DuetsBlog Collaborations in Creativity & the Law

Martha Engel

View my professional biography

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. Through trips to the art museum and many afternoons spent at the ad agency, I developed an interest in design and an understanding of the value of a strong brand. But, for reasons even I am still trying to understand, I always wanted to be a lawyer, an aspiration first realized the Halloween I insisted on wearing a blazer and carrying a briefcase full of contracts and legal pads in one hand and a plastic pumpkin for candy in the other. Whatever the reason, I feel incredibly fortunate that my job allows me to be an engineer, a creative, and a lawyer simultaneously.

When I'm not in the office, I spend time enjoying the outdoors, playing board games with my family, reading books and car magazines, and tackling new recipes.

Posts by Martha Engel

It’s Madness and We’re Dancing

By on Posted in Advertising, Trademarks

Spring is here! Although it certainly doesn’t look or feel like it up here in Minnesota.  And more importantly, March Madness is here!!!!  Hope you have enjoyed watching the games thus far. Like the SUPER BOWL and the OLYMPICS, MARCH MADNESS is just one of those phrases to maybe stay away from.  The NCAA owns… Continue Reading

Hey Brand, Shh!: Is De-Branding the Next Hip Design Trend?

By on Posted in Advertising, Branding, Famous Marks, Food, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Patents, Product Configurations, Product Packaging, Trademarks

A couple months ago, Selfridges, a high-end department store based in London, launched a “No Noise” campaign.  The initiative seems rooted in the company’s history; its original store featured a “Silence Room” to allow shoppers an empty area to relax from the stimulating hustle & bustle of the retail experience.  From the site:  “As we… Continue Reading

The Road Rules

By on Posted in Advertising, Branding, Marketing, SoapBox, Trademarks

I’m a car aficionado, but in my opinion and without mincing words, car commercials are boring.  With few exceptions like the Young Vader ad from VW from the Super Bowl a few years ago, car commercials are stale and, more than any other genre, lack what I consider to be the “umami” of ads –… Continue Reading

Batmobile: The Copyright Rises

By on Posted in Copyrights, Infringement, Law Suits, Patents, Product Configurations

Over the weekend, I saw an article in the Hollywood Reporter (which incidentally likes to quote our very own Catlan McCurdy, like here and here) discussing the copyright dispute over the 1966 Batmobile.  Warner Brothers and its subsidiary DC Comics sued the owner of Gotham Garage for trademark and copyright infringement of the Batmobile design. … Continue Reading

If only I could be a Lego product tester…

By on Posted in Almost Advice, Branding, Famous Marks, Non-Traditional Trademarks, Patents, Product Configurations, Trademarks

Santa 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

Happy Thanksgiving(R) Dolls and Guys

By on Posted in Trademarks, USPTO

Thanksgiving is, without a doubt, my favorite holiday.  It’s a day to reflect on our many fortunes and to spend time with family eating delicious turkey, potatoes, and pie (and maybe watching some football).  It seems that the Christmas trees, music and displays spring up at local retailers earlier and earlier each year, usually immediately… Continue Reading

Intellectual Property and the Next President

By on Posted in Articles, Branding, Copyrights, Idea Protection, International, Marketing, Patents, Trademarks

After months of debates, worn out talking points, and a seemingly endless barrage of ads, election day is finally here!  I’m hoping this post serves as a reminder to get out and vote today. Campaigns these days are not without their intellectual property feats and blunders.  There are the buttons; the slogans – purposeful and… Continue Reading

No BLUE IVY Registration? Not so fast…

By on Posted in Trademarks, USPTO

Celebrity blogs and music magazines were abuzz with the news that Jay-Z and Beyonce “lost their bid” to trademark their daughter’s name BLUE IVY.  “Jay-Z and Beyonce Can’t Trademark BLUE IVY.”  “Jay-Z and Beyonce Lose Right to Trademark BLUE IVY.”   Hold your horses, single ladies, you might want to check on it.  They got about… Continue Reading

Bumper Sticker Revival?

By on Posted in Branding, Marketing

Maybe it’s just me but recently I’ve noticed more and more vehicles with bumper stickers.  Driving to work reads like status updates in my “news feed” – children’s activities, political commentaries, workout statistics, trips, colleges, pets, restaurants visited…lots of personal information.  Maybe “likes” and “tweets” have made us more comfortable with PDAs (public disclosures of… Continue Reading

Made in Ame®ica

By on Posted in Advertising, Branding

I love American-made products. This past weekend, I attended the annual NorthernGRADE Fall Market in Minneapolis.  Set among architectural antiques in a warehouse, NorthernGRADE is an American-made menswear tradeshow featuring, among other goods, Red Wing boots, Faribault Woolen Mills blankets, backpacks from Duluth Pack, notepads from Doane Paper, hats from Fur Armour, to Moonshine Coffee. … Continue Reading

Graffiti of Olympic Proportions

By on Posted in Articles, Copyrights

I am a huge fan of Banksy, the faceless graffiti artist from Great Britain with a wry sense of humor and an affinity for social commentary.  Before I was introduced to Banksy and other graffiti artists, “graffiti” was merely unattractive gobbledygook resembling children’s handwriting spray-painted on walls, bridges, stop signs, and train cars.  But Banksy… Continue Reading

All That Glitters Is Not Just Gold

By on Posted in Mixed Bag of Nuts

Today marks the opening of the Olympics in London.  Over the last few days, as momentum has built around the Games, there have been a lot of interesting articles on branding related to the Olympics on CNN, The New York Times, FastCompany, AdAge, and other media outlets.  A lot of these articles have talked about… Continue Reading

Stuffed by “The Brow”?

By on Posted in Trademarks

I am an unabashed college basketball fan, and in the winter, my TV (if on) is almost always tuned to college basketball.  So when I saw the story of Anthony Davis, a talented Kentucky star and presumed #1 draft pick in tonight’s NBA draft, apply to trademark his unibrow, I raised one of my two,… Continue Reading

To Disclose or Not to Disclose, That is the Question

By on Posted in Almost Advice, Marketing, Patents, USPTO

One 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

Someone’s Got Googly Eyes – Complaint Filed For Cancellation of GOOGLE

By on Posted in Genericide, Law Suits, Trademarks

On May 21, Google was sued by an individual who purchased and registered 750 domain names incorporating the term “google” (e.g.  googlestarbucks.com, googlemcdonalds.com, googleeagle.com, googledemocrats.com, googlerepublicans.com…you get the idea).  The complaint filed by David Elliott can be found here (thanks to Jeff John Roberts of paidContent.org for the link).   Interestingly, Mr. Elliott is named as… Continue Reading

Forming positive connections

By on Posted in Mixed Bag of Nuts

Hello DuetsBlog followers!  As the newest member of the DuetsBlog team,  I am truly ecstatic to be a part of this blog.  The daughter of an advertising executive and an art teacher, I grew up in a family where our dinner conversations often pivoted towards lengthy discussions on a new name, a shift in brand… Continue Reading