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Category Archives: Marketing

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The Strange Case of Strange Fruit

Posted in Branding, Guest Bloggers, Marketing, Mixed Bag of Nuts, Search Engines, Social Media, Social Networking

- Laurel Sutton, Senior Strategist at Catchword Brand Name Development Of all the marketing people in the biz, you’d think a PR firm would have the best instincts for names that appeal, rather than repel, the public at large. A firm in Austin, Texas that specializes in food and drink recently chose the name Perennial… Continue Reading

Top 10 Branding Tips Using PR

Posted in Advertising, Branding, Goodwill, Guest Bloggers, Marketing, Mixed Bag of Nuts, Social Media, Social Networking

- Debbie Laskey, MBA There is an often-overlooked aspect of marketing that can be considered a distant relative. Public relations, also referred to as PR, is this sometimes forgotten but very important component of marketing promotions. At its core, PR can be defined as managing a brand’s image and reputation, but it touches all aspects… Continue Reading

Bo Knows, How To Beat a Trademark Bully

Posted in Advertising, Articles, Branding, Food, Marketing, Social Media, Trademark Bullying, Trademarks, TTAB, USPTO

This Bo might not have won the Heisman Trophy, he might not have played in the NFL or MLB, he might not have enjoyed a lucrative Nike endorsement deal, and he might not have been named ESPN’s greatest athlete of all time, but this Bo — the defiant Vermonter, a/k/a Bo Muller-Moore, knows how to… Continue Reading

Squeezing the Most Out of a Product Feature

Posted in Advertising, Branding, Goodwill, Guest Bloggers, Idea Protection, Marketing, Mixed Bag of Nuts, Patents, Product Packaging, Trademarks

- Draeke Weseman, Weseman Law Office, PLLC Some folks sing in the shower. Others critique the packaging of their face cleanser.  Garnier’s Clean+ Purifying Foam Cleanser is a good cleanser packaged in a plain-looking bottle. The bottle looks like your normal foam dispenser, and, picking it up for the first time, you would expect to… Continue Reading

No IP Holes in this Crystal Head

Posted in Advertising, Articles, Branding, Food, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Product Packaging, Sight, Trademarks, USPTO

We’ve spilled a lot of digital ink here over the past several years discussing the protection of non-traditional trademarks. We’ve also written about the importance of layering various intellectual property rights (trademark, copyright, and patent) to accomplish the competitive goals of a business. And, we’ve enjoyed writing about non-traditional vodka branding here and here. Today,… Continue Reading

The Shiny Bright Red Holiday Star Brand(s)

Posted in Advertising, Articles, Branding, Famous Marks, Food, Goodwill, Infringement, Marketing, Non-Traditional Trademarks, Television, Trademarks

In the context of the holiday season, what comes to mind when you see a shiny bright red star? If you’re reading this post from Russia, perhaps the top of a New Year Tree is brought to mind. Of course, I have brands on my mind, and it has been hard to miss the barrage… Continue Reading

Thanksgiving Feast: ABA Journal’s Blawg 100

Posted in Advertising, Branding, Guest Bloggers, Marketing, Trademarks

Thanksgiving is coming a couple of days early here at DuetsBlog. We have been minding our business — doing what we do best — fresh branding, trademark, and IP content and insights here five days a week, always thankful for the wonderful contributions from our talented guest bloggers, and staying inspired to write even more… Continue Reading

Mmm (Mmm, Good) Coca-Cola?

Posted in Advertising, Articles, Branding, Food, Marketing, Sound, Trademarks

Love the recent holiday billboard ad for the beloved Coca-Cola brand! Having said that, whenever I see branding around the sound Mmm, for food and beverage products, even if it is only one Mmm, and not back-to-back Mmm, Mmms, I’m thinking old school: Campbell’s Soup. No wonder, Campbell’s M’M! M’M! GOOD! slogan has lasted nearly… Continue Reading

TRENDING: Minnesota’s Midwestern “Identity Crisis”

Posted in Advertising, Branding, Marketing, Mixed Bag of Nuts, SoapBox

The usual suspects did it again Tuesday.  My Minnesota friends who, like me, tend to indulge in a bit too much Minnesota-centric navel gazing took high interest to a Minneapolis Star Tribune column that posed an interesting question: “Does Minnesota’s region have an identity crisis?”  My Facebook feed lit up with links to Kim Ode’s… Continue Reading

Villainous Big Brands

Posted in Branding, Famous Marks, Guest Bloggers, Marketing, Mixed Bag of Nuts, Social Media

- Chuck Sanchez, BatesMeron Sweet Design  Comcast. Electronic Arts. AT&T. Walmart. Dell. Time Warner. Fox News. McDonald’s. Chances are, at least one of those company names kind of pissed you off just now. Despite this likelihood, each of these brands is immediately recognizable due to widespread financial success in its respective industry. So must a… Continue Reading

Does the United States Patent and Trademark Office Perpetuate Sexism in Branding?

Posted in Advertising, Branding, First Amendment, Guest Bloggers, Marketing, Mixed Bag of Nuts, Trademarks, TTAB, USPTO

- Draeke Weseman, Weseman Law Office, PLLC Now the dilemma…what to name the place. Simple. What else brings a gleam to men’s eyes everywhere besides beer, chicken wings and an occasional winning football season? Hence the name Hooters. Supposedly they were into owls. Strange. — Hooters  This NFL season, civil rights advocates continue to make… Continue Reading

Photoshopping: One Lingerie Company is Bucking the Trend while Making a Buck

Posted in Advertising, Branding, Fashion, Goodwill, Marketing

It’s no secret that the advertising industry relies heavily on physical appearance to sell products, especially for clothing, accessories, and even cheeseburgers. About a year ago, Brent (Lorentz, of the fellow Duets Blogger fame) discussed the prevalence of unrealistic expectations of beauty in advertising. As Brent mentioned, while ethical standards are applied to all sorts of industries,… Continue Reading

Mayhem: Ahem, Metaphorically Speaking

Posted in Advertising, Articles, Branding, Marketing, Non-Traditional Trademarks, Sight, Television, Trademarks, USPTO

Metaphors are a good choice for trademarks. A metaphor typically requires some thought, imagination or perception to understand the connection between the mark and what’s for sale. Remember what a floating feather might suggest metaphorically? Yes, a good night’s sleep. So, the symbol works well as a distinctive non-verbal trademark for a pharmaceutical sleep aid…. Continue Reading

Does Your Business Have a Chief Branding Officer?

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

- Debbie Laskey, MBA Who owns the brand in your business? If your business is top heavy with numerous members in the C-Suite, this may be a difficult question to answer if you don’t have a Chief Marketing Officer. Your Chief Sales Officer may claim ownership, or your Chief Information Officer may claim ownership. Perhaps,… Continue Reading

Amy, Whatcha Wanna Do (About this TM)?

Posted in Articles, Branding, Infringement, Law Suits, Marketing, Trademarks, TTAB, USPTO

As we start to think about welcoming in the weekend, why don’t we all hum this Pure Prairie League tune, while viewing this image and reading this very brief blog post: As this image (that I snapped this morning) shows, the skyway in downtown Minneapolis is sporting a relatively new snack shop called Amy’s. I’m… Continue Reading

Bottega Veneta Unties a Trademark Knot

Posted in Advertising, Articles, Branding, Fashion, International, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks, USPTO

It is easy for some to get all tied up in knots at the USPTO when facing challenging grounds for refusal against federal registration of a claimed non-traditional trademark. Not Bottega Veneta. Last week the Swiss-owned fashion house and luxury brand was able to persuade the USPTO to approve for publication the three dimensional knot… Continue Reading

HOW To Support a Lawsuit in 140 Characters or Less

Posted in Advertising, Almost Advice, Branding, Infringement, Law Suits, Marketing, Social Media, Trademarks

It’s not too often that we see a trademark dispute that affects the marketing and advertising community directly (rather than just their clients), but the facts on this one read like answers to the Five W’s: Who? Popular Greek yogurt manufacturer Chobani, its ad agency Droga5, and corporate leadership guru Dov Seidman. What? A trademark… Continue Reading

When it Feels Like “Look For” Advertising, How About a Little Follow-through?

Posted in Advertising, Almost Advice, Articles, Branding, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks

As we head into the weekend, I thought I’d leave you with a Culver’s ad that feels like “look for” advertising: We’ve spilled a lot of digital ink on the topic of how “look for” advertising greatly enhances a brand owner’s ability to federally register non-traditional trademarks. Now, if Culver’s would only follow-through and seek… Continue Reading

Coca-Cola’s Significant Interest in Zero Marks

Posted in Articles, Branding, Food, Genericide, Infringement, Law Suits, Loss of Rights, Marketing, Trademarks, TTAB, USPTO

Coca-Cola just announced it is introducing Coke Zero in India, which will make it the sub-brand’s 149th market in the world, a truly remarkable reach. As the popular Coke Zero brand is approaching its tenth anniversary in the U.S., it seems like a good time to explore Coca-Cola’s trademark position in COKE ZERO and COCA-COLA… Continue Reading