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Category Archives: Goodwill

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ALS Ice Bucket Challenge – The Anatomy of a Viral Phenomenon

Posted in Goodwill, Guest Bloggers, Social Media

Matt Kucharski, Executive Vice President, PadillaCRT At PadillaCRT we’ve had numerous clients and prospects – both in the for-profit and not-for-profit world – ask us about the magic that is the ALS Ice Bucket Challenge. More specifically, they want to know how they can make their cause “go viral” in the same manner. The short… 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

Think before you design. Please.

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

- Aaron Keller, Managing Principal, Capsule The proliferation of tools and tricks in Adobe Photoshop and other photography software has become abundant. This has allowed anyone and their cousin Frank to act in the role of a “designer” and design anything for clients. This has an interesting tie into something we’ve noticed over the past… Continue Reading

Unintended Cultural Confusion

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

- Mark Prus, Principal, NameFlash Recently I discovered a wonderful infographic on the different meanings of colors in various cultures. It got me thinking that people who are branding a product, service or company might be unintentionally offending some of their potential customers. In the use of colors for example, Westerners/Americans would consider grey to… Continue Reading

This Little Piggy Went to the Trademark Office…

Posted in Articles, Fair Use, Goodwill, Non-Traditional Trademarks, Sound, Trademarks, USPTO

When was the last time you thought about pigs? What do you think when you hear the word “pigs?” Or an OINK OINK noise? Or what about the angelic and oh-so-American, “SOOOOOOOOOEEEEEEEEYY!”? Well, the University of Arkansas contends that you’re probably thinking about the Arkansas Razorback sport teams. And they convinced the U.S. Patent and Trademark… Continue Reading

NONPROFIT BRAND TINTED WITH – NOT TAINTED BY – LEGAL

Posted in Branding, Goodwill, Guest Bloggers, Infringement, Mixed Bag of Nuts, Trademark Bullying, Trademarks

- Abby V. Reiner, Brand Director, Wounded Warrior Project Fine (red) Lines Nonprofits walk a fine line between wanting everyone to feel a part of the mission without allowing everyone to use its trademarks resulting in dilution or infringement of the brand. Sometimes the very well intentioned can do more harm than good. When a… 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

Apple’s Word Count for Non-Verbal Branding

Posted in Articles, Branding, Goodwill, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Sight, Technology, Trademarks, USPTO

A picture is said to say a thousand words, and ironically that is almost literally and exactly true when it comes to Apple’s focus on non-verbal icon branding. A week before the 4th of July, Apple filed these three non-verbal trademark applications: Clicking on each will take you to the detailed USPTO information for each application,… 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

ED Ads: Humor From Across the Pond

Posted in Advertising, Articles, Copyrights, Fair Use, First Amendment, Goodwill, Infringement, Law Suits, Marketing, Squirrelly Thoughts, Television

On this last day of the month, we are shedding almost all seriousness to stand at attention while examining some recent London taxi cab humor — from the perspective of Lloyds Pharmacy – about treating the affliction of erectile dysfunction (ED) with six pound pills and a healthy dose of laughs: One of the things I learned… 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

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

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

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

Seeking Forgiveness: Time to Set a Much Higher Standard

Posted in Goodwill, Guest Bloggers, Mixed Bag of Nuts

-  James E. Lukaszewski, ABC, APR, Fellow PRSA Much as I admire Dov Seidman, the founder of LRN, his recent call for an “apology ceasefire” is precisely what self-forgiving, mistake-prone, could-care-less-about-victims executives are looking for: an officially sanctioned get-off-the-hook excuse. The very things that make us recoil at some of the silly, foolish, naïve and… Continue Reading

Selling Ice to Eskimos

Posted in Advertising, Articles, Branding, Goodwill, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts, Television

It’s easy to make a sports car look good. Or a vacation on a white sand beach. But what about things that the average person hates to buy? Watch the commercial below and let’s reconvene in 90 seconds:   Yes, that’s John C. Reily narrating (of Step Brothers, Talladega Nights, and Gangs of New York… Continue Reading

The True Meaning of C [hristmas]

Posted in Branding, Dilution, Famous Marks, Goodwill, Infringement, Marketing, Squirrelly Thoughts, Trademarks, TTAB, USPTO

Yes, it has finally arrived: the end of December. Whether you’re someone who views the day as bitter sweet, dreading the day when the dirty looks from your neighbors force you to finally take down your decorations in February, or whether you were ready for it all to be the over the very moment you… Continue Reading

The Champagne of Trademark Disputes

Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Food, Genericide, Goodwill, Infringement, International, Loss of Rights, Marketing, Trademarks

Wine connoisseurs have been pairing food with their wines for  centuries (okay, I’m guessing here, but it is probably a long time), paying close attention to all of the subtleties of the flavor, hints of oak, acidity, and other features. With the explosion of craft beers in the United States, we can now do the… Continue Reading

If You Ignore Thanksgiving, Your Brand May Suffer

Posted in Goodwill, Guest Bloggers, Marketing, Mixed Bag of Nuts, Social Media, Social Networking

- Debbie Laskey, MBA Do you use Thanksgiving to thank your customers and, in the process, build your brand equity and awareness? If not, you’re missing a big opportunity. With November in full swing, don’t make the mistake of focusing only on revenue from Black Friday, Cyber Monday, and after-Christmas sales. Instead, add a component… Continue Reading

A Pair of Cheesehead Trademarks to Grate?

Posted in Articles, Branding, Goodwill, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Television, Trademarks, USPTO

As a frustrated and bored Minnesota Vikings fan, Monday Night Football last evening caught my attention with the division battle between the Green Bay Packers and the Chicago Bears. In case you missed it, the Packers lost to the Bears, despite the Packers typical home field advantage at the legendary Lambeau Field. As much as the plentiful Packers… Continue Reading

Breaking Bad News for Breaking Bad Fans

Posted in Advertising, Branding, Dilution, Fair Use, Food, Goodwill, Infringement, Marketing, Mixed Bag of Nuts, Television, Trademarks

When I was eight I had a perfect plan to create a multi-million dollar business: a company that sold pet turtle kits that came with miniature nunchucks, swords, and ninja costumes. Back then though it was more difficult to tap into Angel networks and, although great friends, my core group of investors unfortunately turned out to… Continue Reading