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Category Archives: Food

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March Madness For INNOVATION

Posted in Advertising, Branding, Food, Marketing, Trademark Bullying, Trademarks

Following a nice evening out chatting with Kevin O’Keefe, it’s time for my favorite weekend of all – the NCAA tournament. Now this post isn’t necessarily about basketball, but rather rivalries. In particular, rivalries between the state of Michigan and the state of North Carolina. Michigan v Duke, Michigan State v. North Carolina…there’s plenty of… Continue Reading

Yea or Neigh: Does “walmart.horse” Dilute the WALMART mark?

Posted in Advertising, Branding, Copyrights, Dilution, Fair Use, Famous Marks, Food, Infringement, Social Media, Squirrelly Thoughts, Trademarks

For every serious-minded, informative website out there (I submit for your consideration this august blog) there are countless others that lean more towards the absurd. The website “walmart.horse” is squarely in the latter column. But can something so lighthearted also constitute trademark infringement? According to Ars Technica, a cartoonist named Jeph Jacques (author of the… Continue Reading

Protecting Your Bacon: Patent versus Trade Secret

Posted in Almost Advice, Food, Idea Protection, Law Suits, Loss of Rights, Mixed Bag of Nuts, Patents

While, generally speaking, copyright law protects art, and trademark law protects branding, patent and trade secret laws protect information.  In deciding how to best protect proprietary information, innovators and businesses often come to a difficult patent/trade secret crossroads: do we keep this as a trade secret, or apply for a patent application?  However a company… 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

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

There’s Something About Nutella

Posted in Food, Infringement, Trademarks

First off, hello DuetsBlog! I’m delighted to join Steve and the rest of the team here, and I hope I can add to the excellent content that authors past and present have brought to the site. I’ll start my post with a statement that’s obvious to all trademark lawyers: brands can be valuable assets. One… Continue Reading

Would You Feel Friendly Toward Freddy?

Posted in Articles, Branding, Food, Infringement, Marketing, Trademark Bullying, Trademarks, USPTO

As the brand manager or trademark counsel for Friendly’s, would you be friendly toward Freddy’s? I remember the Friendly’s restaurant chain when we lived in Columbia, Maryland, back in the days when I clerked for a Senior Judge on the Court of Appeals for the Federal Circuit in Washington, D.C., so at my first sighting… Continue Reading

Owning the Visual Identity of a Generic Word

Posted in Almost Advice, Articles, Branding, Food, Genericide, Infringement, Law Suits, Loss of Rights, Marketing, Trademark Bullying, Trademarks

Unless you have created a highly stylized, distinctive, graphic representation of a generic designation, perhaps something like the Miller Lite script, don’t bother trying to own or enforce it:   Most likely, you’ll end up regretting the decision to enforce, when the court of public opinion weighs in, after the social media shame-wagon flogs it… Continue Reading

Apple Turnover Trade Dress Totally Flipped

Posted in Articles, Food, Law Suits, Loss of Rights, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks, USPTO

As if we all haven’t already indulged a little too much over the holidays, we chose our first day back to write about non-traditional trademark protection for the configuration of single-serving apple pie pastries. It’s OK, don’t worry, if the Blossom pastry to the left is tempting, you always can get back on track tomorrow!… Continue Reading

A December for Configuration Trademarks?

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

Every now and then it’s worth checking in at the USPTO to see what’s cooking in the world of non-traditional product configuration trademarks: As it turns out, the Big Green Egg is seeking to be more than a word mark — two days before Christmas, a federal trademark application was filed for the product shape… Continue Reading

Bo Knows, How To Beat a Trademark Bully

Posted in Advertising, Articles, Branding, Food, Marketing, Social Media, Trademark Bullying, Trademarks, TTAB, USPTO

This Bo might not have won the Heisman Trophy, he might not have played in the NFL or MLB, he might not have enjoyed a lucrative Nike endorsement deal, and he might not have been named ESPN’s greatest athlete of all time, but this Bo — the defiant Vermonter, a/k/a Bo Muller-Moore, knows how to… Continue Reading

No IP Holes in this Crystal Head

Posted in Advertising, Articles, Branding, Food, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Product Packaging, Sight, Trademarks, USPTO

We’ve spilled a lot of digital ink here over the past several years discussing the protection of non-traditional trademarks. We’ve also written about the importance of layering various intellectual property rights (trademark, copyright, and patent) to accomplish the competitive goals of a business. And, we’ve enjoyed writing about non-traditional vodka branding here and here. Today,… 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

Mmm (Mmm, Good) Coca-Cola?

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

Love the recent holiday billboard ad for the beloved Coca-Cola brand! Having said that, whenever I see branding around the sound Mmm, for food and beverage products, even if it is only one Mmm, and not back-to-back Mmm, Mmms, I’m thinking old school: Campbell’s Soup. No wonder, Campbell’s M’M! M’M! GOOD! slogan has lasted nearly… Continue Reading

When is a Flavor/Taste Trademark Possible?

Posted in Articles, Food, Infringement, Law Suits, Non-Traditional Trademarks, Sight, Taste, Trademarks, TTAB, USPTO

Are your intellectual taste buds craving more discussion of non-traditional trademarks? It’s not every day we have the opportunity to write about a restaurant’s claimed trademark protection for the flavor or taste of certain food dishes and a restaurant’s claimed trade dress in the chef’s unique plating or visual presentation or appearance of certain food… Continue Reading

When it Feels Like “Look For” Advertising, How About a Little Follow-through?

Posted in Advertising, Almost Advice, Articles, Branding, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks

As we head into the weekend, I thought I’d leave you with a Culver’s ad that feels like “look for” advertising: We’ve spilled a lot of digital ink on the topic of how “look for” advertising greatly enhances a brand owner’s ability to federally register non-traditional trademarks. Now, if Culver’s would only follow-through and seek… Continue Reading

Coca-Cola’s Significant Interest in Zero Marks

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

Coca-Cola just announced it is introducing Coke Zero in India, which will make it the sub-brand’s 149th market in the world, a truly remarkable reach. As the popular Coke Zero brand is approaching its tenth anniversary in the U.S., it seems like a good time to explore Coca-Cola’s trademark position in COKE ZERO and COCA-COLA… 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

Honey Badger Don’t Care, but the Owner of the Trademark Rights Do Care.

Posted in Articles, Branding, Food, Infringement, Law Suits, Mixed Bag of Nuts, Social Media, Trademarks, USPTO

We truly live in an amazing time, where nearly any person with access to a computer can obtain a nearly infinite amount of knowledge, create and distribute ideas and works of art to the entire world. Also, there are lots of cat videos and angry rants. YouTube is perhaps the most well-known and effective means… Continue Reading

Will Chick-fil-A, uh Chicken Out?

Posted in Almost Advice, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Social Media, Social Networking, Trademark Bullying, Trademarks, TTAB, USPTO

Just so you know, this is not the post I planned to write today. Hat tip to you, Bo! It has been exactly one year since Bo Muller-Moore — the “Eat More Kale” guy from Vermont — submitted a comprehensive 71-page response to the registration refusal based on “Eat Mor Chikin” issued by the USPTO… Continue Reading

A Less Possessive Hershey’s Brand?

Posted in Branding, Food, Marketing, Trademarks, Truncation, USPTO

The possessive form of the Hershey’s brand dates back to at least as early as 1894, according to U.S. Reg. No. 54,041 — a more than 100 year old trademark registration from 1906. Last week, Brand New reported on Hershey’s new logo and corporate identity — without the apostrophe and letter “s” at the end: I’m guessing that the possessive form… Continue Reading

Another Real Lulu: Anatomy of an Affidavit

Posted in Articles, Branding, Food, Goodwill, Infringement, Law Suits, Marketing, Trademarks

On Tuesday of this week, we discussed the trademark infringement case filed by Lulu’s Market & Deli against Lulu’s Public House (depicted above), here is a link to a pdf of the Complaint. As you will recall, we expressed a healthy dose of skepticism about the claims being asserted by Lulu’s Market & Deli, and we predicted… Continue Reading