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Category Archives: Food

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All for Saving the Original Minnesota State Fair Curds, Say Aye, Better Yet . . . #s and @s

Posted in Advertising, Agreements, Articles, Branding, Contracts, Food, Marketing, Social Media, Trademarks

When Aaron Keller of Capsule deeply cares about an issue (in a deeply fried kind of way), it’s hard not to stand up, pay attention, and follow instructions, especially when his picture of golden little nuggetized cheese curds are involved and the Minnesota State Fair is at stake. As you might have discerned over the… Continue Reading

Here’s to Calling the Kettle, Brand Too?

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks

The teapot read my post from last week and is not only calling the kettle black, but brand too: So, we’ll have to see whether saying it’s so makes it so, after we stir the pot a bit, of course. Like the previous Virginia Brand ham example, the chip packaging above prominently incorporates the word… Continue Reading

When is a Duck a Goose, or a Ham a Brand?

Posted in Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks, USPTO

Every once in a while, the word “brand” appearing on product packaging surprises me, because my earlier understanding of the word preceding it spells generic, not brand. Just like the above. Shopping in Whole Foods this past weekend, the above shown VIRGINIA BRAND designation called out like a neon sign from behind the glass of… Continue Reading

HAVANA CLUB: The Rum’s Back on Ice

Posted in Agreements, Branding, Counterfeits, Famous Marks, Food, Law Suits, TTAB, USPTO

Last year, I blogged about the decades-long dispute for the HAVANA CLUB trademark in the United States. Nearly ten months later, well, its spirit lives on. To briefly recap: in one corner, Empresa Cubana Exportadora, an arm of the Cuban government, owns a registration for the HAVANA CLUB trademark. In the other corner, Bacardi claims rights… Continue Reading

Likelihood of Confusion at Its Most Blatant

Posted in Advertising, Branding, Food, Squirrelly Thoughts

Imagine my surprise and amusement to find a recent shipment of wine included a very interesting red blend. The bottle featured a name that would make any trademark lawyer do a double-take: That’s LIKELIHOOD OF CONFUSION wine, 2015 vintage (a good year for consumer confusion). Of course, the wine itself invites confusion, as indicated on the… Continue Reading

Wawa Not Gaga Over Dawa?

Posted in Almost Advice, Branding, Contracts, Dilution, Fair Use, Famous Marks, Food, Genericide, Idea Protection, Infringement, Law Suits, Look-For Ads, Marketing, Technology, Television, Trademark Bullying, Trademarks

Earlier this month, Wawa, an East Coast convenience store chain, demonstrated it is not gaga over a single location food mart (copy of complaint linked here), called Dawa: As Dawa has vowed to defend its name, will this case come down to a battle over the meanings of the marks? Do consumers really know and… Continue Reading

What’s a Peppadew?

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks, USPTO

We recently checked out a new restaurant in Minneapolis’ growing North Loop area, called Red Rabbit, what a great spot:   The menu cleverly refers to the salad options as “Rabbit Food” — and the Italian Chopped salad spoke to me, but one of the listed “ingredients” left me wondering “what’s a peppadew”? Not wanting… Continue Reading

It Is Not All In The Family

Posted in Advertising, Branding, Famous Marks, Food, Marketing, Trademarks, TTAB

Although a precedential decision allowing a “Family of Marks” to be considered in the context of an ex parte prosecution of an application that has been refused under Section 2(e)(1) to show acquired distinctiveness, this ruling could not help Little Caesars overcome the refusal of its application for the mark “DEEP!DEEP! DISH PIZZA.” Because “Deep… Continue Reading

When Less is More

Posted in Advertising, AlphaWatch, Articles, Branding, Food, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Trademarks, Truncation

Love the simplicity and honesty of this sign, captured on vacation, in a cozy crepe spot (had to get out of my chair and walk across the dining room to read the smaller print, well worth the steps): As Seth recently noted, there can be room for improvement when it comes to making signs (we… Continue Reading

Who’s the PATRÓN Anyway?

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

PATRÓN (meaning “boss” or “landlord” in Spanish) is a pretty famous brand name of tequila (federally-registered since 1993), and don’t forget this gem from the archives: In my experience, PATRÓN is often requested by name when ordering margaritas, so when visiting this cozy spot, I instantly wondered about the need for permission or a license: Especially… Continue Reading

How Would You Pronounce Infringement?

Posted in Advertising, Articles, Branding, Food, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts, Trademarks

Last week, we discussed Caribou Coffee’s billboard ad referencing transparency — this week another installment from Caribou’s current Minneapolis skyway billboard campaign: That one made me think of this one, a post from a few months back about Kind nutritional bars and their Ingredients You Can See And Pronounce tagline and trademark: Marketing types, if… Continue Reading

Owning a Cup of Trademark Transparency

Posted in Advertising, Articles, Branding, Food, Goodwill, Idea Protection, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks

Seeing this Caribou Coffee skyway billboard was a good reminder to me of how much we hear about the importance of transparency in our relationships, including those with brands we love: It appears that the prevalence of society’s use of the word “transparency” may be at an all time high, where the use of “transparent”… 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

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

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

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

A Duel Over DUO Leaves Only Uno

Posted in Almost Advice, Food, Product Packaging, Trademarks, TTAB, USPTO

The never-ending battle at the Trademark Office over trademarks for beer and wine suffered another casualty last week, this time over the mark DUO.  Applicant Uinta Brewing Company filed a use-based application to register DUO for beer.  Fun fact:  the Utah-based brewery owns a trademark registration for TINDER for “beer.” Uinta Brewing uses the DUO… 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

A Faster, Sleeker Milk Jug

Posted in Food, Marketing, Non-Traditional Trademarks, Product Configurations, Taste

Another for the file of newly-registered product configuration marks: acquired distinctiveness, sold by the gallon. According to 2014 numbers released by the U.S. Department of Agriculture, Americans drink 37 percent less milk than they did in 1970. Whole milk consumption has plummeted by 78 percent during the same period. The dairy industry has spent countless millions on advertising, and… Continue Reading

For Trademark Demand Letters, Every Letter Counts

Posted in Food, Marketing, Squirrelly Thoughts, Taste, Trademark Bullying, Trademarks

It has not been a great week for oatmeal. The Quaker Oats Company (a subsidiary of food and beverage giant PepsiCo), on the heels of a recall for its Quaker Quinoa Granola Bars, has also made a rather embarrassing gaffe on the trademark enforcement front. And unfortunately, demand letters are far more difficult to recall. Evidently, an in-house trademark attorney at… Continue Reading

Another Pom Case

Posted in Advertising, False Advertising, Food

No, this one isn’t about uniforms. The Supreme Court has refused to hear POM Wonderful’s appeal of FTC findings that claims in POM’s advertising were misleading. POM’s ads claimed that its juice could help prevent heart disease, prostate cancer, and erectile dysfunction. Unsurprisingly, the FTC thought that POM should have some proof of those claims… Continue Reading

Fictitious Versus Fake Branding

Posted in Advertising, Branding, False Advertising, Food, Guest Bloggers, International, Marketing, Taste

– Mark Prus, Principal, NameFlash Creating fictitious names for products is standard practice in many industries. Creating a brand that evokes a certain image or feeling is so commonplace that most of us don’t think twice about it. Consider Genova Tonno. In the Italian language, Genova is the city of Genoa, and Tonno is tuna…. Continue Reading

When Can You Show Real Fruit on a Package?

Posted in Advertising, Articles, False Advertising, Food, Marketing, Product Packaging

The short answer is, when it’s not false or misleading about the product inside the package. This past weekend, my daughter and I found ourselves in Costco, picking up some provisions, and this bag of non-provision somehow happened to land in our shopping cart: Almost protesting, based on a prior experience with Hershy’s Brookside dark… Continue Reading