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Category Archives: Branding

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Who Decides What Your Brand’s Worth?

Posted in Articles, Branding, International, Marketing, Patents, Product Configurations, Trademarks

On this Cyber Monday, I’m left wondering, will we ever have a day when the metrics and automated tools available are so accurate and reliable that intangible assets like brands (and trademarks) regularly will be valued, bought, and sold online? At rock bottom, a brand’s value is at least what another — in an arm’s… Continue Reading

“Oh, no: Beta!”

Posted in Advertising, Almost Advice, Branding, Marketing, Squirrelly Thoughts, Technology, Television

As we gather with family and friends to give thanks this holiday here in the U.S., let’s look back and think of those that won’t be with us at the Thanksgiving dinner table. For me, BETAMAX comes to mind. What’s that, you say? BETAMAX, the video cassette format that unsuccessfully battled VHS in the 1980s, has… Continue Reading

Hawking a New Mascot

Posted in Branding, Squirrelly Thoughts, Trademarks

The big mascot news over the past year has been in the NFL, as Washington fights to maintain its registrations for the REDSKINS mark. As that dispute continues, the University of North Dakota tried to put to rest its longstanding issues regarding its previous use of the name “The Fighting Sioux.” In 2012, UND dropped… Continue Reading

Pronounce this, Utepils, and I’ll buy you a beer.

Posted in Branding, Food, Guest Bloggers, Mixed Bag of Nuts, Trademarks

—Aaron Keller, Managing Principal at Capsule Here’s something to rock the stereocilia on the inside of your ears for awhile. How do you pronounce this beer name? Utepils You T Pills? Oot Er Pillss? Ute Pills? A tee pills? You Tee Piles? You T P ills? Any other possibilities? The Minnesota brand has claimed it is Norwegian… Continue Reading

Is Ronald McDonald Lovin’ This Fryday?

Posted in Articles, Branding, Food, Infringement, Marketing, Non-Traditional Trademarks, Trademarks

When I recently snapped the above image of a t-shirt on display at a large retailer in the Twin Cities, it made me want to ask the same question many survey experts will ask of respondents to determine whether a likelihood of confusion exists in the marketplace: Who put this out? What percentage of respondents… Continue Reading

Peeple who need people

Posted in Branding, Guest Bloggers, Idea Protection, Infringement, Mixed Bag of Nuts, Squirrelly Thoughts, Trademarks

– Laurel Sutton, Senior Strategist & Linguist at Catchword Brand Name Development In late September of 2015, tech media worked itself into a frenzy about the launch of an app called Peeple, which was supposed to give everyone the opportunity to rate and review every person you know. “People do so much research when they… Continue Reading

What’s in Your Tagline, a Strong Trademark?

Posted in Advertising, Articles, Branding, Marketing, Television, Trademark Bullying, Trademarks

Last year, in my post entitled What’s in Your Wallet, a Cafe?, I had this to say about the iconic Capital One tagline: “Since 2000, Capital One Financial — the nation’s largest direct bank — has been promoting its credit card services by asking What’s in Your Wallet? Three years later it began promoting banking and other financial… Continue Reading

Will Purple Reign, as a Color Trademark?

Posted in Advertising, Articles, Branding, Counterfeits, Dilution, False Advertising, Famous Marks, FDA Approval, International, Law Suits, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks

Today, we’re not talking about that Purple Rain, that Color Purple, or those Purple People Eaters, and we’re especially not talking today about Purple Gloves, Purple Bags, Purple Jackets, Purple Candy Wrappers, or Purple Tags, no today, we’re talking about “The Purple Pill,” a/k/a Today’s Purple Pill — AstraZeneca’s blockbuster Nexium brand acid reflux medication…. Continue Reading


Posted in Advertising, Branding, Famous Marks, Trademarks, TTAB, USPTO

You might be familiar with the popular mid-90s commercials suggested by the title of this post.  However, the intention of this post is about the use of trademarks on beer to refuse trademark protection for wineries and vice versa, which is an increasing problem for the growing craft alcohol industry. Recently an Austrailian company, Innvopak… Continue Reading

A Few Weekend Views and Brand Sighting(s)

Posted in Articles, Branding, Fashion, Marketing, Non-Traditional Trademarks, SoapBox, Trademarks

My daughter captured some artsy pics from our beautiful Fall weekend, can you guess where we were? I’ll give you three visual hints: Those clues weren’t all that helpful, I suppose, so how about these souvenirs and brand sighting? But, what brand sighting is this really, are there actually two here, one overlaid on the… Continue Reading

Airline Brand Strategery: It’s Transfarency

Posted in Articles, Branding, Marketing, Trademarks, USPTO

Earlier this month Southwest Airlines launched a brand new ad campaign called “Transfarency,” which is said to highlight the airline’s “low-fare credo and its lack of bag fees, change fees or hidden fees for passengers.” Transparency seems to be the buzz word in branding and marketing circles lately, so what better way to communicate it… Continue Reading

Rough Landing for Airbus

Posted in Branding, Idea Protection, Marketing, Patents, Social Media, USPTO

As if economy airplane seating wasn’t bad enough, Airbus recently filed a patent application for vertically stacked passenger seating.  The proposed seating arrangement is intended to make more efficient use of cabin space.  What’s better than someone’s legs pushing into the back of your chair?   Someone’s legs dangling above your head. The patent application was… Continue Reading

Ads Touting Function Shoot Down Trademark

Posted in Advertising, Almost Advice, Articles, Branding, Loss of Rights, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Trademarks, TTAB, USPTO

This isn’t the first time we’ve written about brand owners who shoot themselves in the foot with their advertising. And, I’m sure it won’t be the last. As we’ve discussed before, touting the function of a product design feature can kill any hope of owning non-traditional trademark protection in that feature. The latest example from… Continue Reading

When Brands Get Personal, Do They Lose Their Identity?

Posted in Advertising, Branding, Famous Marks, Marketing, Non-Traditional Trademarks, Product Packaging, Trademarks

Marketing has always been an exercise in getting consumers to make a connection with a brand.  As our friend Seth Godin once said “Marketing is no longer about the stuff that you make, but the story that you tell.”   With the widespread use of social media like Twitter, Facebook, and Instagram, those stories are… Continue Reading

Fallout for the “Made in Germany” Brand

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

The “Made in Germany” brand has undoubtedly taken a hit in the past few weeks. The brand, along with the phrases “German engineering”, “German engineered”, etc. have made their way into just about every advertisement for goods coming from German companies. Volkswagen made the theme part of its advertising campaign, perhaps more than any other… Continue Reading

Apple and The World’s Most Public Privacy Policy

Posted in Advertising, Branding, Contracts, Marketing, Search Engines, Technology, Trademarks

It bears mentioning when one of the world’s most famous brands releases one of the world’s most prominent and readable privacy policies. That’s just what Apple did this week, and the message to other brands is clear – privacy policies can be a massive marketing opportunity, not just an obscure legal nuisance. Every business that… Continue Reading

Easy Registration Refusal, See Park ‘N Fly

Posted in Articles, Branding, Infringement, Marketing, Trademarks, USPTO

Trademark types know all about Park ‘N Fly, whether they travel or not. That’s because it is more than a nearly fifty year old airport parking and travel service brand and federally-registered service mark, it is short-hand for a famous U.S. Supreme Court trademark case from 1985. In that decision, the Supreme Court recognized the… Continue Reading

“Feel the Bern” and Other Questionable Campaign Slogans

Posted in Advertising, Branding, Guest Bloggers, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts

– Laurel Sutton, Senior Strategist & Linguist at Catchword Brand Name Development As Americans are all aware, the presidential campaigns are in full swing, more than a year before the actual election. (There are also holiday decorations for sale in Costco, months before the holiday season. We just can’t wait for some things, I guess.)… Continue Reading