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Category Archives: International

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Louboutin International Trademark Dispute

By on Posted in Branding, Infringement, International, Trademarks

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 Blofield noted in a blog… Continue Reading

Antigua and Barbuda: Haven from Minnesota Winters and Copyright Infringement

By on 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?

By on 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

By on 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

By on 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?

By on 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

By on 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?

By on 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?

By on 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)

By on 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

By on 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

Leadership as a Branding Cliché

By on Posted in Advertising, Articles, Branding, International, Marketing

Brad VanAuken of The Blake Project and Branding Strategy Insider Blog wrote an interesting post about Branding Clichés And Hollow Claims: “It seems that every good idea, every admirable quality, at some point gets overused and eventually becomes a cliché. Some qualities become so popular that every organization aspires to possess them or at least… Continue Reading

How Fashionable is the Louis Vuitton “Trademark Bully” Label?

By on Posted in Articles, Branding, Copyrights, Counterfeits, Dilution, Fair Use, Famous Marks, First Amendment, Infringement, International, Marketing, Social Networking, Trademark Bullying, Trademarks

There has been quite a flap surrounding the poster and invitation used by the University of Pennsylvania Law School to promote Penn Intellectual Property Group’s Fashion Law Symposium, scheduled for a week from tomorrow. The symposium appears to be designed as a serious affair, boasting an all-star cast of general counsel from the fashion industry, including those from… Continue Reading

Louboutin Red-Sole & Surrounding Contrast: An Implied Trademark Limitation

By on Posted in Articles, Branding, Fair Use, Infringement, International, Law Suits, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Sight, Trademarks

The Louboutin lacquered red sole trademark is the subject of great debate in the trademark world, fashion industry, popular news media, and among law school academics and friends of the court. I’m just not seeing it. I really don’t see a viable trademark claim here for Louboutin. Not for the reasons found by the district court — I… Continue Reading

Changing Your Brand Color: No More Golden Arches?

By on Posted in Advertising, Branding, Famous Marks, Food, International, Marketing, Non-Traditional Trademarks

–Susan Perera, Attorney Last year I had a running discussion on color trademarks.  I blogged about the issues surrounding the protection of a color as a non-traditional trademark, the impact of industries clustering around a particular color, and the concern that functionality may impede protection of a color trademark.  Need a refresher? Check here, here,… Continue Reading

Viva Trademark Protection!

By on Posted in International, Trademarks

My wife and I were in Puerto Rico this past week for our one year wedding anniversary.   Please hold your applause. For those of you who’ve never been, the above photo is actually of Fort San Felipe del Morro taken from the adjacent Fort San Cristobal in Old San Juan. Because I’m an attorney (and therefore naturally… Continue Reading

Nationwide, But an Ocean Apart

By on Posted in Advertising, Branding, Guest Bloggers, International, Marketing, Trademarks

—Alan Bergstrom, Brand Insights As an occasional contributor to the DuetsBlog, I have pointed out irregularities as well as similarities among brand names and identities. I recently ran across an interesting case of international “double identity” that has even me scratching my head as to the probability of pure coincidence. For me, it certainly raises questions… Continue Reading

Enforcement of U.S. Copyrights in the U.K.

By on Posted in Copyrights, Guest Bloggers, Infringement, International, Law Suits, Non-Traditional Trademarks, Product Configurations, Trademarks

Simon Bennett, Partner and Head of Intellectual Property, Fox Williams LLP, Solicitors George Lucas defeat over Stormtrooper helmet design replicas creates ability to enforce U.S. copyrights in the UK.    The Supreme Court of the United Kingdom has ruled against George Lucas’ company Lucasfilm in the latest episode in a copyright and designs battle against a… Continue Reading

Losing the L-Word

By on Posted in Advertising, Almost Advice, Branding, Guest Bloggers, International, Marketing

 Okay, nobody wants to be a "loser," unless, of course, you happen to be the biggest one, but that’s beside the point, because that’s not the L-word I’m talking about today. No, I’m talking about a much more traditionally positive L-word, as in "leader," but as I learned earlier this week, at an excellent breakfast seminar hosted at Padilla Speer Beardsley (PSB) headquarters in Minneapolis, entitled… Continue Reading

Power & Balance or Plastic & Placebo

By on Posted in Advertising, Branding, International, Law Suits, Marketing, Trademarks

   Have you noticed the popularity of silicone and plastic wrist bands? Apparently very big business. My fourteen year old son just bought another today for about $30. He has informed me that Power Balance is the leading and most desired brand and there are many "cheaper imitations" out there. I don’t wear one, and have no plans… Continue Reading