DuetsBlog Collaborations in Creativity & the Law

Category Archives: Branding

Subscribe to Branding RSS Feed

Worthwhile Uncomfortable Conversations

Posted in Agreements, Articles, Branding, Contracts, Copyrights, Law Suits, Marketing, Trademarks

Seth Godin wrote this past weekend about joint ownership of creations: “Before you create intellectual property (a book, a song, a patent, the words on a website, a design) with someone else, agree in writing about who owns what, who can exploit it, what happens to the earnings, who can control its destiny.” We couldn’t… Continue Reading

The Olympic Branding Blackout

Posted in Advertising, Branding

Has there been a more constant presence at the Rio Olympics than #brands? I saw it everywhere, from the Polo-branded opening ceremony garb (met with the requisite outrage) to Michael Phelps’ “MP” branded swimwear (of questionable durability). So it came as a huge surprise to learn the Olympics has a very specific rule regarding branding – “Rule… Continue Reading

Stealth Marketing: How Marketers Use Emotions To Sneak Their Messaging Past Your Brain’s Filters

Posted in Advertising, Branding, Guest Bloggers, Marketing

-Mark Prus, Principal, NameFlash Name Development When your brain uncovers new information, it says: “You Shall Not Pass!” Fans of “The Lord of The Rings” will recognize this as Gandalf’s quote (https://youtu.be/V4UfAL9f74I) or perhaps will recall its use in the “Forgetting Sarah Marshall” movie (https://youtu.be/l7Z05Fq2f58). Your brain applies this gatekeeper logic to prevent itself from… Continue Reading

Can Starbucks Tolerate Cannabis Parody?

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Fashion, FDA Approval, First Amendment, Food, Infringement, Law Suits, Marketing, Trademarks

A couple of weeks back, I captured this image from a t-shirt for sale in Starbucks’ backyard — at a shop in the Pike Place Market area of Seattle: One of the things it brought to mind for me is the dozen year long trademark dilution case that Starbucks lost, over and over, a few… Continue Reading

Zero Tolerance #USOC Trademark Overreach

Posted in Advertising, Articles, Branding, First Amendment, International, Law Suits, Marketing, Social Media, Social Networking, Technology, Trademark Bullying, Trademarks

By way of follow-up to Tim’s and David’s recent discussions about Rio2016 and related U.S. Olympic Committee trademark enforcement issues, it appears that a local Minnesota carpet cleaning business called Zerorez, is poised to press the issue of the USOC’s overreaching trademark policies by asking the federal district court in Minnesota to confirm it may… Continue Reading

The World’s Healthiest Trademark Puffery

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

Above the Law recently published a Techdirt story reporting that the USPTO denied Whole Foods‘ attempt to federally-register the laudatory trademark: “World’s Healthiest Grocery Store“. The Techdirt story incorrectly seems to suggest that the global nature of the phrase is what caused the application to be refused, since Whole Foods has not yet achieved a… Continue Reading

Rio 2016: Out Counterfeiting the Counterfeiters

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

The Rio Olympics have decided that the best way to fight counterfeiters is to beat them at their own game; counterfeit themself. That’s not entirely true. Of course, you can’t really counterfeit what you own the rights to, for one. They are still aggressively going after counterfeit products. And despite the Olympic Rings, TM symbol,… Continue Reading

A Few Bainbridge Island Brands

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

If you haven’t been, I highly recommend visiting beautiful Bainbridge Island, a short thirty minute ferry ride from Seattle, Washington: It’s not routine to find national retail store brands there, so lots of unique local brands to discover and enjoy, here’s my favorite coffee shop: And, another great one: Here’s my favorite chicken on the Island, named Crockpot,… Continue Reading

Trademark Goods/Services Limitations, Why Not Exclude Any Federal Unlawful Activities?

Posted in Almost Advice, Articles, Branding, Marketing, Trademarks, TTAB, USPTO

Those involved in the cannabis industry — where certain activities are legal in some States, but unlawful under federal law — continue to search for creative strategies and solutions in protecting their trademarks and service marks. Picking up where Tim left off last Friday, I’ve been giving some thought as to how the Herbal Access… Continue Reading

USPTO Keeps the Door Locked for Marijuana-related Services

Posted in Branding, First Amendment, Food, Trademarks

Medical marijuana is currently legal in 25 states, including four states that have also legalized recreational use (Alaska, Colorado, Oregon, and Washington). On Nov. 8, California voters will have a chance to make their state the next to legalize recreational use. As a dollar amount, Forbes estimated that Colorado’s marijuana industry was worth $1 billion…. Continue Reading

No Budding in Line Washington Redskins

Posted in Branding, Famous Marks, Marketing, Mixed Bag of Nuts, Trademarks

In a case with special significance to our DuetsBlog crew (our founder Steve Baird started the fight to cancel the THE REDSKINS trademark registrations in 1992 – see more about the Harjo case here) and significant to trademark practitioners and owners alike, the federal government is asking the United States Supreme Court to deny the… Continue Reading

KIND Taglines: About Owning Your Ad Copy?

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

First things first: Happy 4th of July, Dear Readers! That was a pretty honest, simple, genuine, transparent, straightforward, to the point, not belaboring at all, under any circumstances, my most sincere wishes to our dear readers, agree? Now contrast the original well wishes with the elaborate description of them, the latter being anything but short… Continue Reading

Should a Brand Change Its Name for a Little While?

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

–Debbie Laskey, MBA In May, Anheuser-Busch made news when it announced that it would change the name of its most famous brand from Budweiser to America. So, from late-May to November, in every liquor store, convenience store, gas station kiosk, discount warehouse, and supermarket, people will be saying something strange: “I’ll take a six-pack of… Continue Reading

A Lesson In Reusing Historic Brand Names #TBT

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

-Mark Prus, Principal, NameFlash Name Development The music streaming service Rhapsody just announced that they are rebranding themselves as Napster, a brand they acquired in 2011. Is bringing back this historic brand name a good idea? Let me go on record as saying I’m a huge fan of leveraging existing brand equity in historic brand… Continue Reading

Look-For Advertising Sans the Clunky Words

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

We’ve written before on the subject of non-traditional trademarks and how look-for advertising can be quite helpful in not only educating consumers that a color or other design feature should stand out in their mind as performing the helpful role of a trademark, but in convincing the USPTO too. Earlier this month the USPTO granted… Continue Reading

Caribou v Blue Caribou : Doing things right the first time.

Posted in Branding, Guest Bloggers, Infringement, Trademarks, USPTO

—Aaron Keller, Managing Principal at Capsule The world of lean startup and agile product development are interweaving methods that work in digital, but may not make sense for the physical world. For instance, if you had launched Blue Caribou (small cafe in Michigan) and got a letter from Caribou in Minnesota claiming you are infringing… Continue Reading

What Black Mamba, Make America Great Again, and Netflix Fast all have in common

Posted in Advertising, Branding, Fashion, Marketing, Patents, Trademarks, USPTO

– Jason Voiovich, Chief Customer Officer, Logic PD It’s not a new reality show. Let’s take that off the table straight away. That said, one could be forgiven this year (of all years) for imagining a scenario in which retired basketball great Kobe Bryant teamed up with not-so-retired real estate sort-of great Donald Trump to… Continue Reading