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Category Archives: Branding

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Chartreuse Color Trademark on the Loose

Posted in Advertising, Articles, Branding, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Sight, Trademarks, USPTO

We’ve written a lot about single color trademarks here over the years. Weems, the owner of the Flexilla brand has unleashed its federally-registered chartreuse-colored non-traditional trademark for “compressed air hoses” against Plews for selling air hoses with a “bright florescent green color” — a color that Plews claims online “reduces chances of tripping while on… Continue Reading

Santa Goes to the Trademark Office

Posted in Advertising, Branding, Contracts, Fashion, Marketing, Social Media, Trademarks

This is Fashion Santa. Or at least it was until recently. Fashion Santa is a role that originated with model, Paul Mason and Toronto’s Yorkdale Mall in 2014. He promoted the mall and a successful charitable giving campaign. Mason continued as Fashion Santa during the 2015 holiday season, and became somewhat of a social media sensation.  But… Continue Reading

Just Wait Until the USPTO Lays Its Hands on These Single and Dual Color TM Applications

Posted in Articles, Branding, FDA Approval, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Sight, Trademarks, USPTO

              Back in 2009, we wrote about what was then Kimberly Clark’s pair of single color purple trademark registrations in connection with “gloves for medical and surgical uses” and “disposable nitrile gloves for general use,” now owned by Avent and sold under the HALYARD brand: Those registrations are still… Continue Reading

Who’s the PATRÓN Anyway?

Posted in Articles, Branding, Famous Marks, Food, Infringement, Marketing, Trademarks, USPTO

PATRÓN (meaning “boss” or “landlord” in Spanish) is a pretty famous brand name of tequila (federally-registered since 1993), and don’t forget this gem from the archives: In my experience, PATRÓN is often requested by name when ordering margaritas, so when visiting this cozy spot, I instantly wondered about the need for permission or a license: Especially… Continue Reading

“Just Say No” to Rejection of Marijuana Trademarks

Posted in Almost Advice, Branding, Trademarks

Overshadowed by that yuuuge, shocking, {insert adjective for your feelings here} win was the legalization of recreational marijuana in three more states – California, Massachusetts and Nevada – in conflict with federal law.  This comes at a time when there have been a number of successive decisions (here, here) affirming refusals of trademark rights for… Continue Reading

The v. Any

Posted in Articles, Branding, Marketing, Mixed Bag of Nuts

When it is clear that you need to take responsibility for an obvious inconvenience, it is far better to own “the” inconvenience than apologize for “any” inconvenience, bravo RBC Plaza: As legal types know full well, “any” leaves a wide open possibility of there actually being “none” — after all, “zero” is still a number…. Continue Reading

South Texas College of Law: A Rebranding Update

Posted in Branding, Infringement, Law Suits, Marketing, Trademarks

As Steve wrote about a few weeks ago, the South Texas College of Law changed its name in June to the Houston College of Law, with a newly designed brand, shown below. This rebranding effort sought to market the school’s urban location in Houston.  Since June, the school spent tens of thousands of dollars on a rebranding and marketing campaign, including… Continue Reading

Increase Recall of Your Message By…

Posted in Advertising, Almost Advice, Branding, Guest Bloggers, Look-For Ads, Marketing

-Mark Prus, Principal, NameFlash Name Development Yes, I know the title of this post is incomplete. That is what this post is all about. Marketers know that “unfinished tasks” are the most memorable. Your brain seeks “cognitive closure” and so you will remember unfinished tasks until you complete them. This effect is called the Zeigarnik effect… Continue Reading

Creative Acronyms Refused Sometimes…Or CARS

Posted in Advertising, Almost Advice, Branding, Marketing, Product Packaging, Trademarks, TTAB, USPTO

Today’s offices treat acronyms like linguistic yoga (TOTALLY). ICYMI, they’re popular also in texts, tweets, and other “thumb-talking” activities.  LOL.  SMH. Legislators are having fun with them lately too, for example the Personal Rights in Names Can Endure Act (PRINCE Act),  the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism… Continue Reading

Sonic v. Supersonic Coffee v. AKA Coffee: Bullied to a better brand?

Posted in Branding, Dilution, Famous Marks, Trademark Bullying, Trademarks, TTAB

A specialty coffee roastery in San Francisco, Supersonic Coffee, has decided to rebrand to the name AKA Coffee, as reported yesterday.  The impetus for the rebrand was an opposition at the Trademark Trial and Appeal Board (TTAB) by the national fast-food chain Sonic, against Supersonic Coffee’s trademark application for the word mark SUPERSONIC.  This trademark application (Serial No. 86382164)… Continue Reading

Sorry, Apple, Assignment of ITU Applications Isn’t MAGIC

Posted in Advertising, Branding, International

Another installment of Apple surveillance: it appears the tech giant has enlisted a shell company to file trademark applications for its newest products. Problem is, they might be stuck there. On October 27, Apple will hold a press event at its Cupertino, California headquarters, presumably to introduce new Macintosh computers. One rumored feature of the new… Continue Reading

The Key Qualities that Companies That Succeed Have in Common

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

– Jason Sprenger – President, Game Changer Communications Last month, my firm (Game Changer Communications) celebrated its four-year anniversary.  As I often do at times like that, I reflected on a lot of things about my business – successes, challenges, key milestones and more.  This particular anniversary also got me thinking about the qualities I most… Continue Reading

Houston (College of Law) Has a Problem

Posted in Agreements, Articles, Branding, Civil Procedure, Goodwill, Infringement, International, Law Suits, Loss of Rights, Marketing, Trademark Bullying, Trademarks

A trademark problem, that is, as reported by the Texas Tribune on Friday of last week. Lest you be fooled by the above reference to Houston College of Law being established in 1923, the name has only been around since June of 2016. In fact, when South Texas College of Law rebranded to Houston College… Continue Reading

Four T’s at Four: What Breweries Need to Know About Their IP Before They Consider an Exit

Posted in Almost Advice, Branding, Idea Protection, Marketing, Non-Traditional Trademarks, Taste, Trademarks

“Forties at 4” was a time-honored Friday tradition among my engineering classmates in college.  After our last class, several of them would purchase Miller (if we could find it in a 40 oz) or Old English or some other malt liquor that provided the most bang for the buck.  Cracking one open always signaled the… Continue Reading

Austin’s SXSW Festival Wins Trademark “Fight” with the Australian Labor Party

Posted in Articles, Branding, Fair Use, Famous Marks, Goodwill, Infringement, International

Austin, Texas is well-known for its food, music scene, and of course its University of Texas Longhorns. The exclamation point on Austin’s notoriety though is the annual South by Southwest (a.k.a. SXSW) festival. Since its first year in 1987, the festival has grown into one of the largest music festivals in the world and, in… Continue Reading

Nihilist Arby’s: We Have The Tweets

Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Marketing, Social Media, Trademark Bullying, Trademarks

I recently came across this new piece of merchandise available for sale online: Look familiar? Those familiar with the restaurant chain Arby’s likely think so. The shirt is a product of the parody Twitter account @nihilist_arbys, created by a former writer for The Daily Show. With occasional references to current events, Nihilist Arby’s darkly comedic tweets… Continue Reading

Supreme Court Benches Dan Snyder’s Team

Posted in Articles, Branding, First Amendment, Law Suits, Marketing, Trademarks

Last week the U.S. Supreme Court agreed to hear Mr. Simon Tam’s arguments and review the Court of Appeals for the Federal Circuit’s majority decision striking as unconstitutional Lanham Act Section 2(a)’s bar against the federal registration of disparaging matter, so it will decide the following issue, once and for all: “Whether the disparagement provision… Continue Reading

Branding Tips from 5 Awesome Apps

Posted in Branding, Guest Bloggers, Marketing, Social Media, Social Networking

–Debbie Laskey, MBA Take a look at anyone’s smartphone or tablet and you’re bound to swipe through screen after screen of applications, or more commonly known as apps. Some apps are pre-programmed into the device, such as, calendar, maps, and stocks. And, of course, there are also apps for contacts, a camera, and social networks…. Continue Reading