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Category Archives: Branding

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Top Ten Questions About Rapala Minnocchio

Posted in Advertising, Articles, Branding, False Advertising, Marketing, Squirrelly Thoughts, Trademarks

In typical DuetsBlog tradition, here is Rapala’s 2015 billboard for the fishing opener, albeit a few weeks late: I’ll have to admit, I like the telescoped Minnocchio word, and the consistent graphic display from past years, but my head is feeling pretty wooden at the moment, so I need your help, because I’m totally stumped… Continue Reading

Subway Drops Footlong TM from Advertising

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

The last time I was at the airport I snapped this photo showing how Subway finally appears to have dropped its use of the TM symbol in association with the word FOOTLONG: As you will recall, Subway had attempted to federally-register the word FOOTLONG as a trademark for hotdog sandwiches, but Sheetz’ trademark challenge on… Continue Reading

An appetite for the unexpected: Bay Area Restaurant Names

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

- Laurel Sutton, Senior Strategist at Catchword Brand Name Development When the San Francisco Chronicle’s “Top 100 Bay Area Restaurants 2015” guide arrived today, I started paging through eagerly. But not to see if my favorite spot made the list, or even to see if I’d eaten at any of the top 100, as most… Continue Reading

Trademark vs. Copyright: Avoid the HAVOC

Posted in Advertising, Articles, Branding, Copyrights, Famous Marks, Idea Protection, Infringement, Television, Trademarks

I’ve come across yet another college-hoops related trademark dispute — but what’s even more interesting is the way the AP covered the story. It’s a reminder that we IP lawyers can and must dispel any public confusion between the different forms of intellectual property. Shaka Smart, the longtime basketball head coach at Virginia Commonwealth University,… Continue Reading

Trademark a feeling.

Posted in Branding, Guest Bloggers, Mixed Bag of Nuts, Non-Traditional Trademarks, Sight, Smell, Sound, Taste, Touch, Trademarks

–Aaron Keller, Managing Principal, Capsule How fast are you getting at typing with your thumbs? My high school typing instructor would be so proud of my advancements. I’d say 60 words a minute if I am humming along with an idea of what to write. Not bad, proud to say I am writing this post… Continue Reading

YourBrand.sucks — Unless You Act Now!

Posted in Advertising, Branding, Domain Names, Marketing, Squirrelly Thoughts, Trademarks

As the INTA Annual Meeting winds down, one memory for me that certainly stuck out was an on-site ad campaign revolving around the new “.sucks” top-level domain (“TLD”). Depending on whom you ask, it’s either ingenious or diabolical. Just outside the San Diego Convention Center, the throngs of orange lanyard-wearing conference attendees were greeted by… Continue Reading

Remember the Alamo® but Don’t Forget the License.

Posted in Articles, Branding, Fair Use, Famous Marks, Infringement, Law Suits, Trademarks

With hard pressed economic times, state and local governments have turned to new sources of revenue: intellectual property licensing. The City of New York has been in the game for decades, licensing use of its the I ♥ NY symbol. San Francisco enforces its rights in the image of its BART transit pass. And Portland is… Continue Reading

Imported from “Dertroit”

Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Fashion, Infringement, Marketing, Social Media, Social Networking

Readers of the blog know the dangers of selling unlicensed apparel and the oft-litigious stance of Major League Baseball when it comes to defending its marks.  But a recent viral t-shirt phenomenon may just be one time the MLB should call off the dogs — or the “BEISBOLCATS,” as it were. The story begins with Dee’s Barber Shop,… Continue Reading

Really, Seriously? Frat boys, Go Home to Mommy (Patagonia Sues To Shut Down ‘Fratagonia’ Line)

Posted in Branding, Dilution, Famous Marks, Fashion, Guest Bloggers, Infringement, Law Suits, Mixed Bag of Nuts, Trademarks

–Aaron Keller, Managing Principal, Capsule Unfortunately, the phrase “frat boy” or “fraternity” has been dealt another cultural blow by some less-than-impressive gents launching a ‘Fratagonia’ line of clothing. My hope is they are freshmen and just haven’t taken a semester of business law yet. But, likely there are other senior “should know better” individuals involved…. Continue Reading

More Imaginative THANN Other Soap Brands

Posted in Articles, Branding, International, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Sight, Trademarks

On a recent trip to the Washington, D.C. area, I had the opportunity to stay at the Bethesda North Marriott Hotel & Conference Center, and I’ll have to say, as a trademark type, it was difficult to avoid being drawn to their unique and engaging bath soap and packaging: In my experience, most bath soap… Continue Reading

Anyone for a Jimmy John’s Freaky Fast Delivery?

Posted in Branding, Guest Bloggers, Mixed Bag of Nuts

–Aaron Keller, Managing Principal, Capsule We appreciate brands with personality. From our studies of brands, there are way too many living in a pool of vanilla ice cream and wondering why their customers don’t engage. Brands need interesting, engaging personalities and they are most effective when coming to life within the experience. The Jimmy John’s… Continue Reading

Big Green Egg on Hunt for TM Registration

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

As it turns out, four days after Easter, the USPTO refused registration of the Big Green Egg’s claimed exclusive rights in the shape and color of its popular barbecue smoker and grill: As you will recall, we wrote about this product configuration trademark application, back in December of last year. Here are the challenges raised… Continue Reading

Lance Armstrong: Phoenix or Forever Fraud?

Posted in Branding, Goodwill, Guest Bloggers, Mixed Bag of Nuts

Randall Hull, The Br@nd Ranch® There is much to admire about Lance Armstrong. Really. Cancer survivor, founder of Livestrong, professional triathlete at age 16, successful professional cyclist, marathon runner. Yes, Lance was a very good athlete and road-racing cyclist long before he was diagnosed with cancer and after he returned to the sport prior to… Continue Reading

Coke Walks Tightrope in ZERO Branding

Posted in Articles, Branding, Food, Genericide, Infringement, Law Suits, Loss of Rights, Marketing, Trademarks, TTAB, USPTO

As you may recall, last September we wrote about Coca-Cola’s Significant Interest in Zero Marks, discussing Coca-Cola’s defense of a trademark infringement suit brought by an individual named Mirza Baig, who claimed rights in “Naturally Zero” for Canadian natural spring water, and Coca-Cola’s contrasting attempts to own and federally-register various marks containing the term ZERO… Continue Reading

Britto v. Apple: Utilizing the IP Kitchen Sink

Posted in Advertising, Articles, Branding, Copyrights, Counterfeits, Dilution, Fashion, Infringement, Marketing, Non-Traditional Trademarks, Sight, Trademarks

Can an artist’s particular style of art constitute both copyrightable expression and trade dress? Brazilian artist Romero Britto has filed suit against two artists known as “Craig & Karl” for copyright infringement — and since the artists’ work was featured by Apple, Britto has sued the company as well for trade dress infringement. Britto’s complaint, filed in the… Continue Reading

Show, Don’t Tell . . . The Preferred Approach

Posted in Advertising, Almost Advice, Articles, Branding, Genericide, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Technology, Trademarks

FUSE 2015 is off to being yet another amazing, inspiring event for brand strategy and design professionals. The keynote speaker for day one was Eric Quint, Chief Design Officer of 3M, who delivered a very interesting presentation called: “Future Forward: Beyond Design Tourism.” Little did Mr. Quint know that he set the table nicely for… Continue Reading

10 Reasons To Change Your Name

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

- Mark Prus, Principal, NameFlash I’m often asked by companies if they should change the name of a product, service or even the company itself. Here is my shortlist of 10 really good reasons to change your name: People Can’t Pronounce or Spell Your Name – Here are a few of the names chosen by… Continue Reading

The Keys are in the Design

Posted in Almost Advice, Branding, Non-Traditional Trademarks, Patents, Product Configurations, Squirrelly Thoughts

We often ask kids this question: “what do you want to be when you grow up?”  While my trajectory towards lawyering is true, my answer wasn’t always immediately “lawyer.”  I sought something that satisfied my passion for the creative, my critical eye, and my aptitude for math.  For a long time, whenever I answered that… Continue Reading

Just because you can name your meal replacement product “Soylent”, doesn’t mean you should

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

- Jason Voiovich, Vice President, Marketing, Logic PD   It’s a classic of 1970s dystopian cinema. In “Soylent Green”, Charlton Heston (yep, the very same) struggles through a horrible vision of an overpopulated future where human beings are processed into “Soylent Green” to feed the populace. (The meme-line from this entire movie comes at 1:06… Continue Reading

Bringing Down the Bauhaus for Trademarks?

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

We’ve been spilling a lot of digital ink lately on the topic of non-traditional trademark protection and how the functionality doctrine serves as an absolute bar for such protection. As you know, for some time, we’ve been stressing the importance of close collaboration between trademark and marketing types when it comes to forming public communications… Continue Reading