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Category Archives: Goodwill

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Houston (College of Law) Has a Problem

Posted in Agreements, Articles, Branding, Civil Procedure, Goodwill, Infringement, International, Law Suits, Loss of Rights, Marketing, Trademark Bullying, Trademarks

A trademark problem, that is, as reported by the Texas Tribune on Friday of last week. Lest you be fooled by the above reference to Houston College of Law being established in 1923, the name has only been around since June of 2016. In fact, when South Texas College of Law rebranded to Houston College… Continue Reading

Austin’s SXSW Festival Wins Trademark “Fight” with the Australian Labor Party

Posted in Articles, Branding, Fair Use, Famous Marks, Goodwill, Infringement, International

Austin, Texas is well-known for its food, music scene, and of course its University of Texas Longhorns. The exclamation point on Austin’s notoriety though is the annual South by Southwest (a.k.a. SXSW) festival. Since its first year in 1987, the festival has grown into one of the largest music festivals in the world and, in… 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

Avoiding the Seven Self-Inflicted, Destructive and Deceptive Industry (and Leadership) Behaviors that Create Victims, Critics and Often Enemies

Posted in Goodwill, Guest Bloggers, Mixed Bag of Nuts

— James E. Lukaszewski, ABC, APR, Fellow PRSA Any organization, leadership or business decision that can involve conflict, confrontation, controversy and contention (the four ingredients of catastrophe) is by definition dangerous ground. All too often leadership planning and decision making tends to ignore, minimize, even discredit the power of these emotional circumstances. Think again. Whenever… Continue Reading

Does a Commodity Ever Need to Apologize?

Posted in AlphaWatch, Articles, Branding, Genericide, Goodwill, Loss of Rights, Marketing, Mixed Bag of Nuts, Trademarks

On this welcome Labor Day, a few different thoughts converged for me, so please allow me to answer my own question in the title of this post, starting by explaining the below photo: After repeated diversions from a particular moving stairway a/k/a escalator to the far less convenient elevators in an unnamed downtown Minneapolis office… Continue Reading

America’s Most Watered-Down Beer (Name)?

Posted in Advertising, Articles, Branding, Goodwill, Loss of Rights, Marketing, Social Media, Trademarks, USPTO

Last week the Twittersphere was chirping loudly and negatively in response to reports that Belgian-owned Inbev would be replacing the Budweiser brand name with “America” on beer cans, as shown above. No bow-tie can shape in this campaign, but the logo is to be on the can’s back. Headlines like these, suggesting a permanent change… Continue Reading

Energizer Bunny to Drain Duracell’s Battery?

Posted in Advertising, Agreements, Articles, Branding, Contracts, Dilution, Famous Marks, Goodwill, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Trademarks

When I first heard last week about a trademark infringement lawsuit between Energizer and Duracell over pink bunny icons, my first thought was, Duracell is The Copper Top battery brand, what would motivate Duracell and how could Duracell possibly believe it had the legal right to use a pink bunny character in advertising and on… Continue Reading

Another Cliche Color Trademark Calamity?

Posted in Advertising, Articles, Branding, Fashion, Goodwill, Infringement, International, Law Suits, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Technology, Trademark Bullying, Trademarks, USPTO

Techdirt is crying foul (again) and this time, wrapping the “trademark bully” mantle around the magenta-colored neck of the T-Mobile brand for enforcing its color trademark against OXY. While I certainly don’t have the details of the dispute (and it appears Techdirt doesn’t either), and OXY hasn’t produced the actual demand correspondence, given the distinctiveness… Continue Reading

On Valuing Cherubs, Cuties, and Halos

Posted in Articles, Branding, Food, Goodwill, Marketing, Mixed Bag of Nuts, Trademarks

Picking up where we left off yesterday discussing brand valuation, I’ve recently taken great interest in the branding of fresh fruits and vegetables — they seem to be the ultimate commodity, a perfectly ripe environment for branding, don’t you think? When I grew up, the only branding I recall of fresh fruits was for Chiquita… Continue Reading

It’s Not Delivery, It’s Infringement.

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

We’re not talking pizza, we’re talking burgers. Not just any burgers, either, we’re talking In-N-Out burgers. As any California transplant will tell you, no other burger from any other restaurant comes close. In-N-Out has more than just burgers; it also has French fries, shakes, and drinks. They also have a drive-thru if you don’t want… Continue Reading

Yosemite: The Park, the Name, and the Lawsuit

Posted in Contracts, Fair Use, Goodwill, Infringement, Loss of Rights, Trademarks

Tunnel View – Photo by David Iliff. License: CC-BY-SA 3.0 As the saying goes, possession is nine-tenths of the law. That other tenth can be pretty complicated, depending on what you’re “possessing.”   When you’re arguing with an older brother over who “possesses” the remote control, it’s an open and shut case. But what about “possession”… Continue Reading

Pepsi’s Next Generation: The Last Generation

Posted in Branding, Famous Marks, Food, Goodwill, Marketing, Social Media, Trademarks, TTAB

Back in the 1960s, Pepsi burst onto the scene by announcing to the youth of decade that they were the Pepsi Generation (they didn’t have a choice). Then, in the 1980s, Pepsi became “The Choice of a New Generation.” And finally, in the late 1990s, Pepsi hitched their trailer to the surely-to-never-go-out-of-style Spice Girls to… Continue Reading

Resonance and the Hierarchy of Brands

Posted in Branding, Goodwill, Guest Bloggers, Marketing, Mixed Bag of Nuts

– James Mahoney, Razor’s Edge Communications Brands are all about resonance; specifically, resonance with the individual. As I see it, the brand inclinations of individual people fall into three categories: Each of us gives primary loyalty to brands that we feel represent “who” we are. These brands have been described as “choices for which there… Continue Reading

Lance Armstrong: Phoenix or Forever Fraud?

Posted in Branding, Goodwill, Guest Bloggers, Mixed Bag of Nuts

Randall Hull, The Br@nd Ranch® There is much to admire about Lance Armstrong. Really. Cancer survivor, founder of Livestrong, professional triathlete at age 16, successful professional cyclist, marathon runner. Yes, Lance was a very good athlete and road-racing cyclist long before he was diagnosed with cancer and after he returned to the sport prior to… Continue Reading

10 Reasons To Change Your Name

Posted in Advertising, Branding, Genericide, Goodwill, Guest Bloggers, Marketing, Mixed Bag of Nuts, Technology

– Mark Prus, Principal, NameFlash I’m often asked by companies if they should change the name of a product, service or even the company itself. Here is my shortlist of 10 really good reasons to change your name: People Can’t Pronounce or Spell Your Name – Here are a few of the names chosen by… Continue Reading

Five Marketing Secrets Your Brand Can Learn from Recent Data Breaches

Posted in Goodwill, Guest Bloggers, Marketing, Mixed Bag of Nuts, Technology

– Debbie Laskey, MBA Is your industry crowded? Does one brand overshadow the rest of the players in your industry? How can your business stand out? Here are five tips every business can learn about branding from recent data breaches. With countless stories centering on the recent Sony and Anthem data breaches in the mainstream… Continue Reading

BRANDING FOR STARTUPS

Posted in Branding, Goodwill, Guest Bloggers, Marketing, Mixed Bag of Nuts

– Mark Prus, Principal, NameFlash I’m often hired for name development by entrepreneurs who are starting a business. However, many founders take the “do-it-yourself” approach to name development. Sometimes that works for them, but all too often they make a horrible mistake that is easily preventable. My basis for this conclusion? Here are a few… Continue Reading

Rihanna ‘shines bright like a diamond’ but still no right of publicity for the UK

Posted in Fashion, Goodwill, Guest Bloggers, International, Loss of Rights, Mixed Bag of Nuts

Nicola Hill, Associate and Jude King, Trainee Solicitor, Browne Jacobson LLP This is the era of celebrity. It has become a global commercial enterprise in its own right. From launching personalised perfume ranges to being the face of fashion houses, there can be no doubt that celebs are a high value commodity. As such, every… Continue Reading