DuetsBlog Collaborations in Creativity & the Law

Category Archives: Guest Bloggers

Subscribe to Guest Bloggers RSS Feed

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

©opyright ©onfetti

Posted in Copyrights, Guest Bloggers

- James Mahoney, Razor’s Edge Communications This past summer, The Hollywood Reporter wrote about the challenge to the copyright of the Happy Birthday tune (and the lucrative licensing revenue that it enables). That reminded me of another copyright question that I’ve wondered about. Awhile ago, I bought a box of greeting cards featuring vintage travel… Continue Reading

Does the United States Patent and Trademark Office Perpetuate Sexism in Branding?

Posted in Advertising, Branding, First Amendment, Guest Bloggers, Marketing, Mixed Bag of Nuts, Trademarks, TTAB, USPTO

- Draeke Weseman, Weseman Law Office, PLLC Now the dilemma…what to name the place. Simple. What else brings a gleam to men’s eyes everywhere besides beer, chicken wings and an occasional winning football season? Hence the name Hooters. Supposedly they were into owls. Strange. — Hooters  This NFL season, civil rights advocates continue to make… Continue Reading

Does Your Business Have a Chief Branding Officer?

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

- Debbie Laskey, MBA Who owns the brand in your business? If your business is top heavy with numerous members in the C-Suite, this may be a difficult question to answer if you don’t have a Chief Marketing Officer. Your Chief Sales Officer may claim ownership, or your Chief Information Officer may claim ownership. Perhaps,… Continue Reading

How would a corporation run a country?

Posted in Advertising, Guest Bloggers, Mixed Bag of Nuts, Search Engines, Technology

- Aaron Keller, Managing Principal, Capsule In a recent meeting, someone dropped a forecast on the table stating that Google was on track, in five years, to become the world’s first trillion dollar company (currently they are $382 B). This is built on a virtual monopoly in the area of online advertising and now growing… Continue Reading

Would Benefit Corporations Benefit from Some Trademark Clarity?

Posted in Genericide, Goodwill, Guest Bloggers, Mixed Bag of Nuts, Non-Traditional Trademarks, Trademarks, Truncation

- Draeke Weseman, Weseman Law Office, PLLC A benefit corporation is the term used when a company is created under corporate law and should not be confused with a “B Corp,” which refers to a company that is certified by B Lab to meet specific standards for social and environmental performance. Why Consider a Benefit… Continue Reading

Personal Brand: Beware of what Facebook is doing

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

- Aaron Keller, Managing Principal, Capsule There was a time, back in the day, when you could just “Google” yourself and that was the best way to assess the value of your personal brand. Simple quantifiable way to see how many mentions you had on Google’s interwebs (the reference is intentional). And, you could dig… 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

It’s no secret that the future of PINK for Victoria in Europe is anything but rosy

Posted in Branding, Famous Marks, Fashion, Guest Bloggers, Infringement, International, Law Suits, Loss of Rights, Mixed Bag of Nuts, Sight, Trademarks

Simon Bennett, partner and Rachel Cook, associate Fox Williams LLP Victoria’s Secret is likely to be feeling less than angelic following its recent defeat in the UK Courts. The problem? PINK.  PINK is Victoria’s Secret’s entry level brand, aimed at attracting younger customers to Victoria’s Secret, who will ultimately graduate to PINK’s more grown up… Continue Reading

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

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

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

Fly the Tasty Skies

Posted in Branding, Fashion, Guest Bloggers, Marketing, Mixed Bag of Nuts, Trademarks

- Nancy Friedman, Wordworking In mid-June JetBlue, which since its first flights in 2000 had been a single-class “value” airline, introduced its version of first-class service. To signal this departure—forgive the pun—it didn’t give the service a category name such as JetBlue Business. Nor did it follow its own naming conventions and build on the… Continue Reading

Sugarpova: Does it taste as weird as it sounds?

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

- Laurel Sutton, Senior Strategist at Catchword Brand Name Development Wimbledon is winding down and fifth-seeded Maria Sharapova has been eliminated from the competition, dashing her hopes for a combined 10th anniversary and second Wimbledon championship. But Sharapova, despite her long career as one of the top-ranked stars in women’s tennis, has been getting more… Continue Reading

Is it Roomba or is it Rosie? A New World of Co-Created Identity

Posted in Branding, Guest Bloggers, Technology, Trademarks

- Jason Voiovich, Vice President, Marketing, Logic PD 80% of owners name their Roomba. Colin Angle, CEO of iRobot (the maker of said autonomous vacuum cleaners) dropped this unexpected bomb during an interview with Celeste Biever from New Scientist.  The subhead of the article asks the obvious question (why do consumers name inanimate objects) without really answering it… Continue Reading