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Category Archives: Famous Marks

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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

Burger With a Side of Fashion – Moschino spoofs McDonald’s

Posted in Dilution, Famous Marks, Fashion, Trademarks

You may have previously read my post about apparel companies spoofing luxury fashion brands, but in Milan, one luxury fashion brand spoofed brands perhaps a little more familiar to the average Joe or Jane. Moschino’s capsule collection, “Fast Fashion – Next Day After The Runway,” drew some criticism  for its treatment of some of these… Continue Reading

Oz The Saying Goes…

Posted in Branding, Copyrights, Dilution, Fair Use, Famous Marks, Goodwill, Loss of Rights, Television, Trademarks, TTAB, USPTO

There’s no place like home. Just be careful where and how you say it. It is common knowledge among lawyers that copyright protection does not normally extend to titles, words, or short phrases. Movies, politicians, and our family and friends constantly quote books, movies, and famous politicians, actors, and others. From a trademark perspective, we see famous quotes… Continue Reading

PAPER in a Digital Age

Posted in Almost Advice, Branding, Dilution, Famous Marks, Social Media, Social Networking, Trademark Bullying, Trademarks

On the cusp of its 10 year anniversary, Facebook announced the “Facebook Paper” app – a combination of social networking and content feed that seems strikingly similar to one of my favorite apps Flipboard, with some of the Facebook features included in the app.  While there may be a patent dispute on the horizon there,… Continue Reading

Is Tiffany Generic?

Posted in Branding, Counterfeits, Dilution, False Advertising, Famous Marks, Genericide, Law Suits, Sight, Trademarks

Genericide kills trademark rights.  It has been alleged that “Tiffany setting,” encompassing the famous TIFFANY mark owned by Tiffany and Company (“Tiffany”), is merely a generic term for a type of engagement ring. You may recall my DuetsBlog post regarding the lawsuit that Tiffany filed on Valentine’s Day against Costco Wholesale Corporation (“Costco”) to protect… Continue Reading