DuetsBlog Collaborations in Creativity & the Law

Steve Baird

View my professional biography

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?”

To understand the depth of my passion for brands and helping clients achieve their business goals, legally, you must understand that my interest in business and branding goes back to the late 1960s. The very first brand I recall profiting from was Jiffy®. Even before being old enough to deliver papers for the Iowa City Press Citizen, between episodes of Bewitched®, I would bake cupcakes and walk my finished product door-to-door, sampling along the way, of course, throughout our Kimball Road neighborhood, mostly selling them to husbands whose wives didn't bake enough (probably watching Bewitched®), according to them at least. One hundred percent profit margins are easy when you can use the necessary equipment and raw materials directly from Mom's kitchen. Mass producing "hot pads" (pot holders, not real estate) and selling them door-to-door was another favorite childhood business venture at the ripe age of six. Graduating to lawn-mowing age worked well with my paper routes because I could easily see who needed help cutting their grass and, in some cases, avoiding neighborhood ridicule. Yes, you're right, Dad loaned me his Lawn-Boy® mower on weekends, rent-free, and even bought the gasoline (Dad was not brand loyal at all with gasoline, so I have no brand memory there). Another pure profit opportunity. Let's just say that Mom and Dad were generous, unsecured investors in my development and future. Thanks Mom and Dad, I now understand the meaning of overhead and capital improvements!

I bucked a lot of family tradition and jokes to become a lawyer and a trademark guru. There is not one lawyer in the family tree, as far as my sister knows (and she would know). Nearly everyone is, or was, a teacher of some kind. That must be where my passion for educating others about the legal implications of branding comes from. Basically, I have been speaking about the legal implications of branding since the early 90s, after permitting my pharmacist’s license to expire (after being a victim of an armed robbery where Dilaudid® was on the top of the gunman’s list of desired controlled substances), and shortly after working for an 86 year old federal judge whose chambers had a nice view of the White House in Washington, D.C. While I’d like to say that the movie My Cousin Vinny inspired me to become a lawyer, it was released two years after I graduated from law school. So, really, I guess it just inspired me to be a better lawyer and leader. For now, you can call me a “thought-leader” in the trademark world, and the thankful leader of a very talented group of creative and insightful lawyers and staff who are dedicated to putting our intellectual property clients in the best possible position to achieve their business goals.

When I'm not in the office, "cracking the whip," making sure others in the group keep their bios on this blog short and sweet, working (which isn't to say I'm not still thinking about my clients' businesses), or soaking it up in the hot-tub with my soul-mate, I am a dedicated family man - a.k.a. the chauffeur. Until they reach the driving age, I'll continue to shuttle my four wonderful kids around to their athletic and other events, at which you can find me cheering in the stands.

Posts by Steve Baird

Using Old Starsky and Hutch to Sell New Furniture?

Posted in Advertising, Branding, Fair Use, Infringement, Marketing, Television, Trademarks

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

Louboutin: Still Waiting on the Second Circuit Court of Appeals

Posted in International, Law Suits, Non-Traditional Trademarks, Trademarks

When I snapped this photo over a month ago in Las Vegas, I figured it wouldn’t be much longer before we hear from the Second Circuit Court of Appeals in the Christian Louboutin v. Yves Saint Laurent red sole trademark infringement case. Trademark types are anxiously waiting to hear whether the district court’s denial of Louboutin’s… 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, USPTO

Eating 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

Minnesota’s Legislative Answer to “Trademark Bullying”?

Posted in Infringement, Law Suits, Trademarks

Minnesota State Representative Joyce Peppin, is convinced that “trademark bullying” is a problem and that it requires a brand new law in Minnesota to properly deal with it. Representative Peppin apparently is a law student at William Mitchell College of Law, and she has teamed up with other students and William Mitchell law faculty to write and… Continue Reading

Leadership as a Branding Cliché

Posted in Advertising, Articles, Branding, International, Marketing

Brad 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, Trademarks

    It 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

Wish You Were Here!

Posted in Guest Bloggers, Mixed Bag of Nuts, Social Networking

We were so thankful to spend our 3rd birthday with some wonderful friends at our birthday bash on March 27. This is what blogging (and social media) is all about. “Meeting” online, finding some commonality, and then meeting face-to-face. Forming relationships with people whom – without some kind of technology – we may never have met…. Continue Reading

Tiger Traded for Candy?

Posted in Advertising, Branding, Food, Goodwill, Guest Bloggers, Marketing

Recently 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

How Fashionable is the Louis Vuitton “Trademark Bully” Label?

Posted in Articles, Branding, Copyrights, Counterfeits, Dilution, Fair Use, Famous Marks, First Amendment, Infringement, International, Marketing, Social Networking, Trademarks

There has been quite a flap surrounding the poster and invitation used by the University of Pennsylvania Law School to promote Penn Intellectual Property Group’s Fashion Law Symposium, scheduled for a week from tomorrow. The symposium appears to be designed as a serious affair, boasting an all-star cast of general counsel from the fashion industry, including those from… Continue Reading

Effective Taglines, Can They Include the Brand Name?

Posted in Branding, Marketing, Trademarks

The Blake Project did a nice post yesterday on their Branding Strategy Insider blog, sharing insights about effective taglines that “communicate the brand’s ‘unique value proposition’ powerfully, succinctly, and memorably,” I’d encourage you to check it out, here. I couldn’t help but notice there was only one fast food restaurant tagline on their list of “effective”… Continue Reading

Chick-fil-A Goes Stealth in “Eat More Kale” Trademark Dispute?

Posted in Branding, Food, Infringement, Trademarks

The question for the day is not, why did the chicken cross the road, but rather, why did the chicken file an ex parte Letter of Protest with the Office of the Deputy Commissioner for Trademark Examination Policy at the United States Patent and Trademark Office (USPTO), just a few months ago? To get to the other side of the… Continue Reading

Shark Tank. Minnow Diligence?

Posted in Branding, Marketing, Television, Trademarks

Shark Tank Episode 301 (Money Fragrance)   For those who haven’t seen or heard of it yet, Shark Tank is an ABC reality television series in which entrepreneurs pitch investment proposals to a panel of five wealthy and feisty ”sharks” — including these independent and successful investors: Robert Herjavec, Barbara Corcoran, Kevin O’Leary, Daymond John, and Mark Cuban…. Continue Reading

Louboutin Red-Sole & Surrounding Contrast: An Implied Trademark Limitation

Posted in Articles, Branding, Fair Use, Infringement, International, Law Suits, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Sight, Trademarks

The Louboutin lacquered red sole trademark is the subject of great debate in the trademark world, fashion industry, popular news media, and among law school academics and friends of the court. I’m just not seeing it. I really don’t see a viable trademark claim here for Louboutin. Not for the reasons found by the district court — I… Continue Reading

Louboutin Red: Blending Into the Background

Posted in Branding, Fair Use, Infringement, Law Suits, Non-Traditional Trademarks, Sight, Trademarks

A purely hypothetical puzzle, but I’m wondering, would Christian Louboutin have a viable trademark claim if Yves Saint Laurent sold women’s shoes in boxes bearing the above seemingly random grid of letters, each letter having equal type, style, font, color and emphasis? For those of you who answered with a strong “of course not,” I suspect your answer must change if selected… Continue Reading

Chevy Silverado Super Bowl Ad

Posted in Advertising, Branding, Fair Use, False Advertising, Food, Loss of Rights, Marketing, Television, Trademarks

Absorbing 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, Trademarks

So, 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

Redefining a Trademark Bully?

Posted in Almost Advice, Articles, False Advertising, Mixed Bag of Nuts, SoapBox, Trademarks

We’ve spilled a lot of digital ink discussing the trademark bullying topic, going all the way back to my original blog post from 2010: ”The Mark of a Real Trademark Bully.” Within the last several days, there has been quite a bit of online media coverage about Trademarkia’s new features that tout an ability to “Find… Continue Reading

Grab Some Buds and Pop a Red Top (or Tab)?

Posted in Branding, Marketing, Non-Traditional Trademarks, Product Packaging, Trademarks

Given how much we know you enjoy the subject of non-traditional trademark protection, here is a recent one from Anheuser-Busch: The description of the mark reads: “The mark consists of a design feature of product packaging, namely, a red colored tab on a can, which features a crown design that is transparent. The dotted lines… Continue Reading