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Category Archives: Look-For Ads

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Bordering on Logos (Again)

By on Posted in Advertising, Branding, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Technology, Trademarks

By now, you must know, I’m a sucker for billboard ads. I really love to notice, study, comment on, and critique them, especially when there is an opportunity for some trademark storytelling. This one for the Hampton Inn & Suites brand does not disappoint. It appears that an IP holding company for Hilton, HLT Domestic… Continue Reading

Can you hear it?

By on Posted in Look-For Ads

–Susan Perera, Attorney Christmas came and went, and here in Minnesota it was a bit brown and depressing looking outside. If only it would snow… Sigh. However, if you listen carefully you might hear it… no, it’s not the reindeer, but maybe some “listen for” advertising? This holiday season I’ve seen a few too many Lexus… Continue Reading

Webinar: Hot Marketing Topics with Trademark & Legal Implications

By on Posted in Branding, Genericide, Guest Bloggers, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Trademarks

Last week I had the distinct pleasure of participating in a ninety-minute webinar with my good friend, frequent and eloquent guest-blogger on DuetsBlog – Aaron Keller of Capsule – complete with some friendly banter on the following: "Hot Marketing Topics with Trademark and Legal Implications." Minnesota Continuing Legal Education has generously provided a link where the webinar can be viewed in its entirety, here. As you’ll… Continue Reading

Trademark Bull?

By on Posted in Advertising, Branding, Food, Look-For Ads, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Sight, Trademark Bullying, Trademarks

In the midst of all our discussion about “trademark bullying,” I couldn’t resist picking up this ”No Bull” postcard from Manny’s Steakhouse in Minneapolis, Minnesota. You may recall Dan previously wrote about Manny’s promoting similar images with the phrase “One Helluva Sac Lunch”. Dan also noted the irony of the best beef coming from steers, not… Continue Reading

Look for Reese’s “Perfect Mix”

By on Posted in Advertising, Branding, Famous Marks, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Taste, Television, Trademarks

–Dan Kelly, Attorney Earlier this week, Jason Voiovich commented on The Great Chocolate War between Hershey and Mars. We obviously have chocolate on the brain here this week.  The company that brought you the product configuration trademark to the right has recently released the below commercial for Reese’s Peanut Butter Cups–perhaps further establishing rights in… Continue Reading

Seth Godin on Subtlety: The Trademark Perspective

By on Posted in Branding, Goodwill, Look-For Ads, Marketing, Non-Traditional Trademarks, Trademarks

Seth Godin’s recent post entitled Subtlety, deconstructed, struck a chord with me, and should strike a chord with all trademark types and the brand owners they represent. Here is my favorite excerpt: Subtle design and messaging challenge the user to make her own connections instead of spelling out every detail. Connections we make are more powerful than… Continue Reading

Uniform Look-For Advertising?

By on Posted in Advertising, Branding, Look-For Ads, Marketing, Non-Traditional Trademarks, Trademarks

Spring is in the air (at least here in Minneapolis) and so are some fresh examples of look-for advertising that actually avoid the use of those straitjacket words. As we have discussed before, look-for advertising is a powerful tool in developing non-traditional trademark rights in subject matter such as single color marks. Dan discussed it here, in… Continue Reading

Color Trademarks, Red Knobs, and Secondary Meaning

By on Posted in Branding, Goodwill, Infringement, Law Suits, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks

More on single color trademarks today. Eighteen months ago, Wolf Appliance obtained a federal trademark registration in connection with "a red knob or knobs" of "domestic gas and electric cooking appliances, namely, ranges, dual-fuel ranges, cooktops, and barbeque grills." Wolf put its registration to the test a couple of weeks ago in a federal trademark infringement… Continue Reading

Looking For “Look For” Alternatives

By on Posted in Advertising, Branding, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Television, Trademarks

–Dan Kelly, Attorney As we have previously written, one way to acquire trademark rights in a non-traditional trademark, especially a product configuration trademark, is to use “look for” advertising.  Here’s an example, although not a very prominent use of the “look for” slogan (here in context): You don’t have to cross the Pacific to enjoy… Continue Reading

Holiday Inn Puts Dimmer on Non-Traditional Lighting Trademarks

By on Posted in Branding, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks

A couple of months ago there was quite a buzz about Holiday Inn’s projected $4 million annual savings by moving to a leaner and greener direction with their adoption of LED lighting on exterior signage.  As you may recall, back in June we blogged about Holiday Inn’s interesting effort to federally register a pair of non-traditional lighting trademarks, one employing a green-colored… Continue Reading

Delicious Marks: Candy Bar Cross-Section Trademarks?

By on Posted in Advertising, Branding, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks

A couple of months ago I saw in a convenience store a large Snickers point-of-sale floor-display depicting a prominent and attention-getting cross-section of a Snickers candy bar. Given Mars’ apparent interest in owning and creating non-traditional trademark rights surrounding the Snickers brand (revisit Dan’s post from earlier this year), it made me wonder whether Mars might view (and want consumers to… Continue Reading

Holiday Inn’s Relaunch: Do We Have a Problem, Houston?

By on Posted in Advertising, Branding, Look-For Ads, Trademarks

–Dan Kelly, Attorney Time for me to play dumb consumer and ask an honest question.  What is the conventional wisdom in relaunching or revitalizing a brand:  do you tell consumers that you’re doing it, or not? I suspect that there is no universal answer, but Holiday Inn’s “relaunch” has admittedly caught my attention.  (It caught… Continue Reading

Non-Traditional Trademarks Revisited: Feel Me, Touch Me

By on Posted in Advertising, Branding, Copyrights, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Smell, Sound, Taste, Touch, Trademarks

Tommy has a lot to offer in advancing the recognition of certain kinds of non-traditional trademarks, especially touch marks. Yes, The Who’s tune from the Tommy Soundtrack "See Me, Feel Me / Listening to You" repeats these lyrics over and over: "See me, feel me, touch me, heal me."

The FURminator® and Ads Touting Utility: Marking the Termination of Product Configuration Trademark Protection?

By on Posted in Advertising, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Trademarks

    If FURminator Inc. were looking for a pitchman to promote and increase sales of the "famous" FURminator® pet grooming tool, and recognizing the recent, sudden and unforfunate passing of famous bearded TV pitchman Billy Mays (who could sell household products better than just about anyone, and still appears to be doing so after his passing), I’m thinking that the fictional cyborg assassin… Continue Reading

Touch Trademarks and Tactile Brands With Mojo: Feeling the Strength of a Velvet, Turgid, Touch Mark?

By on Posted in Advertising, Branding, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Smell, Sound, Taste, Touch, Trademarks

Let’s revisit the topic of non-traditional "touch" trademarks today. Of all the traditional five human senses (sight, hearing, taste, smell, and touch) and trademarks that can be perceived by one or more of those senses, touch, a/k/a tactile, a/k/a texture trademarks are just about as uncommon as any (taste, perhaps, being the least common). Indeed, back in 2006, Marty Schwimmer from The Trademark Blog… Continue Reading

Holiday Inn Lights It Up With a Pair of Non-Traditional Trademarks

By on Posted in Advertising, Branding, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks

Notice anything special about this pair of photographs featuring two different Holiday Inn front entrances? OK, putting aside that the one on the right — with green lighting — seems to have attracted, at least, a few cars, whereas the "blue light special" on the left appears to stage a full house with virtually every room light… Continue Reading

Touchy Trademarks

By on Posted in Famous Marks, Genericide, Look-For Ads, Non-Traditional Trademarks, Product Packaging, Touch, Trademarks

When are trademarks touchy? Ask the good people at Kimberly-Clark®.  One example might be when they are risky to use because of the prior rights of another. This “touchy” example is not unique to Kimberly-Clark®, of course, it is known to anyone who has been through the naming process, and as Aaron Keller of Capsule… Continue Reading

The Paradox of Brand Protection: Knowing When to Hit the Consumer Over the Head

By on Posted in Branding, Law Suits, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Smell, Sound, Taste, Touch, Trademarks

I often remind branding professionals that trademark law rewards their creativity. Some seem to perk up with this subtle encouragement. After all, everyone likes to be rewarded, right? Well, one of the unobvious rewards for creativity comes in the prompt timing of when trademark ownership begins. Being able to own and enjoy exclusive rights on… Continue Reading