DuetsBlog Collaborations in Creativity & the Law

Category Archives: Loss of Rights

Subscribe to Loss of Rights RSS Feed

The Careful Timing of Trademark Truncation

Posted in Articles, Branding, Loss of Rights, Marketing, Product Packaging, Trademarks, Truncation

A recent stroll through a big box store opened my eyes to a brand of steel toe boots I hadn’t encountered before, take a look at the CAT that will be protecting my son’s toes this Summer: CAT is an excellent example of successful trademark truncation, a single-syllable truncated brand name for the four-syllable CATERPILLAR… Continue Reading

Here’s to Calling the Kettle, Brand Too?

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks

The teapot read my post from last week and is not only calling the kettle black, but brand too: So, we’ll have to see whether saying it’s so makes it so, after we stir the pot a bit, of course. Like the previous Virginia Brand ham example, the chip packaging above prominently incorporates the word… Continue Reading

When is a Duck a Goose, or a Ham a Brand?

Posted in Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks, USPTO

Every once in a while, the word “brand” appearing on product packaging surprises me, because my earlier understanding of the word preceding it spells generic, not brand. Just like the above. Shopping in Whole Foods this past weekend, the above shown VIRGINIA BRAND designation called out like a neon sign from behind the glass of… Continue Reading

Don’t Get TRUMPed By a First-Filer

Posted in Almost Advice, Branding, Infringement, Loss of Rights, Trademarks

Reading over this story on Donald Trump’s decades of headaches (and conveniently-timed successes) with the TRUMP trademark and the Chinese Trademark Office, I was reminded, as I always am, of the importance of filing federal trademark applications. The examination process for Trump’s marks in China, and the Chinese trademark enforcement regime generally, is rather opaque… Continue Reading

Your Favorite App-Based Ride Service?

Posted in Advertising, Articles, Branding, Loss of Rights, Marketing, Technology, Trademarks, USPTO

Before you answer the question posed in the title of this post, your initial question might be: What is an App-Based Ride Service? The Minneapolis St. Paul International Airport is using a handy sign directing passengers on where to go to access their favorite one, does that help? I’m thinking the designated area in the… Continue Reading

What’s a Peppadew?

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks, USPTO

We recently checked out a new restaurant in Minneapolis’ growing North Loop area, called Red Rabbit, what a great spot:   The menu cleverly refers to the salad options as “Rabbit Food” — and the Italian Chopped salad spoke to me, but one of the listed “ingredients” left me wondering “what’s a peppadew”? Not wanting… Continue Reading

Houston (College of Law) Has a Problem

Posted in Agreements, Articles, Branding, Civil Procedure, Goodwill, Infringement, International, Law Suits, Loss of Rights, Marketing, Trademark Bullying, Trademarks

A trademark problem, that is, as reported by the Texas Tribune on Friday of last week. Lest you be fooled by the above reference to Houston College of Law being established in 1923, the name has only been around since June of 2016. In fact, when South Texas College of Law rebranded to Houston College… Continue Reading

Does a Commodity Ever Need to Apologize?

Posted in AlphaWatch, Articles, Branding, Genericide, Goodwill, Loss of Rights, Marketing, Mixed Bag of Nuts, Trademarks

On this welcome Labor Day, a few different thoughts converged for me, so please allow me to answer my own question in the title of this post, starting by explaining the below photo: After repeated diversions from a particular moving stairway a/k/a escalator to the far less convenient elevators in an unnamed downtown Minneapolis office… Continue Reading

Timber! Will the Little Trees Car Freshener Configuration Trademark be Chopped Down?

Posted in Articles, Branding, Dilution, Fair Use, Famous Marks, First Amendment, Genericide, Infringement, Law Suits, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Trademark Bullying, Trademarks

We wrote about the above trademark warning ad a few years back, and the claimed trademark owner likely recognizing vulnerability as to validity: “The idea generally is, let’s show and create a record that we are educating the public about our trademark rights and hopefully deterring misuses that otherwise might find their way into the public… Continue Reading

The RedBox Mark Has Gone to Waste and 3 Quick Lessons to Learn

Posted in Dilution, Famous Marks, Infringement, Loss of Rights, Trademarks

The RedBox brand continues to dominate the movie rental market. For the uninitiated, RedBox is a brand of movie and video game rental vending machines placed in convenient locations like grocery stores, gas stations, and fast food lobbies, like the one below: However RedBox’s commercial success hasn’t stopped the brand from going to waste –… Continue Reading

A $10 Billion Idea, without a Patent, is just an Idea

Posted in Copyrights, Idea Protection, Infringement, Law Suits, Loss of Rights, Patents, Technology

Have you ever seen an ad for something and thought to yourself, “Hey, I had that idea years ago!” Some people take that thought a step further. One Florida man claims to have invented the iPhone in 1992, and is suing Apple to the tune of over $10 billion. Thomas Ross filed a patent application… Continue Reading

Blowing the Whistle on Trade Secrets: Employers Required to Provide Notice of Whistleblower Protections under DTSA

Posted in Agreements, Almost Advice, Law Suits, Loss of Rights

Last month, the federal Defend Trade Secrets Act (DTSA) was signed into law. The DTSA provides remedies for trade secrets misappropriation, including a new federal cause of action, under which private companies can sue for trade secrets misappropriation. The DTSA allows a trade secret owner to seek actual damages, injunctive relief, restitution, and in some… Continue Reading

America’s Most Watered-Down Beer (Name)?

Posted in Advertising, Articles, Branding, Goodwill, Loss of Rights, Marketing, Social Media, Trademarks, USPTO

Last week the Twittersphere was chirping loudly and negatively in response to reports that Belgian-owned Inbev would be replacing the Budweiser brand name with “America” on beer cans, as shown above. No bow-tie can shape in this campaign, but the logo is to be on the can’s back. Headlines like these, suggesting a permanent change… Continue Reading

A Missed Step in Branding Fitness Trackers?

Posted in Advertising, Almost Advice, Articles, Branding, Genericide, Loss of Rights, Marketing, Technology, Trademarks, USPTO

I’ve been wearing one of these little guys on my wrist for almost a year now. Love it. The personal awareness it raises for me in the areas of sleep, diet, and activity, has been profound. Can’t tell you how many times folks have asked, “Is that one of those fit bits?” “Nope,” I sometimes… Continue Reading

Whose Intent Matters in an Abandonment Claim?

Posted in Advertising, Loss of Rights, TTAB

The Trademark Trial and Appeal Board (TTAB) granted a Petition to Cancel based on an abandonment claim involving a parent-subsidiary relationship. Floorco Enterprises applied for and received a registration for the mark NOBLE HOUSE for “furniture.” Noble House Home Furnishings later applied for the NOBLE HOUSE HOME FURNISHINGS mark for “on-line retail store services featuring… Continue Reading

Scandalous and Disparaging Marks: The Race to the Trademark Office Is On

Posted in Advertising, Branding, Idea Protection, Infringement, Loss of Rights, Non-Traditional Trademarks, Squirrelly Thoughts, Television, Trademarks, TTAB, USPTO

Owners of scandalous, immoral, or disparaging marks are on notice: now is the time to place your $275 bet with the USPTO. And soon, the Trademark Office database may be “NSFW.” Last Thursday, the USPTO issued Examination Guide 01-16 to address the impact of recent federal court decisions on Section 2(a) of the Trademark Act. That section prohibits registration of… Continue Reading

An E-Bay User Copied and Sold Thousands of Designs for Profit, but is it Legal?

Posted in Copyrights, Fair Use, First Amendment, Idea Protection, Infringement, Loss of Rights

Three-dimensional printing technology continues to be a new frontier of creativity, advancement, and of course, legal issues. The laws surrounding 3D printing have always been a topic of concern, but the discussion took center stage over the last few weeks in an unprecedented way. If you’re new to the idea of 3D printing, here’s a… Continue Reading

Yes, No, and the Ever Confusing Maybe . . .

Posted in Articles, Branding, Genericide, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, SoapBox, Squirrelly Thoughts, Trademarks

Yes and no are at opposite ends of the spectrum. North Pole, South Pole. Night and day. Win, loss. Black, white. Available, unavailable. Protectable, unprotectable. Infringing, non-infringing. They represent a binary proposition, like a traditional light switch with two settings: on and off. My daughter loves the yes end of the spectrum; no, not so… Continue Reading

Thinking Outside Section 2(d) Refusals

Posted in Articles, Infringement, Loss of Rights, Trademark Bullying, Trademarks, TTAB, USPTO

Section 2(d) of the Trademark Act is the statutory basis for refusing registration based on likelihood of confusion with another mark. It is invoked on an ex parte basis by USPTO Examining Attorneys, and it is also raised in the context of inter partes cases between adversaries. When an applicant seeking to register its mark… Continue Reading

Negative Look-For Advertising Statements

Posted in Advertising, Almost Advice, Articles, Branding, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Sight, Technology, Trademarks

Loyal readers know how important look-for advertising can be in making the difference between establishing trademark ownership in the shape or configuration of a product, and being left with nothing but a goose egg (as opposed to a Big Green Egg). That’s not to say, the clunky words “look-for” are required, yet something equivalent and… Continue Reading

Self-Inflicted Cuts That Can Kill a Trademark?

Posted in Advertising, Almost Advice, Articles, Branding, Guest Bloggers, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks

We have some razor sharp readers and guest bloggers. We’re deeply thankful and especially grateful when our readers and guest bloggers send us real life illustrations of marketing pitfalls we’ve identified, sliced and diced here on DuetsBlog. They provide more great teaching tools. Hat tip to our own James Mahoney of Razor’s Edge Communications for… Continue Reading