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Category Archives: International

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“Glee” – Fox fails to see the funny side in the UK Courts

Posted in Guest Bloggers, International, Mixed Bag of Nuts, Television, Trademarks

Simon Bennett, partner and Rachel Cook, associate Fox Williams LLP Global entertainment giant Twentieth Century Fox Film Corporation recently lost its case against Comic Enterprises Limited, a UK company that runs several live entertainment venues in the UK, in what has been billed as a modern day David vs. Goliath. The subject of the dispute:… Continue Reading

Crushing the Competition

Posted in Infringement, International, Mixed Bag of Nuts, Trademarks, USPTO

- Anjali Shankar, Attorney – The first time I heard the phrase “Candy Crush,” I remember thinking it was something edible. In actuality, Candy Crush (also known as “Candy Crush Saga”) is a game developed by the developer King.com, Ltd. (King) for Facebook and smartphones. I personally have never played the game but have heard… Continue Reading

There is only one Lord of the (Olympic) Rings…but then there was Sochi

Posted in Advertising, Branding, Fair Use, International, Marketing, Social Media, Television, Trademarks

There is only one Lord of the Ring, only one who can bend it to his will.  And he does not share power.  – Gandalf, Lord of the Rings As we have posted about more than a few times on DuetsBlog over the years (like here and here), the OLYMPICS trademark and the Olympic Rings… Continue Reading

Pinterest’s European Headache

Posted in Branding, Guest Bloggers, Infringement, International, Loss of Rights, Mixed Bag of Nuts, Social Media, Social Networking, Trademarks

Simon Bennett, partner and Rachel Cook, associate Fox Williams LLP Social media companies are some of the biggest growth businesses out there and the very nature of their businesses is global. One of the stronger performers is Pinterest, which offers an online platform to manage images and other content on an online pinboard. As recently as October… Continue Reading

Tonight We Tanqueray a Trademark

Posted in Advertising, Articles, Branding, Genericide, International, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks, USPTO

                  Diageo, the Tanqueray brand owner is currently running billboard ads in the Twin Cities as part of its “Tonight We Tanqueray” ad campaign. A couple of years back when the campaign first was announced, Diageo explained it this way: “One of the world’s most awarded gins, Tanqueray London Dry… 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

Copying the Place for Fun in Our Life – the Mall of America

Posted in Copyrights, International, Non-Traditional Trademarks, Trademarks

Once again, a story from China suggests that imitation is the highest form of flattery.  First, it was copying Apple stores.  Now, it’s copying an entire mall – and the most well-known American mall of all at that, the Mall of America.   Well, at least the logo and creative.  The Chinese mall appears to still… Continue Reading

The Color Purple and the future of color trade marks in the UK

Posted in Branding, Famous Marks, Guest Bloggers, International, Mixed Bag of Nuts, Non-Traditional Trademarks, Product Packaging, Trademarks

Simon Bennett and Rachel Cook Fox Williams LLP Chocolate giants Nestle and Cadbury have been trading blows in the UK and European Courts for several years. This latest round in front of the UK Court of Appeal related to Cadbury’s application to register the color purple (to be specific Pantone 2685C) for the packaging of… Continue Reading

Building a Smarter Counterfeit Strategy

Posted in Almost Advice, Counterfeits, International, Trademarks, USPTO

When I have watched the ad below around some savvy marketing and supply-chain management folks, the reactions have been generally been in the  “wow – that’s really cool” vain.   IBM seems to really be doing something right with its ability to help companies prevent counterfeit product, and clearly it’s important enough to its customers… Continue Reading

Eh, it’s Ey?

Posted in Branding, Domain Names, Guest Bloggers, Infringement, International, Loss of Rights, Marketing, Trademarks, Truncation, USPTO

Ernst & Young, here is to hoping you can take a little joke about your new truncated name, EY: We’ve written a lot about the potential hazards of brand truncation here, and when one of our talented guest bloggers brings this unfortunate story to our attention, we simply couldn’t resist spilling a little digital ink from our perspective. According… Continue Reading

Louboutin International Trademark Dispute

Posted in Branding, Infringement, International, Trademarks

- Anjali Shankar, Attorney – Those of us who love fashion and have closets overflowing with more pairs of shoes than we probably need are likely familiar with Louboutin pumps. These sky-high heels have a very distinctive look and design. Louboutin heels have recently been the subject of trademark controversy here in the United States. As Tiffany… Continue Reading

Antigua and Barbuda: Haven from Minnesota Winters and Copyright Infringement

Posted in Copyrights, International

–Catlan McCurdy, Attorney When you’re attempting to seek financial retribution from the United States, you have to get a little creative. And it sounds like Antigua and Barbuda employ some creative people. The Carribean nation, known for its beaches, weather, and gambling,  once thrived on a gambling industry that employed 5 percent of its people. The… Continue Reading

Inherently Distinctive Product Packaging?

Posted in Branding, International, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Social Networking, Trademarks, USPTO

Earlier this month, we asked whether [yo]gurt(lab) has an inherently distinctive interior restaurant environment? This week, we’re focused on product packaging, and ask whether Spine Vodka has enough meat on the bones to satisfy the trademark test for an inherently distinctive product package design? This little gem of an image surfaced in a LinkedIn discussion where I learned… Continue Reading

FTC’s New Rules for Advertising Mobile Apps

Posted in Advertising, Agreements, Almost Advice, Contracts, False Advertising, International, Technology

The Federal Trade Commission has published guidelines for advertising mobile applications. In general, the guidelines incorporate the FTC’s policies on truthful advertising and data privacy. On the advertising side, if you make objective claims about your app, then you will need proof to support your claims. The proof necessary to support objective clams is competent… Continue Reading

Intellectual Property and the Next President

Posted in Articles, Branding, Copyrights, Idea Protection, International, Marketing, Patents, Trademarks

After months of debates, worn out talking points, and a seemingly endless barrage of ads, election day is finally here!  I’m hoping this post serves as a reminder to get out and vote today. Campaigns these days are not without their intellectual property feats and blunders.  There are the buttons; the slogans – purposeful and… Continue Reading

TM/MC: A New IP Notice Symbol?

Posted in Advertising, Branding, International, Marketing, Trademarks

My daughter’s strong interest in fashion, arts, crafts, and sewing has me wandering the aisles of places like Joann Fabrics and Michaels with increasing frequency. Since my primary contribution to these adventures is in the to-and-from, and, I suppose, at the check-out counter, I find myself with eyes wide open, being exposed to a variety of brands very new… Continue Reading

Marketing 101: Knowing Your Audience

Posted in Advertising, Articles, Copyrights, False Advertising, International, Marketing, Patents, Trademarks

Blake Shelton is a brilliant marketer. Whether or not country music speaks to you, for anyone who attended his concert at the Minnesota State Fair this past weekend, it would be hard to deny the chemistry he perfected with his audience. I’ve never witnessed a better concert from the perspective of the storytelling used to lure and charm the audience, while at the… Continue Reading

KFC’s FLG, A Finger Lickin’ Good Trademark Truncation?

Posted in Branding, Famous Marks, Food, International, Marketing, Trademarks, Truncation, USPTO

It is not a secret (recipe or otherwise) that Kentucky Fried Chicken became KFC to more easily (through truncation in branding) communicate an expanded menu and a healthier approach to fast food. We’ve even wondered whether KFC eventually may bow to an image of the Colonel with no words, as a non-verbal logo, as so many others have… Continue Reading

World’s Shortest Trademark Cat Fight?

Posted in Branding, Famous Marks, Infringement, International, Law Suits, Marketing, Non-Traditional Trademarks, Sight, Trademarks

German-based Puma S.E. brought a trademark infringement lawsuit — based on the similarity of the cat logos — against Minnesota-based Arctic Cat, in the Northern District of Illinois at the end of last year (copy of complaint is here). As we have written about before, sometimes the substance and merits of a trademark fight can… Continue Reading

Yes, you can still wipe your Pierrade with Sopalin without risking trademark genericide (in France, that is)

Posted in Advertising, Branding, Famous Marks, Food, Genericide, Guest Bloggers, International, Law Suits, Loss of Rights, Mixed Bag of Nuts, Taste, Trademarks

- Marie-Gwénaëlle Chuit As Steve frequently points out on this blog, trying to turn your trademark into a reference might lead to genericide, thus trademark owners should be very careful when walking this narrow line. The French IP law (CPI) demands that a trademark be distinctive to be considered valid (L.711.2 CPI), and that owners… Continue Reading

Louboutin: Still Waiting on the Second Circuit Court of Appeals

Posted in International, Law Suits, Non-Traditional Trademarks, Trademarks

When I snapped this photo over a month ago in Las Vegas, I figured it wouldn’t be much longer before we hear from the Second Circuit Court of Appeals in the Christian Louboutin v. Yves Saint Laurent red sole trademark infringement case. Trademark types are anxiously waiting to hear whether the district court’s denial of Louboutin’s… Continue Reading