DuetsBlog Collaborations in Creativity & the Law

Category Archives: Famous Marks

Subscribe to Famous Marks RSS Feed

Googling Doesn’t Break Google Trademark

Posted in Articles, Famous Marks, Genericide, Law Suits, Loss of Rights, Trademarks

Our friend Professor Eric Goldman, over at his Technology and Marketing Law Blog, reported earlier this week that the Google trademark has survived a genericness attack by a fellow named David Elliot. Here is a link to Mr. Elliot’s complaint filed in Arizona federal court back in May of 2012, and here was Martha’s coverage…. Continue Reading

Will Montana-Based Victory Energize Win Its “Trademark Bully” Charge Against Monster?

Posted in Articles, Branding, Dilution, Famous Marks, Food, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademark Bullying, Trademarks

Last week more allegations of “trademark bullying” appeared in the headlines. This time, Victory Energize, an energy drink company based in Missoula, Montana, is calling out Monster Energy for sending a cease and desist letter to Victory. Monster’s demand letter is said to charge Victory with infringement of Monster’s distinctive trade dress. So, what say you?… Continue Reading

(Subway) Eat Flesh, An Effective Parody?

Posted in Articles, Branding, Dilution, Famous Marks, Fashion, First Amendment, Guest Bloggers, Infringement, Law Suits, Trademarks

  This past weekend one of my sons said, “Dad, I have a good blog topic for you.” After he explained, it was clear, yes, son you do! So, he sent me the photo to the left. It is one that he recently snapped at a place that sells Halloween costumes.   As an aside, I love it… Continue Reading

How Many Hours of Energy Do You Need to Protect a Brand?

Posted in Branding, Fair Use, Famous Marks, Guest Bloggers, Infringement, Law Suits, Marketing, Mixed Bag of Nuts, Product Packaging, Sight, Trademark Bullying, Trademarks

- Draeke Weseman, Weseman Law Office, PLLC The reason Bhargava has won is that he plays tough. Sitting in that cemetery are a dozen or so neon copycats with names like 6-Hour Power and 8-Hour Energy. Each has been sued, bullied or kicked off the market by Living Essentials’ lawyers. In front of each are… Continue Reading

It’s no secret that the future of PINK for Victoria in Europe is anything but rosy

Posted in Branding, Famous Marks, Fashion, Guest Bloggers, Infringement, International, Law Suits, Loss of Rights, Mixed Bag of Nuts, Sight, Trademarks

Simon Bennett, partner and Rachel Cook, associate Fox Williams LLP Victoria’s Secret is likely to be feeling less than angelic following its recent defeat in the UK Courts. The problem? PINK.  PINK is Victoria’s Secret’s entry level brand, aimed at attracting younger customers to Victoria’s Secret, who will ultimately graduate to PINK’s more grown up… Continue Reading

Don’t Litter, Eh?

Posted in Advertising, Branding, Fair Use, Famous Marks, Trademarks

The Toronto Globe and Mail recently reported on a clever anti-littering campaign that was launched and quickly aborted in Toronto due to trademark concerns.  The premise for the campaign was to take wrappers and packaging from some well-known brands and position it to create words describing litterers–words like dipstick, dumb, lazy, lowlife, pig, etc.  While… Continue Reading

Blue 42. Set. Trademark! I mean, Hike!

Posted in Articles, Branding, Fair Use, Famous Marks, First Amendment, Goodwill, Non-Traditional Trademarks, Product Configurations, Sound, Squirrelly Thoughts, Television, Touch, Trademarks, USPTO

Can you feel it? All around the country, fields are being groomed, stenciled, and painted. Tonight, the college football season begins with Georgia State taking on Abilene Christian in what could be a preview of one of hundreds of games that most of us don’t really care about. But like so many fans around the country, I’ll… Continue Reading

Role Reversal: David Bullying Goliath?

Posted in Branding, Famous Marks, Goodwill, Infringement, Marketing, Trademark Bullying, Trademarks, TTAB

When claims of trademark infringement make the news, it is often because a billion dollar corporation is suing old man Donaldson’s tavern for trademark infringement (Although, McDonaldson’s might have been a bad choice…).  You’ve got your Ikeas, your Googles, Chick-fil-As, and your NFLs of course (not the National Forensics League, they’re cool).  David can fight back and win, but David… Continue Reading

Colors, Words, and Colours: Pink with Envy

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

It has been nearly a year since we posed the age-old question: Does this Pink Clash with My Pink? Okay, so it’s not that old of a question. In fact, most of you (readers) may not have ever considered the inquiry. I guess I should clarify, by “clash with” I mean “infringe.” By “Pink” I… Continue Reading

Believe what you want, but who will win?

Posted in Articles, Branding, Fair Use, Famous Marks, First Amendment, Goodwill, Infringement, Trademarks, USPTO

In case you were unaware, the (Men’s) World Cup happened over the last two months and is now over (the Women’s World Cup is next year, in Canada). I Believe that if you followed Team USA at all, you probably heard the infectious chant of I —— I BELIEVE ——- I BELIEVE THAT WE WILL WIN!… Continue Reading

Dethroning a Right to Register a Trademark?

Posted in Agreements, Articles, Branding, Contracts, Dilution, Famous Marks, Infringement, Marketing, Trademark Bullying, Trademarks, TTAB, USPTO

Last month, you will recall we wrote about the important difference between the right to register a trademark and the right to use a trademark, here and here. Despite the fact that in most cases, a “likelihood of confusion” test governs both determinations, the right to use and the right to register are not necessarily coextensive rights – defeating… Continue Reading

It’s ‘MERICA Weekend

Posted in Branding, Famous Marks, Trademarks, USPTO

July 4th weekend usually makes me think of three things:  the cabin, my favorite random historical facts about Presidents (did you know this?), and the Declaration of Independence.  In fact, I always encourage people on July 4th to read the Declaration of Independence, which includes one of the first usages of one of the most… Continue Reading

Update: Ikea Voids the Warranty on its Demand Letter

Posted in Articles, Branding, Fair Use, Famous Marks, First Amendment, Goodwill, Infringement, Marketing, Social Media, Trademarks

A few weeks back, we discussed IKEA’s claim of trademark infringement against the popular website, IKEAhackers.net, and the resulting online backlash. In what’s become an increasingly common result, IKEA has reportedly backed off from its demand letter: We want to clarify that we deeply regret the situation at hand with  IKEAhackers. It has of course… Continue Reading

IKEA översittare: Bully or Baloney?

Posted in Branding, Dilution, Domain Names, Fair Use, Famous Marks, First Amendment, Goodwill, Infringement, Marketing, Social Media, Trademark Bullying, Trademarks

I once spent 20 minutes trying to figure out whether I was installing a metal insert for an NYMÖ lamp upside down, or rightside up. I’m still not sure I ever installed it correctly, but it’s still working. So there. But a new IKEA översittare is getting a lot of attention on the internet, and… Continue Reading

Karl the Infringer: Parody of New Balance Sneaks Up on Lagerfeld

Posted in Branding, Dilution, Famous Marks, Fashion, Infringement, Law Suits, Marketing, Patents, Product Configurations, Squirrelly Thoughts, Trademarks

A sense of humor and a little lack of respect:  that’s what you need to make a legend survive. -Karl Lagerfeld on his “winning formula” Sometimes there is a news story that neatly weaves a bunch of DuetsBlog posts together like a Bottega Veneta shoe fabric design.  Sometimes that story comes from hard-hitting news authority… Continue Reading

Legal Marijuana: New Branding Opportunities, Same Old Infringement

Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Infringement, Law Suits, Marketing, Trademarks

Whether driven by new laws or technology, companies and individuals always push the limits of the law during the industry’s formative years. Obvious examples like Napster come to mind, as well as the more dated example of the VCR. Out in Washington and Colorado, the new booming business of legal marijuana is no different. According… Continue Reading

What’s In Your Wallet, a Cafe?

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

Since 2000, Capital One Financial — the nation’s largest direct bank – has been promoting its credit card services by asking What’s in Your Wallet? Three years later it began promoting banking and other financial services using the same iconic tagline, slogan, and question. By 2011, it had achieved so much traction that What’s in Your Wallet? was inducted into the… Continue Reading

Fair Use of GM’s Corvette Stingray?

Posted in Advertising, Articles, Branding, Contracts, Fair Use, Famous Marks, Genericide, Goodwill, Infringement, Loss of Rights, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Sight, Trademarks, USPTO

While filling up my gas tank at our local Costco last week I coudn’t resist capturing this photo of pump signage to ask our dear readers a few pointed questions: Is there any doubt that the automobile depicted in the Costco advertisement is a Corvette Stingray? If so, HiConsumption should resolve any lingering questions. How did… Continue Reading

New v. Old: Was Tesla’s Model E Blocked by the Model T?

Posted in Agreements, Branding, Famous Marks, Squirrelly Thoughts, Trademarks, USPTO

It’s a rare phenomenon in the 21st century when a US start-up car company can make commercially viable vehicles essentially from scratch, let alone one using new technology and bucking the dealership model.  Tesla’s been in the news a lot recently – fires, new lithium battery factories in the US (curiously the largest lithium deposits… Continue Reading

Anticipation . . . But, Heinz is Not Keeping Melinda’s Habanero Ketchup Waiting

Posted in Articles, Branding, Dilution, Famous Marks, Food, Infringement, Law Suits, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks

Last month Heinz, a brand “synonymous with ketchup throughout the world,” and a seller of “650 million bottles of Heinz ketchup each year,” brought a federal trademark infringement and dilution lawsuit in Texas to enforce exclusive rights in the “famous” Heinz bottle design against Melinda’s Habanero Ketchup brand. Here is the Complaint and Exhibits A, B, C,… Continue Reading

Twilight Trademark Trial Now on Horizon

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Goodwill, Infringement, Law Suits, Marketing, Trademark Bullying, Trademarks, USPTO

Another father-daughter trip to Bath & Body Works (BBW) this past weekend revealed that his and her Twilight Woods personal body care products are still available for sale: Still, because ten days ago, the federal district court in the Southern District of New York rejected BBW’s attempt to have the trademark infringement and dilution claims –… Continue Reading