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Category Archives: Guest Bloggers

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Do EU principles of free movement trump trade mark rights or vice versa?

Posted in Branding, Fair Use, Guest Bloggers, Infringement, Law Suits, Marketing, Mixed Bag of Nuts, Patents, Trademarks

Lauren Millward, Solicitor, Browne Jacobson LLP In recent times trade mark law in the UK has developed to comply with the fundamental principles of the EU including the free movement of goods and services within the EU. The decision of the Court of Appeal in the UK in Speciality European Pharma Ltd v Doncaster Pharmaceuticals… Continue Reading

Behavior Patterns that Precipitate and Perpetuate Trouble (Better call your Mom)

Posted in Guest Bloggers, Mixed Bag of Nuts

-  James E. Lukaszewski, ABC, APR, Fellow PRSA Testosterosis (Petulant Arrogance): A major management and leadership mistake You have been there before, possibly many times. It’s the beginning of a hastily called meeting (maybe you called it) to discuss a looming terrible story about your organization and some of the people in it, maybe even… Continue Reading

Are Trademark Bullies Bringing Plausible Claims?

Posted in Civil Procedure, Copyrights, Fair Use, Guest Bloggers, Infringement, Law Suits, Loss of Rights, Mixed Bag of Nuts, Patents, Trademark Bullying, Trademarks

- Draeke Weseman, Weseman Law Office, PLLC Intellectual property enforcement continues to make news, and new solutions to curb abusive enforcement – i.e. trademark bullying, patent trolling, and copyright trolling – are being proposed regularly. Central to these solutions is the idea of a “fast-lane” that kicks bad claims to the curb before the bullied… Continue Reading

Med-tech is on its way home: What that means for lawyers and creatives, Part 2

Posted in Branding, Guest Bloggers, Idea Protection, Marketing, Mixed Bag of Nuts, Technology

Jason Voiovich, VP, Marketing, Analytics & Research Services, Logic PD *This is part 2 of a two-part series on the legal impact of traditional medical devices finding their way to home use. Yesterday, we looked at the broad macro trend of traditional medical technology finding its way into the hands of the average patient. Today,… Continue Reading

Med-tech is on its way home: What that means for lawyers and creatives, Part 1

Posted in Branding, Copyrights, Guest Bloggers, Idea Protection, Marketing, Patents, Technology, Trademarks

Jason Voiovich, VP, Marketing, Analytics & Research Services, Logic PD *This is part 1 of a two-part series on the impact of traditional medical devices finding their way to home use. In this post, Jason will introduce the topic and discuss implications for the four types of intellectual property. In the next post, he will… Continue Reading

Reimagining 3D printing

Posted in Guest Bloggers, Mixed Bag of Nuts, Technology

- Derek Mathers, Business Development Manager, Worrell 3D printing has the potential to be a disruptive technology because it is the first human manufacturing technique that emulates nature by growing complex structures additively, using only the required material. 3D printing gives engineers the freedom to design without the constraints of a mold, and carries with… Continue Reading

Will Your Brand Celebrate American Independence?

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

By Debbie Laskey, MBA In the United States, July is the month when we celebrate Independence, specifically on the Fourth of July. While many retail stores promote “Independence Day” sales that last more than just one day, we can all recall automobile sales advertised on TV and radio called “Independence Day Sales” but start in… Continue Reading

Someone’s Going to be Cranky

Posted in Advertising, Guest Bloggers, Marketing

–James Mahoney, Razor’s Edge Communications When you put out any kind of advertising or promotion, someone, somewhere, is going to be cranky about it. That’s just a fact of life for marketing and communications people. Sometimes the crankiness is understandable in hindsight. Other times, it has you giving yourself a dope slap for having missed… Continue Reading

Learning from Goalkeeping

Posted in Almost Advice, Guest Bloggers, Mixed Bag of Nuts, Squirrelly Thoughts

James Mahoney, Razor’s Edge Communications Ken Dryden, Hall of Fame goalkeeper for the Montreal Canadiens, recently wrote a piece in The Wall Street Journal about Carey Price, the current Canadiens goalkeeper. In describing how good Price is and his style of keeping, Dryden wrote: “Price makes every save look easy. On a shot to the… Continue Reading

A Naked Attempt at Trademark Association

Posted in Branding, Guest Bloggers, Infringement, Mixed Bag of Nuts, Squirrelly Thoughts, Trademarks, TTAB, USPTO

- John Reinan, a Minneapolis journalist and recovering marketer When news broke a couple months ago that the “gentlemen’s club” Spearmint Rhino would be opening a downtown Minneapolis branch on Hennepin Avenue, I joked on Twitter that I should open a club down the street and call it Menthol Hippo. OK, so I’m not really… 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

An appetite for the unexpected: Bay Area Restaurant Names

Posted in Branding, Food, Guest Bloggers, Idea Protection, Mixed Bag of Nuts, Trademarks

- Laurel Sutton, Senior Strategist at Catchword Brand Name Development When the San Francisco Chronicle’s “Top 100 Bay Area Restaurants 2015” guide arrived today, I started paging through eagerly. But not to see if my favorite spot made the list, or even to see if I’d eaten at any of the top 100, as most… Continue Reading

Trademark a feeling.

Posted in Branding, Guest Bloggers, Mixed Bag of Nuts, Non-Traditional Trademarks, Sight, Smell, Sound, Taste, Touch, Trademarks

–Aaron Keller, Managing Principal, Capsule How fast are you getting at typing with your thumbs? My high school typing instructor would be so proud of my advancements. I’d say 60 words a minute if I am humming along with an idea of what to write. Not bad, proud to say I am writing this post… Continue Reading

Really, Seriously? Frat boys, Go Home to Mommy (Patagonia Sues To Shut Down ‘Fratagonia’ Line)

Posted in Branding, Dilution, Famous Marks, Fashion, Guest Bloggers, Infringement, Law Suits, Mixed Bag of Nuts, Trademarks

–Aaron Keller, Managing Principal, Capsule Unfortunately, the phrase “frat boy” or “fraternity” has been dealt another cultural blow by some less-than-impressive gents launching a ‘Fratagonia’ line of clothing. My hope is they are freshmen and just haven’t taken a semester of business law yet. But, likely there are other senior “should know better” individuals involved…. Continue Reading

Anyone for a Jimmy John’s Freaky Fast Delivery?

Posted in Branding, Guest Bloggers, Mixed Bag of Nuts

–Aaron Keller, Managing Principal, Capsule We appreciate brands with personality. From our studies of brands, there are way too many living in a pool of vanilla ice cream and wondering why their customers don’t engage. Brands need interesting, engaging personalities and they are most effective when coming to life within the experience. The Jimmy John’s… 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

Just because you can name your meal replacement product “Soylent”, doesn’t mean you should

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

- Jason Voiovich, Vice President, Marketing, Logic PD   It’s a classic of 1970s dystopian cinema. In “Soylent Green”, Charlton Heston (yep, the very same) struggles through a horrible vision of an overpopulated future where human beings are processed into “Soylent Green” to feed the populace. (The meme-line from this entire movie comes at 1:06… Continue Reading