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Category Archives: Famous Marks

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Thoughts on the New Mitchell|Hamline Law School

Posted in Branding, Famous Marks, Guest Bloggers, Mixed Bag of Nuts, Trademarks

- Draeke Weseman, Weseman Law Office, PLLC Naming is a tricky business with important marketing and trademark considerations.  Recently, two Minnesota law schools, William Mitchell College of Law and Hamline Law School, took up this daunting task when they decided to merge into Mitchell|Hamline. On February 13, 2015, William Mitchell Dean Eric Janus announced the… Continue Reading

All-Star Tips To Avoid Infringement Litigation

Posted in Agreements, Branding, Counterfeits, Famous Marks, Fashion, Infringement, International, Trademarks, USPTO

Shoes are always in the news. From a fashion standpoint, Nike has made headlines this week, with a re-release of the Classic Cortez running shoe (aka, the Forrest Gump shoe) along with the second edition of the LeBronald Palmer.  And yes, the LeBronald Palmer is exactly what it sounds like, LeBron James creating a shoe… Continue Reading

Crafting an Effective Fair Use Defense

Posted in Advertising, Dilution, Fair Use, Famous Marks, Food, Infringement, Marketing, Trademarks

The beer industry is rife with trademark legal issues. We’ve discussed quite a few here, including disputes over brewery names, attempts to register as a trademark the design of a beer glass, or the longstanding issue of whether all alcoholic products are related for likelihood of confusion purposes. Because of the importance of the beer… Continue Reading

Take Down for “Chinatown”?

Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Infringement, Sight, Trademarks

Famous brand owners, take note: a Turkish artist and designer named Mehmet Gozetlik recently released “Chinatown,” a mesmerizing series of photographs in which neon lights depict famous design marks, with the word mark replaced by its generic wording in Chinese.  Is your brand one of them? The Pepsi logo, for example, has been recreated in… Continue Reading

Red Bull Strikes Again, but Is Old Ox Brewery a Matador in Disguise?

Posted in Articles, Branding, Famous Marks, Food, Infringement, Trademark Bullying, Trademarks

It’s no secret that Red Bull has a strong trademark enforcement strategy. Too strong, according to some. In its defense, IP counsel for Red Bull has stated that With a brand as famous as Red Bull you can certainly imagine the type of coat-tailing that goes on by third parties and we invest a lot… Continue Reading

Likelihood of Confusion and/or Dilution?

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Infringement, Marketing, Technology, Trademarks

Let’s suppose you’re a non-profit like the NRA, you sell stuff on your NRAstore.com, and you’d like to promote the fact that your website has over 30 product demonstration videos available that can easily be viewed online by potential consumers before they buy stuff from you. Let’s also suppose that when you sell stuff, 100%… Continue Reading

Anticipating Super Bowl L: A Branding Loser?

Posted in Advertising, Articles, Branding, Famous Marks, Infringement, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks

Now that Super Bowl XLIX is in the rear view mirror, and the New England Patriots have been duly congratulated for winning anything but a Mediocre Bowl, for those of us with no pigskin in the big game this year, it’s time to think about the possible magic of Super Bowl L. Wait what? Is… Continue Reading

Brave New World

Posted in Advertising, Famous Marks

Tiffany & Co. made some waves over the past several weeks when it featured a same sex couple in its “Will You?” engagement campaign.  Tiffany is the first “famous” brands to take this path, and they are undoubtedly hoping this campaign will pay high dividends after disappointing holiday sales. Personally, I applaud Tiffany for taking… Continue Reading

Topics of Conversation for Your College Football Playoff Party

Posted in Branding, Famous Marks, Goodwill, Guest Bloggers, Marketing, Mixed Bag of Nuts, Trademarks, TTAB, USPTO

- Draeke Weseman, Weseman Law Office, PLLC On Monday, the University of Oregon and The Ohio State University will play in college football’s first College Football Playoff championship game. DuetsBlog has previously covered the trademark issues surrounding BCS Properties’ attempt to register College Football Playoff as a trademark in connection with college football playoff games… Continue Reading

An Energized Trademark Monster?

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

Three months ago we discussed a “trademark bullying” allegation against Monster Energy, detailed in a declaratory judgment complaint filed in Montana federal district court by energy-drink competitor Victory Energize. Last week, Law360 reported the case settled on confidential terms, and the claims were dismissed with prejudice, at Victory Energize’s request, so the “trademark bullying” charge… Continue Reading

The Shiny Bright Red Holiday Star Brand(s)

Posted in Advertising, Articles, Branding, Famous Marks, Food, Goodwill, Infringement, Marketing, Non-Traditional Trademarks, Television, Trademarks

In the context of the holiday season, what comes to mind when you see a shiny bright red star? If you’re reading this post from Russia, perhaps the top of a New Year Tree is brought to mind. Of course, I have brands on my mind, and it has been hard to miss the barrage… Continue Reading

Pass the Trademarks Please.

Posted in Branding, Famous Marks, Food, Genericide, Loss of Rights, Mixed Bag of Nuts

Now that Thanksgiving is over, Americans across the country are taking some time to relax, reflect, and digest. I know I will be doing all three, after enjoying a wonderful Thanksgiving Day surrounded by family, friends, food, and, yes, trademarks. Even in the midst of one of the most significant holidays I still couldn’t quite… Continue Reading

Villainous Big Brands

Posted in Branding, Famous Marks, Guest Bloggers, Marketing, Mixed Bag of Nuts, Social Media

- Chuck Sanchez, BatesMeron Sweet Design  Comcast. Electronic Arts. AT&T. Walmart. Dell. Time Warner. Fox News. McDonald’s. Chances are, at least one of those company names kind of pissed you off just now. Despite this likelihood, each of these brands is immediately recognizable due to widespread financial success in its respective industry. So must a… Continue Reading

Microsoft’s New Battle: Toads

Posted in Branding, Famous Marks, Trademarks, USPTO

It isn’t often that Forbes and Arcade Sushi are reporting on the same story. But some news is so big, so ground breaking, and so important that all media outlets cannot, in good moral consciousness, fail to comply with their duty to inform the public. Obviously, I’m talking about Microsoft’s potential reboot of the Battletoads… Continue Reading

Converse: Stomping Out Counterfeits through Int’l Trade Commission Proceedings

Posted in Articles, Counterfeits, Famous Marks, Fashion, Infringement, Law Suits, Non-Traditional Trademarks, Product Configurations, Trademarks, TTAB, USPTO

Earlier this week, Converse launched an all-out offensive to combat what it considers counterfeit and knock-off versions of its Chuck Taylor All-Star line of sneakers. Reports peg the number as at least 22 separate lawsuits against more than 30 companies, both in district court and at the International Trade Commission (the “ITC”). The defendants read… Continue Reading

Star Wars: Redefining Trademark and Copyright Law Since A Long Time Ago

Posted in Advertising, Branding, Copyrights, Famous Marks, Goodwill, Non-Traditional Trademarks, Social Media, Sound, Television, Trademarks, USPTO

The Star Wars series is truly an exceptional franchise, having broken box office records, creating legions of fans, and bringing the idea of collateral merchandise licensing to an unprecedented level. Also, how many other films are top hits at the box office in three different decades, even when all you’ve done is add a few… Continue Reading

You Can McDo It, But You Might Get McSued.

Posted in Famous Marks, Infringement, Trademarks, TTAB

Shares in McDonald’s jumped surprisingly high earlier this week, causing some to wonder whether any notable investors might be involved, possibly with inside information. Or maybe it was somebody hoping to get an inside track on McDonald’s Monopoly game, which began yesterday (do the stock certificates come with as many peel-off game pieces as a… Continue Reading

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