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Category Archives: Branding

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Likelihood of Confusion at Its Most Blatant

Posted in Advertising, Branding, Food, Squirrelly Thoughts

Imagine my surprise and amusement to find a recent shipment of wine included a very interesting red blend. The bottle featured a name that would make any trademark lawyer do a double-take: That’s LIKELIHOOD OF CONFUSION wine, 2015 vintage (a good year for consumer confusion). Of course, the wine itself invites confusion, as indicated on the… Continue Reading

Adidas v. Puma: Another three-stripe lawsuit

Posted in Branding, Famous Marks, Fashion, Infringement, Marketing

We’ve written on several occasions (for example, here, here, and here) about the aggressive policing by Adidas of its well-known “three-stripe” mark for shoes, including attempts to enforce its mark against other two-stripe or four-stripe designs (with some success). Adidas is at it again, with a new lawsuit asserting trademark infringement based on Puma’s four-stripe design for a… Continue Reading

McCarthy Institute Trademark Seminar 2017

Posted in Advertising, Articles, Branding, Copyrights, Dilution, Famous Marks, First Amendment, Marketing, Trademarks, TTAB, USPTO

One of the current challenges in trademark law addressed in Seattle last week at the Amazon Corporate Conference Center, host of the 2017 McCarthy Institute and Microsoft Corporation Symposium, is an issue we have discussed quite a bit here, namely Trademark Disparagement and the First Amendment. The panel to discuss this weighty topic included the… Continue Reading

Checking in on Sony’s “Lens-Style Camera” Application

Posted in Advertising, Branding, Non-Traditional Trademarks, Product Configurations, Trademarks

Way back in 2015, I blogged about an interesting non-traditional configuration mark application from Sony for its QX100 “Smartphone Attachable Lens-Style Camera” with the PTO. Here we are nearly two years later, and Sony’s battle continues. As expected, the USPTO has refused registration of Sony’s mark on two main fronts: the functionality of the “cylinder” configuration… Continue Reading

The Toughest Challenge in Market Communications

Posted in Advertising, Branding, Famous Marks, Guest Bloggers, Marketing, Television

–James Mahoney, Razor’s Edge Communications Two of the most important elements of communicating with target markets are to make relevant arguments and to make them memorable. Most of the time, these simple goals are difficult to meet because of the clutter of competing voices in the marketplace. Yet, there’s a third element that is at… Continue Reading

Wawa Not Gaga Over Dawa?

Posted in Almost Advice, Branding, Contracts, Dilution, Fair Use, Famous Marks, Food, Genericide, Idea Protection, Infringement, Law Suits, Look-For Ads, Marketing, Technology, Television, Trademark Bullying, Trademarks

Earlier this month, Wawa, an East Coast convenience store chain, demonstrated it is not gaga over a single location food mart (copy of complaint linked here), called Dawa: As Dawa has vowed to defend its name, will this case come down to a battle over the meanings of the marks? Do consumers really know and… Continue Reading

Patriots Granted Registrations for “Perfect Season” That Never Was

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

Regardless of which team you were rooting for, this year’s Super Bowl (a/k/a the Big Game) was an exciting one to watch, with the Patriots making a surprising comeback in the second half, racking up 31 consecutive points to overcome the Falcons 28-3 lead. A number of records were made this year, including the first overtime… Continue Reading

A Tipping Point For Super Bowl Advertisements?

Posted in Advertising, Almost Advice, Branding, Guest Bloggers, Look-For Ads, Marketing, Mixed Bag of Nuts, Product Packaging, Social Media, Television

-Mark Prus, Principal, NameFlash Name Development I was largely unimpressed with the crop of Super Bowl ads this year. It seemed to me that advertisers have chased “form over function” and have forgotten that when you spend $5 million for a 30-second ad you should probably sell some product to offset that cost. There were… Continue Reading

NASCAR Brand Gasoline at a Pump Near You?

Posted in Advertising, Articles, Branding, Contracts, Marketing, Non-Traditional Trademarks, Sight, Smell, Taste, Trademarks, USPTO

With the Strafford Publications webinar later today discussing the Lanham Trademark Act’s “Use in Commerce” requirement, with some of my favorite panelists no less, the topic has been on my mind, even when pumping gas into my rental car in Houston, Texas, this past weekend: So, what do folks think, does this photograph of a… Continue Reading

Your Favorite App-Based Ride Service?

Posted in Advertising, Articles, Branding, Loss of Rights, Marketing, Technology, Trademarks, USPTO

Before you answer the question posed in the title of this post, your initial question might be: What is an App-Based Ride Service? The Minneapolis St. Paul International Airport is using a handy sign directing passengers on where to go to access their favorite one, does that help? I’m thinking the designated area in the… Continue Reading

What’s a Peppadew?

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

We recently checked out a new restaurant in Minneapolis’ growing North Loop area, called Red Rabbit, what a great spot:   The menu cleverly refers to the salad options as “Rabbit Food” — and the Italian Chopped salad spoke to me, but one of the listed “ingredients” left me wondering “what’s a peppadew”? Not wanting… Continue Reading

It Is Not All In The Family

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

Although a precedential decision allowing a “Family of Marks” to be considered in the context of an ex parte prosecution of an application that has been refused under Section 2(e)(1) to show acquired distinctiveness, this ruling could not help Little Caesars overcome the refusal of its application for the mark “DEEP!DEEP! DISH PIZZA.” Because “Deep… Continue Reading

When Less is More

Posted in Advertising, AlphaWatch, Articles, Branding, Food, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Trademarks, Truncation

Love the simplicity and honesty of this sign, captured on vacation, in a cozy crepe spot (had to get out of my chair and walk across the dining room to read the smaller print, well worth the steps): As Seth recently noted, there can be room for improvement when it comes to making signs (we… Continue Reading

What’s in a name? Registration obtained for “Johnny Hockey”

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

Applying for a federal trademark registration for a name or nickname can be tricky business.  For example, the registration of a mark is prohibited if it is “primarily merely a surname,” meaning that the primary significance of the mark to the public is a surname (such as “Johnson”), unless there is a showing of acquired distinctiveness. See TMEP §§ 1211, 1211.01-.02.  By… Continue Reading

Second Circuit Agrees: Louis Vuitton Can’t Take a Joke

Posted in Branding, Copyrights, Dilution, Fair Use, Famous Marks, Fashion, First Amendment, Infringement, Law Suits, Trademark Bullying

If you’re still looking for holiday gift for that special someone, the Second Circuit has your back. Fresh off the docket, the Second Circuit gave its blessing to My Other Bag’s line of parody canvas tote bags. For additional background, you can read our discussion of the District Court’s grant of summary judgment to the… Continue Reading

The Vegas Golden Knights – Trademark Denied

Posted in Branding, Marketing, Trademarks, USPTO

Another update for you on the new Las Vegas NHL team. In my previous posts on this interesting saga (here and here), I discussed the team’s unique marketing and trademark strategy leading up to the announcement last month of the team’s name–the Vegas Golden Knights–particularly the secrecy of the name among three options (Silver Knights, Desert Knights, or Golden… Continue Reading

Donald Trump is on to Something

Posted in Advertising, Almost Advice, Branding, Copyrights, Dilution, Infringement, Law Suits, Marketing, Social Media, Trademarks

Some credit Donald Trump’s win to his savvy social media presence, including tweeting.  He reached millions of voters and caught the nation’s attention with his tweets.  The courts are now recognizing this phenomenon. In a recent trademark dispute between a DJ and a rapper over the trademark “LOGIC,” the Sixth Circuit recently criticized a district… Continue Reading

The End of Bland Names?

Posted in Advertising, Almost Advice, Branding, Guest Bloggers, Marketing, Trademarks

-Mark Prus, Principal, NameFlash Name Development Publicis Groupe, the holding company of worldwide marketing agencies, has been restructuring over the past year. In March they announced a major restructuring of their media arm Publicis Media that broke apart longtime media agency ZenithOptimedia. Zenith now operates as a standalone agency, while Optimedia joined forces with Blue… Continue Reading

A Trademark Use in Commerce Story: Bonobos Buzz and a Two for One Specimen?

Posted in Advertising, Articles, Branding, Fashion, Marketing, Sight, Trademarks, USPTO

There are at least two kinds of buzz converging at the moment (perhaps three), especially for fashion forward and fit oriented trademark types here in Minneapolis. On the one hand, with the holidays upon us it’s hard to avoid the barrage of billboard ads in the Minneapolis skyway promoting the first brick and mortar entry… Continue Reading

Jager Fears the Deer: Brand Refresh Turns Into Battle

Posted in Almost Advice, Branding, Famous Marks, Trademarks, TTAB

The word “Jägermeister” conjures up memories (or maybe lapses in memory) for many.  I have only had the German liqueur in the beautiful blue-collar town of Milwaukee, WI – home of my college alma mater.  While you would never catch me ordering the liqueur, I was fascinated by the cool and well-lit dispensing machine behind… Continue Reading