patent act was signed into law, the U.S. patent system has been a “first to invent” system. Next month, it will change to a “first inventor to file” system. The U.S…. Continue Reading
Blinded by the Light: Privacy in 2013
Posted in Almost AdviceMore and more companies are experiencing the affects of a data security incident. Whether that incident involves an unauthorized disclosure of personal identifiable information or merely the collection of information, consumers increasingly are demanding to know what information companies are collecting and how the information is being used. If there was a single term to sum… Continue Reading
If only I could be a Lego product tester…
Posted in Almost Advice, Branding, Famous Marks, Non-Traditional Trademarks, Patents, Product Configurations, TrademarksSanta brought me one of my favorite trademarked and patented products: a LEGO® set! Yes that is Mr. Firefighter dousing the flames on the LEGO® tree while holding a cup of coffee. The hero of my LEGOland! For a Lego geek like me, there was an intriguing story in the Wall Street Journal last week… Continue Reading
FTC’s New Rules for Advertising Mobile Apps
Posted in Advertising, Agreements, Almost Advice, Contracts, False Advertising, International, TechnologyThe Federal Trade Commission has published guidelines for advertising mobile applications. In general, the guidelines incorporate the FTC’s policies on truthful advertising and data privacy. On the advertising side, if you make objective claims about your app, then you will need proof to support your claims. The proof necessary to support objective clams is competent… Continue Reading
Assassin’s Creed III: Evil George Washington Edition?
Posted in Almost Advice, Technology, TelevisionToday marks the release of probably the most anticipated video game of the year, Assassin’s Creed III. For those of you who complain that video games don’t teach kids anything, this game goes beyond what your history teachers taught you and tells the (not in any way) true story of how the Revolutionary War was pretty much… Continue Reading
Charge it!
Posted in Almost AdviceRetailers, vending machines, food trucks, parking garages, and taxi’s have one thing in common, they all accept credit cards. Credit cards are a great convenience for consumers, but can be a headache for small businesses. Type in “credit card processing” and you will get a number of results for companies that offer to process your credit… Continue Reading
A Trademark Spinning Out of Control?
Posted in Almost Advice, Articles, Branding, Genericide, Loss of Rights, Marketing, TrademarksWith the upcoming 2012 presidential election, this is the time during our American political cycle where spinning is almost a sport — at least an expected activity. Puns intended, as you’ll see. Over the last several years, I’ve heard my wife speak about “spinning classes” at a local health club (mind you, not at the local political party caucuses) – so, a… Continue Reading
Changes to Patent Practice Effective September 16, 2012
Posted in Almost Advice, Infringement, Law Suits, Patents, USPTOWe here at the DuetsBlog like to make sure that you’re up to speed with any significant changes to intellectual property laws that may affect your rights in whatever may result from the spinning wheels of your noggin. As with most government regulations, the road to change is a slow one. We started off last… Continue Reading
Billion Dollar Baby – Apple and Design Patents
Posted in Almost Advice, Law Suits, PatentsIt’s not too often that the media takes note of a patent dispute, but the Apple v. Samsung dispute has certainly gotten a lot of news attention. Probably because almost 40% of American cell phone subscribers have a phone made by one or the other in their pockets. After a tumultuous trial, on Friday, just… Continue Reading
The Uneven Split
Posted in Almost AdviceBelieve it or not, such a phenomenon exists and can be a trap for the unwary. Collaboration is what brings about the best ideas. But who owns those ideas and how does a person gracefully discuss the ownership topic with their collaborator? The answer, very carefully and, hopefully, in the beginning of the relationship. Under… Continue Reading
When is a ballpark frank a ball park BRAND frank?
Posted in Almost Advice, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks, USPTODo you suppose the author of this article knows that Ball Park is a federally-registered brand name and trademark, not an unprotectable generic term synonymous with hot dogs and frankfurters? The growing prevalence of lower-case brand styles and visual identity has complicated the answer to this question a bit, I suspect. Nevertheless, we should probably chalk up another example for… Continue Reading
Breaking the Mold: Virtual Marking of Patent Numbers
Posted in Almost Advice, Patents, Product PackagingWhen I pick up a pen or a razor or some other mundane item and I see “Pat. D487822″, my brain almost instinctively tries to determine what year the patent issued, whether it’s still active, and what part of the product was patentable. Unless you’re a patent attorney, you probably do not pay much attention… Continue Reading
Taking Good Ideas
Posted in Agreements, Almost Advice, Articles, Contracts, Mixed Bag of NutsWhile I was in law school, I remember listening to a podcast with Grantland’s Bill Simmons and Toronto Maple Leafs GM, Brian Burke. One particular line from Burke stood out to me: paraphrased, Burke said that a good idea that you steal is just as good as a good idea you think of yourself, except… Continue Reading
The Necessary Terms for Co-Existence Agreements
Posted in Almost AdviceParties to a trademark dispute commonly resolve their issues through a co-existence agreement. A co-existence agreement sets up the fence posts around what the parties can do with their respective marks. A trap for the unwary when drafting a co-existence agreement is being lulled into a sense partnership because a co-existence agreement has the feeling that… Continue Reading
Can Anyone Smash a Burger?
Posted in Almost Advice, Branding, Food, Genericide, Loss of Rights, Marketing, TrademarksWhile visiting SmashBurger this weekend, I noticed a new drink cup, and I anxiously examined it, wondering whether it had been updated to remove the previously devastating (to a trademark type) language: “Where SMASH means we literally smash 100% Angus beef at a high temperature to sear in all the juicy burger goodness.” For a… Continue Reading
To Disclose or Not to Disclose, That is the Question
Posted in Almost Advice, Marketing, Patents, USPTOOne important collaboration of creativity and the law not often addressed on this forum is the protection of inventions. Design patents may be granted for new ornamental or industrial design features of a product. Utility patents may be granted for new and useful processes, machines, manufactures, chemicals, materials, or improvements thereof. On September 16, 2011,… Continue Reading
Update on Pinterest and Copyright Infringement: Still Pinning
Posted in Almost Advice, Copyrights, Fair Use, Infringement–Catlan McCurdy, Attorney Earlier this spring, I discussed copyright liability for Pinterest users, anticipating that the debate would continue into the summer. But concerns over pinning copyrighted material has petered out faster than the public’s interest in Tom Cruise, and after attending a fantastic Social Media and Law panel discussion on Tuesday, I’m wondering if… Continue Reading
It’s the Most Infringing Time of Every Two Years
Posted in Almost Advice, Infringement–Sharon Armstrong, Attorney It’s that time of every-two-years ….the Olympics are coming to a screen near you! Cue the torch, the John Williams theme, and the familiar ring of Bob Costas’ voice. And with these familiar sights and sounds comes another regular accompaniment to the Olympics – trademark infringers. The Guardian reports that, near Olympic… Continue Reading
Pinterest, Thy Name is Fair Use
Posted in Almost Advice, Copyrights, Fair Use, First Amendment, Infringement–Catlan McCurdy, Attorney First, there was copyright. Then, there was Pinterest. And now, there is drama. The words “copyright infringement” and “Pinterest” have been thrown around a lot recently, mainly due to the blog post of one photographer/lawyer, Kirsten Kowalski. Kirsten recently blogged about her decision to break up with Pinterest aka delete her inspiration boards, and… Continue Reading
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...
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...
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...
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...
Martha Engel
Although my interest in gadgetry and my aptitude for math eventually led me to become an engineer, my ad executive father and artistically gifted mother fostered an appreciation for the creative from a young age. More...
Anjali Shankar
When I was in elementary and middle school, I loved writing short stories. Creativity and imagination seem to come naturally to people when they are young. More...
Timothy Sitzmann
I have always considered myself to be a creative person. Full disclosure: I'm not claiming that I've created anything good, merely that I have created things that exist.More...