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Category Archives: Branding

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Med-tech is on its way home: What that means for lawyers and creatives, Part 2

Posted in Branding, Guest Bloggers, Idea Protection, Marketing, Mixed Bag of Nuts, Technology

Jason Voiovich, VP, Marketing, Analytics & Research Services, Logic PD *This is part 2 of a two-part series on the legal impact of traditional medical devices finding their way to home use. Yesterday, we looked at the broad macro trend of traditional medical technology finding its way into the hands of the average patient. Today,… Continue Reading

Med-tech is on its way home: What that means for lawyers and creatives, Part 1

Posted in Branding, Copyrights, Guest Bloggers, Idea Protection, Marketing, Patents, Technology, Trademarks

Jason Voiovich, VP, Marketing, Analytics & Research Services, Logic PD *This is part 1 of a two-part series on the impact of traditional medical devices finding their way to home use. In this post, Jason will introduce the topic and discuss implications for the four types of intellectual property. In the next post, he will… Continue Reading

Will Starbucks Be a Closer at the USPTO?

Posted in Advertising, Articles, Branding, Famous Marks, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks, USPTO

We’ll soon see whether coffee truly goes hand in hand with closers, at least in one famous brand owner’s quest for registration of a non-verbal, non-traditional color trademark at the USPTO. I’ve been noticing Starbucks focus on green straws lately, with the door signage shown below, offering a pretty creative use of “look-for advertising” without… Continue Reading

At The Corner of Trademarks and Confusion

Posted in Advertising, Branding, Food, Infringement, Marketing, Trademarks

Even in the age of the Internet, the geographic use of a trademark is an important consideration in determining whether your mark is likely to confuse consumers as to the source of your goods or services. Geographic considerations are particularly important for bars, restaurants, breweries, wineries, and distilleries – especially as they enter new markets…. Continue Reading

Trademark Grammar, Concerns, and Cliches?

Posted in Advertising, Articles, Branding, Marketing, Trademarks

The Minneapolis-St. Paul International Airport is currently running this advertisement from a local law firm highlighting its “Total Partnership” program (BTW, love the website video, linked here):Although the use of the term “trademarked” will make more than a few trademark types cringe, NLJ we know what you mean, so no worries, especially with these gems… Continue Reading

Washington’s NFL Team and U.S. Customs

Posted in Articles, Branding, Counterfeits, Loss of Rights, Marketing, Social Media, Trademarks, TTAB, USPTO

Last week the NFL franchise that plays football near — but not in — our Nation’s Capital, was dealt another significant legal and public relations blow that would have any rational brand owner working overtime on its re-branding efforts. Professor Christine Haight Farley, at American University’s Washington College of Law, summarizes the Amanda Blackhorse decision… Continue Reading

A Smörgåsbord of Standard Characters

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

Strolling around the Mall of America last weekend, I was surprised not only by the rather low weekend crowds (everyone must have retreated to their respective lake cabin) but also the brand-new store for Swedish outdoor brand Fjällräven. What with my highly-attenuated Swedish ancestry, I couldn’t help but stop in. The company’s perhaps best known for its… Continue Reading

Absolut Apologies, Comparisons, Truncations

Posted in Advertising, Articles, Branding, Fair Use, False Advertising, Food, Marketing, Trademarks, Truncation

It has been a while since a billboard campaign has caught my interest and attention, but the currently running Absolut Goes Dark ads are an exception worth noting: Isn’t it interesting — at least in this context — how the simple references to Jack, Johnnie, and Jim, draw an obvious comparison to the distilled spirits… Continue Reading

Will Your Brand Celebrate American Independence?

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

By Debbie Laskey, MBA In the United States, July is the month when we celebrate Independence, specifically on the Fourth of July. While many retail stores promote “Independence Day” sales that last more than just one day, we can all recall automobile sales advertised on TV and radio called “Independence Day Sales” but start in… Continue Reading

That Google Image Search Could Result in Trouble

Posted in Almost Advice, Branding, Copyrights, Fair Use, Marketing, Mixed Bag of Nuts, Social Media, Social Networking, Technology

One aspect commonly associated with building and maintaining a business is the company website. Establishing an online presence can be an important tool for connecting with customers. While website creation can be a delightful distraction for some and perhaps a frustrating obligation for others, platforms such as WordPress and Squarespace make it relatively simple for… Continue Reading

“Of All Time”

Posted in Branding, Marketing, Mixed Bag of Nuts, Social Media, Squirrelly Thoughts, Trademarks

Those three words are pretty bold, especially when we’ve only been around just over 6 years: “‘Of all time’ is used to make a comparison, stating that something is the best throughout the ages.” We’re pleased to report that DuetsBlog continues to be recognized as one of the top twenty-five intellectual property law blogs “of… Continue Reading

¿Por Que, JUANITO FÚTBOL?

Posted in Advertising, Branding, Fair Use, Famous Marks, Fashion, Infringement, Social Media, Trademarks, TTAB, USPTO

In the fall of 2012, an upstart freshman quarterback at Texas A&M named Johnny Manziel earned the moniker “Johnny Football” during an incredible season, leading the Aggies to a number of huge wins. Yet after three years, a Heisman Trophy, and a shaky rookie season in the NFL, Manziel has yet to secure a trademark registration for… Continue Reading

Purple-Colored Fabric Tags Attached to Remote Control Found Inherently Distinctive

Posted in Articles, Branding, Fashion, Marketing, Non-Traditional Trademarks, Sight, Technology, Touch, Trademarks, USPTO

News flash, last Friday the USPTO approved for publication a non-traditional trademark that I’ve seen in real life before. Let’s just say it is attached to one of our many remote control devices that I’ve had to dig out from under the sofa cushions more than a few times: The claimed mark consists of “the… Continue Reading

Going YARD with the VARO Brand for Batters?

Posted in Articles, Branding, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Sight, Technology, Trademarks

Time spent with my boys in Omaha at the College World Series is hard to beat. Although, last year, Father’s Day weekend was hard to beat too. And, the archives indicate five years ago was pretty wonderful as well. Basically, it’s all good. On this particular road trip, we were fortunate to score tickets to… Continue Reading

I’ll Take a Trademark, Up, With a Twist

Posted in Almost Advice, Branding, Product Packaging, Trademarks, USPTO

Indeed Brewing Company, a popular brewery here in Minneapolis and a favorite of mine, announced that they were revamping their acclaimed packaging.  A story in the Minneapolis-St. Paul Business Journal unveiled their new packaging: As a really nicely executed design, it de-clutters the look of the can while keeping the well-known artistic features and color… Continue Reading

The Top 10 IP Issues Troubling PR Pros

Posted in Articles, Branding, Copyrights

That was the substance of my talk last Friday in St. Louis at the Public Relations Society of America’s 2015 Midwest District Conference. A great conference, lots of talent in the house. One of the attendees had very high praise, remarking afterwards that it was “the best presentation on IP” she has experienced — “very… Continue Reading

Protect and Serve Your Image

Posted in Advertising, Branding

The few of you that read my posts probably know that I often use this as an opportunity to meander into observations that I find interesting from a branding perspective.  After all, as a litigator, I spend the vast majority of my day composing correspondence and briefs that dive into the finer points of law.  So when I get the… Continue Reading

Is Brewer’s BOSTON 2024 Ahead of Its Time?

Posted in Branding, Famous Marks, International, Marketing, Trademarks, USPTO

Boston Beer Corporation, makers of Samuel Adams beer, received approval for its intent-to-use trademark application for the word mark BOSTON 2024 for “beer,” which generated some news buzz in light of the city’s bid for the 2024 Olympics.  While the move was praised as a smart business strategy to grab the name before other brewers,… Continue Reading

Pepsi’s Next Generation: The Last Generation

Posted in Branding, Famous Marks, Food, Goodwill, Marketing, Social Media, Trademarks, TTAB

Back in the 1960s, Pepsi burst onto the scene by announcing to the youth of decade that they were the Pepsi Generation (they didn’t have a choice). Then, in the 1980s, Pepsi became “The Choice of a New Generation.” And finally, in the late 1990s, Pepsi hitched their trailer to the surely-to-never-go-out-of-style Spice Girls to… Continue Reading

Losing Marbles With Packaging Trademarks

Posted in Articles, Branding, Look-For Ads, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks, USPTO

Welcome to yet another edition of non-traditional trademarks, but instead of discussing brown paper bags for chips as trademarks, today we’re focusing on a U.S. trademark registration that surprisingly issued just a few weeks ago — a net bag package design for holding toy marbles: As shown above, the claimed mark “consists of the three-dimensional… Continue Reading

A Naked Attempt at Trademark Association

Posted in Branding, Guest Bloggers, Infringement, Mixed Bag of Nuts, Squirrelly Thoughts, Trademarks, TTAB, USPTO

- John Reinan, a Minneapolis journalist and recovering marketer When news broke a couple months ago that the “gentlemen’s club” Spearmint Rhino would be opening a downtown Minneapolis branch on Hennepin Avenue, I joked on Twitter that I should open a club down the street and call it Menthol Hippo. OK, so I’m not really… Continue Reading