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Category Archives: Branding

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Fictitious Versus Fake Branding

Posted in Advertising, Branding, False Advertising, Food, Guest Bloggers, International, Marketing, Taste

– Mark Prus, Principal, NameFlash Creating fictitious names for products is standard practice in many industries. Creating a brand that evokes a certain image or feeling is so commonplace that most of us don’t think twice about it. Consider Genova Tonno. In the Italian language, Genova is the city of Genoa, and Tonno is tuna…. Continue Reading

ELLE Fails to Un-ring Bell, DJ Action Sticks

Posted in Agreements, Articles, Branding, Civil Procedure, Contracts, Dilution, Law Suits, Marketing, Trademark Bullying, Trademarks, TTAB

Question for the day, how common is the given name Elle? I’m really not sure, I don’t believe I’ve ever personally known anyone with that name, and Mongabay doesn’t even include Elle in its listing of girl’s first names, but it does rank Ella (210), Elena (412), Ellie (1198), Elly (2802), and Ellamae (3514) among… Continue Reading

Adblock, Generic for Ad Blocking?

Posted in Almost Advice, Branding, Genericide, Infringement, Mixed Bag of Nuts, SoapBox

AdBlock Plus doesn’t seem to think so. Though they apparently also do think so (more on that below). Adblock Plus was successful in registering the ADBLOCK PLUS mark. Now they’re using that registration to issue take down notices to people using Adblock in their name. That left me scratching my head. It all sounds rather… Continue Reading

The USPTO Says “Yes” But the TTB Says “No” To LSD

Posted in Almost Advice, Branding, First Amendment, Idea Protection, Marketing, Product Packaging, Trademarks, USPTO

Government approval of commercial speech has been a hot topic of discussion by trademark nerds here and elsewhere in light of recent decisions regarding the Redskins and The Slants marks.  As those decisions proceed up through the appeal channels to the Supreme Court, attention has been drawn to whether or not a trademark registration certificate… Continue Reading

Mine?

Posted in Branding, Copyrights, Fair Use, Law Suits, Technology

Recent developments have brought to the forefront the ongoing debate about what rights, if any, gamers should have or own in their online personas or in the contributions that they make to games through their gameplay contributions (i.e. is the participation by the player an act of “authorship”)? On April 7, 2016, Mike Futter at Game Informer reported that Blizzard… Continue Reading

Hope Springs Eternal – Even for Baseball Trademark Disputes

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

Across the United States this week, fans rejoiced as baseball returned. Teams took to the diamond and played the first games to count since last year’s World Series. Players, coaches, and fans all turned the page on last season, starting with a clean slate and an undefeated record. But while the players battled on baseball… Continue Reading

Is BETTER BURGER a Done Deal for Chipotle?

Posted in Advertising, Articles, Branding, Food, Idea Protection, Marketing, Squirrelly Thoughts, Trademarks, USPTO

When it comes to a big company’s trademark filings, the publicly available and freely searchable Trademark Office database can provide great fodder for the media. But don’t believe everything you read: an intent-to-use trademark application is far from gospel. Chipotle Mexican Grill, Inc. stoked the flames of speculation with an application for the mark BETTER BURGER earlier… Continue Reading

Namey McNamerson: What Happens When You Crowdsource Names

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

-Laurel Sutton Senior Strategist & Linguist at Catchword Brand Name Development If I was in charge of naming scientific research vessels, they’d all get names like Boaty McBoatface. This, in case you hadn’t heard, is the leading candidate in a crowdsourced effort to name the U.K. Natural Environment Research Council’s new polar research ship.  Fans… Continue Reading

March Isn’t Just for Madness, It’s For CRAFTNESS

Posted in Articles, Branding, Food, Marketing, USPTO

Here’s hoping your 2016 brackets did better than mine last week, but this has been quite a crazy and exciting tournament thus far.  As a Marquette fan, the Indiana–Notre Dame–Wisconsin area of the bracket has been quite disheartening.  And the buzzer beaters galore this tournament have left many faces looking somewhat like Indiana coach (and… Continue Reading

The March Madness Road Trip Returns

Posted in Advertising, Branding, Marketing, Mixed Bag of Nuts, SoapBox, Squirrelly Thoughts, Television

It’s that wonderful time of year again, March Madness! When families, friends, and coworkers all get together to casually gamble and all throw $10 into a pool. When 12’s beat 5’s and mess up your bracket. When you lose one game and are sent packing. The few weeks when “Cinderella” is uttered most throughout the… Continue Reading

Scandalous and Disparaging Marks: The Race to the Trademark Office Is On

Posted in Advertising, Branding, Idea Protection, Infringement, Loss of Rights, Non-Traditional Trademarks, Squirrelly Thoughts, Television, Trademarks, TTAB, USPTO

Owners of scandalous, immoral, or disparaging marks are on notice: now is the time to place your $275 bet with the USPTO. And soon, the Trademark Office database may be “NSFW.” Last Thursday, the USPTO issued Examination Guide 01-16 to address the impact of recent federal court decisions on Section 2(a) of the Trademark Act. That section prohibits registration of… Continue Reading

Shape Marks: Coca-Cola Fails to Find Secret Ingredient

Posted in Advertising, Branding, Guest Bloggers, Law Suits, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Sight, Trademarks

–Dave Holt, Solicitor & Alex Watt, Partner, Browne Jacobson LLP In the European Union, Coca-Cola has recently followed in the stumbling footsteps of fellow global super-brand Nestlé, falling at the final hurdle in its attempt to register the three-dimensional shape of its iconic ‘Coke bottle’ in classes 6, 21 and 32. You can read the… Continue Reading

On Protecting “My Pillow” as Your Trademark: They Say, When You Make Your Bed, You Might Just End Up Sleeping in It

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

We had some great questions from the audience during the Mastering U.S. Trademark Registration Practice seminar in Minneapolis a few weeks ago. During the session on genericness, someone asked about MyPillow, expressing amazement that it could be federally-registered. Having now seen the MyPillow television advertisement probably a dozen times since then, I’ve finally gotten around… Continue Reading

B2B Companies Are Fun and Interesting Too!

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

– Jason Sprenger – President, Game Changer Communications Throughout my career, I’ve noticed that there’s a prevailing theory among the masses in my industry, and I’m sure it’s probably true of other professional service industries (law included) as well.  People seem to think that working with B2C companies is way more fun and interesting than working for… Continue Reading

Yes, No, and the Ever Confusing Maybe . . .

Posted in Articles, Branding, Genericide, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, SoapBox, Squirrelly Thoughts, Trademarks

Yes and no are at opposite ends of the spectrum. North Pole, South Pole. Night and day. Win, loss. Black, white. Available, unavailable. Protectable, unprotectable. Infringing, non-infringing. They represent a binary proposition, like a traditional light switch with two settings: on and off. My daughter loves the yes end of the spectrum; no, not so… Continue Reading

Primarily Merely a Drumpf

Posted in Branding, Social Media, Social Networking, Television, Trademarks, USPTO

This presidential election cycle has been nothing if not entertaining.  Mr. Trump has been a particular favorite among late night T.V. hosts. In one particular 20-minute monologue, Last Week Tonight host John Oliver berated the Donald, and in doing so, brought to light a historical quirk of the Trump name.  It would seem that the… Continue Reading

Consent or Not, No Trademark Registration for Brewer’s TIME TRAVELER BLONDE Mark

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

When an application has been refused registration in view of another’s prior filed mark, one way to resolve the issue is through a consent agreement wherein the registrant consents to the registration and the parties set out the reasons why the parties believe that there is no likelihood of consumer confusion between the marks.  A… Continue Reading

Blink Versus Think – Which Branding Approach Is Better?

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

– Mark Prus, Principal, NameFlash Sometimes a company will choose a “Blink” name for its product or service. Blink names are simple, straightforward and usually descriptive of what the product is or does. For example, you don’t have to think a lot about the name Zyliss gave their food chopper: Easy Chop, which pretty much… Continue Reading