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

Crushing a Perfectly Good Brand Name?

Posted in Advertising, Almost Advice, Branding, Genericide, Loss of Rights, Marketing, Trademarks, USPTO

Remember 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

Monster Cable Ordered to Pay Monster Daddy Attorneys Fees in Meritless Appeal

Posted in Contracts, Law Suits, Trademark Bullying, Trademarks, TTAB

Techdirt has written extensively about why Monster Cable is considered ”somewhat famous as a trademark bully.” Numerous comments to a TTABlog post reinforce this view. One of the examples Mike Masnick over at Techdirt has highlighted is a TTAB case we handled for a Monster Cable victim a few years back, reported here, with pleadings here. This victory led us… Continue Reading

BAND-AID, TM Death by a Thousand Cuts?

Posted in Advertising, Branding, Famous Marks, Genericide, Loss of Rights, Marketing, Trademarks, Truncation

If you were a Band-Aid brand adhesive bandage, and you were cut, would you protect yourself? Brent, sorry I couldn’t help myself, I’m still enjoying your Louis Vuitton waffle-maker post. With that intro, let’s turn another page to the Genericide Watch category, here at DuetsBlog: In focusing attention on the first item in the list shown above, to the… Continue Reading

The Not-So-Happy Place of Genericness

Posted in Articles, Food, Genericide, Infringement, Law Suits, Loss of Rights, Non-Traditional Trademarks, Trademarks

Restaurant trade dress is possible to own when the claimed trade dress is distinctive and non-functional, think Taco Cabana. Restaurant trade dress can be so unique in the marketplace that distinctiveness is presumed with a finding of inherent distinctiveness. When not so obviously unique, distinctiveness also can be established with the more difficult proof of secondary meaning. Remember 1992? The… Continue Reading

Super (Bowl) Sunday, Ads Coming Soon

Posted in Advertising, AlphaWatch, Branding, Fair Use, Food, Marketing, Trademarks

Looks like the V Bar at The Venetian Resort, Hotel and Casino, in Las Vegas, is having some sort of function on “Super Sunday” – February 3rd (that date sounds familiar): Here’s a question for those responsible for clearing the ad shown above: Why bother with attempting to invite imagination (especially when the visual aspects require none) by using constrained… Continue Reading

AlphaAlert: V Bar Branding in Vegas

Posted in Mixed Bag of Nuts

      V stands for Venetian, apparently, not Vegas, or maybe both, who really knows? Anyway, it’s been a little while since our last AlphaWatch Alert, so there you go. By the way, love the graphic design for this single-letter brand and logo: Very nice.

Pepsi, No Coke: Branding Nonsense at Work?

Posted in Advertising, Branding, Famous Marks, Food, Marketing

Irony is something I enjoy capturing, as you already know, especially when it comes to branding. Take this recent image from my favorite hot dog joint in Grand Rapids, Michigan, Yesterdog: Note the vintage Drink Coca-Cola signage on the wall, directly behind the modern soft drink fountain, delivering only Pepsi products, to my great disappointment. Now,… Continue Reading

Inherently Distinctive Product Packaging?

Posted in Branding, International, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Social Networking, Trademarks, USPTO

Earlier this month, we asked whether [yo]gurt(lab) has an inherently distinctive interior restaurant environment? This week, we’re focused on product packaging, and ask whether Spine Vodka has enough meat on the bones to satisfy the trademark test for an inherently distinctive product package design? This little gem of an image surfaced in a LinkedIn discussion where I learned… Continue Reading

Supreme Court Upholds Nike’s Promise to “Break the Wrist, and Walk Away”

Posted in Articles, Infringement, Law Suits, Trademarks

Not every day does the United States Supreme Court weigh in on a topic impacting the trademark world, but it did so yesterday in Already, LLC v. Nike, Inc., a case illustrating what can happen when a trademark plaintiff wants to pull the plug and end the lawsuit it started in a walkaway (or as martial arts instructor… Continue Reading

The Soft Underbelly of Turtles Candy: Is the U.S. Trademark at Risk of Genericide?

Posted in Advertising, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks

It has been a while since we’ve added another page to the Genericide Watch, so a little trip to Candyland, the Twin Cities’ local iconic and old fashioned candy shop, didn’t disappoint: I suppose that Candyland’s ”Mock Turtles” sign is meant to communicate that it isn’t actually selling authentic Turtles brand pecan/caramel/chocolate candy from DeMet’s Candy Company. But, what does that imply about the Cashew Turtles, Pecan… Continue Reading

Inherently Distinctive Restaurant Interior?

Posted in Branding, Domain Names, Food, Marketing, Non-Traditional Trademarks, Sight, Trademarks

We recently focused our attention on a very unique-looking, dare I say distinctive, retail store exterior design; for a quick reminder, see here. The recent craze for self-serve frozen yogurt shops – where you pay by the ounce (or perhaps, by the pound), has us focused today on a pretty darn unique interior retail environment: This is… Continue Reading

The Fiscal Cliff, Not a Trademark-Worthy Catchphrase?

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

With the constant stream of news reporting about the impending “fiscal cliff,” how can there be no U.S. federal trademark filings containing those two terms, at the moment anyway? Federal intent-to-use trademark applications typically follow popular catchphrases (as Tiffany Blofield, Brent Lorentz and Jon Applebaum have written about before), even political ones: President Reagan’s “Trust, But… Continue Reading

Are You the New Year’s Resolution Type?

Posted in Squirrelly Thoughts

I’ve never really been much of the New Year’s resolution type — what is so magical about January 1 for deciding to make a change? Nevertheless, this year I decided to jump on the bandwagon and come up with one. But, recognizing that the typically low success rate can be increased when the resolution is… Continue Reading

Merry Christmas

Posted in Mixed Bag of Nuts, Squirrelly Thoughts

This image is currently trending on Bing: Anyone know who it is? In addition to wishing everyone Happy Holidays during this wonderful holiday season, we’d also like to wish those who celebrate Christmas a very Merry Christmas too!

University of California Flushes New Logo

Posted in AlphaWatch, Branding, Guest Bloggers, Marketing, Social Networking, Trademarks

So, last Friday we covered this story: Critics Flush New University of California Logo. Now, we can report that the next morning, the Los Angeles Times wrote this story: Maligned UC Logo Shelved; “Time to Move On,” Officials Say. Putting aside any possible questions about cause and effect, is there a difference between flushing a… Continue Reading

No Plaque on This Scope Bottle Trademark

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

Would you place this mouth wash bottle on your bathroom counter or hide it under the counter? The answer to this question, it appears, can have a material impact on whether the shape and design of the bottle functions as a non-traditional trademark. The Procter & Gamble Company created this elegant container design — to counter the out-of-sight-out-of-mind… Continue Reading

Nike and Adidas on the Same Team?

Posted in Branding, Dilution, Famous Marks, Marketing, Non-Traditional Trademarks, Trademarks

Knowing how Adidas (or should I say, adidas) jealously guards its three stripe design on shoes, and is notorious for protecting against not only three, but two and four stripe buffers as well, my eyes were drawn to this display of Nike Shox sport shoes at our local Finish Line retail store. While I suppose different… Continue Reading

Bits and Pieces of Brands = Trademarks

Posted in AlphaWatch, Branding, Food, Marketing, Product Packaging, Trademarks, Truncation, USPTO

  D + What = Diet Coke? Let’s file this brand truncation example under the AlphaWatch category, even though there is some other stuff going on here too. The rendition of the distinctive Diet Coke soft drink can to the left really popped for me, at the point of sale, positioned on a shelf behind the clear-glass door of… Continue Reading