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Category Archives: Marketing

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Will Montana-Based Victory Energize Win Its “Trademark Bully” Charge Against Monster?

Posted in Articles, Branding, Dilution, Famous Marks, Food, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademark Bullying, Trademarks

Last week more allegations of “trademark bullying” appeared in the headlines. This time, Victory Energize, an energy drink company based in Missoula, Montana, is calling out Monster Energy for sending a cease and desist letter to Victory. Monster’s demand letter is said to charge Victory with infringement of Monster’s distinctive trade dress. So, what say you?… Continue Reading

Silicon Valley x Fashion District = Blurred Lines

Posted in Advertising, Agreements, Branding, Copyrights, Fashion, Infringement, Marketing, Patents, Product Configurations, Technology, Trademarks

Growing up in the 80s, it’s amazing how both fashion and technology have evolved since Scrunchies and Commodore 64s – although a quite separate evolution. I can’t recall a fashionable pager (really, go try to find one), or a chic mp3 player (I had an Archos Jukebox, look at that brick). That all changed once Apple… Continue Reading

Will Chick-fil-A, uh Chicken Out?

Posted in Almost Advice, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Social Media, Social Networking, Trademark Bullying, Trademarks, TTAB, USPTO

Just so you know, this is not the post I planned to write today. Hat tip to you, Bo! It has been exactly one year since Bo Muller-Moore — the “Eat More Kale” guy from Vermont — submitted a comprehensive 71-page response to the registration refusal based on “Eat Mor Chikin” issued by the USPTO… Continue Reading

How Many Hours of Energy Do You Need to Protect a Brand?

Posted in Branding, Fair Use, Famous Marks, Guest Bloggers, Infringement, Law Suits, Marketing, Mixed Bag of Nuts, Product Packaging, Sight, Trademark Bullying, Trademarks

- Draeke Weseman, Weseman Law Office, PLLC The reason Bhargava has won is that he plays tough. Sitting in that cemetery are a dozen or so neon copycats with names like 6-Hour Power and 8-Hour Energy. Each has been sued, bullied or kicked off the market by Living Essentials’ lawyers. In front of each are… Continue Reading

Put it on Ice: ALSA Abandons ICE BUCKET CHALLENGE Trademark Applications

Posted in Branding, Fair Use, First Amendment, Goodwill, Marketing, Social Media, Trademark Bullying, Trademarks, USPTO

(Bill Gates putting his own spin on the ice bucket challenge) So there is a thing called the ice bucket challenge. In case you haven’t heard of it, you can read about it here (while you’re at it, you may want to read up on the internet, color television, and greek yogurt). In fact, Matt… Continue Reading

A Less Possessive Hershey’s Brand?

Posted in Branding, Food, Marketing, Trademarks, Truncation, USPTO

The possessive form of the Hershey’s brand dates back to at least as early as 1894, according to U.S. Reg. No. 54,041 – a more than 100 year old trademark registration from 1906. Last week, Brand New reported on Hershey’s new logo and corporate identity – without the apostrophe and letter “s” at the end: I’m guessing that the possessive form… Continue Reading

Another Real Lulu: Anatomy of an Affidavit

Posted in Articles, Branding, Food, Goodwill, Infringement, Law Suits, Marketing, Trademarks

On Tuesday of this week, we discussed the trademark infringement case filed by Lulu’s Market & Deli against Lulu’s Public House (depicted above), here is a link to a pdf of the Complaint. As you will recall, we expressed a healthy dose of skepticism about the claims being asserted by Lulu’s Market & Deli, and we predicted… Continue Reading

Role Reversal: David Bullying Goliath?

Posted in Branding, Famous Marks, Goodwill, Infringement, Marketing, Trademark Bullying, Trademarks, TTAB

When claims of trademark infringement make the news, it is often because a billion dollar corporation is suing old man Donaldson’s tavern for trademark infringement (Although, McDonaldson’s might have been a bad choice…).  You’ve got your Ikeas, your Googles, Chick-fil-As, and your NFLs of course (not the National Forensics League, they’re cool).  David can fight back and win, but David… Continue Reading

I’m Gumby Dammit — A Flexible Trademark?

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

The Minnesota History Center is currently promoting its Toys of the ’50s, ’60s and ’70s exhibit — my favorite promotional billboard is the one captured above, featuring none other than Gumby. I can still remember my Gumby toy and watching the Gumby Show as a young child along with the Davey & Goliath television series, both… Continue Reading

Think before you design. Please.

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

- Aaron Keller, Managing Principal, Capsule The proliferation of tools and tricks in Adobe Photoshop and other photography software has become abundant. This has allowed anyone and their cousin Frank to act in the role of a “designer” and design anything for clients. This has an interesting tie into something we’ve noticed over the past… Continue Reading

Trademark Pronunciation Revisited

Posted in Articles, Branding, Marketing, Trademarks, TTAB, USPTO

Remember this little gem on trademark pronunciation from the DuetsBlog archives two years ago? Open Wide and Say Ahh: Probing Brand Name & Trademark Pronunciation Judging from a search of Google, the JD Supra version of this post has gotten lots of traction. Well, a few weeks ago the Court of Appeals for the Federal Circuit (CAFC) issued an interesting… Continue Reading

Unintended Cultural Confusion

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

- Mark Prus, Principal, NameFlash Recently I discovered a wonderful infographic on the different meanings of colors in various cultures. It got me thinking that people who are branding a product, service or company might be unintentionally offending some of their potential customers. In the use of colors for example, Westerners/Americans would consider grey to… Continue Reading

Harley-Davidson Booze Coming Soon?

Posted in Branding, Food, Marketing, Non-Traditional Trademarks, Trademarks, TTAB, USPTO

With the 74th Anniversary of the famous Sturgis Motorcycle Rally less than a week away, it seemed like a good time to check in on recent Harley-Davidson trademark activity at the USPTO. As it turns out, a very interesting intent-to-use trademark application was filed just two weeks ago, seeking federal registration of the world-famous HARLEY-DAVIDSON word mark… Continue Reading

Fly the Tasty Skies

Posted in Branding, Fashion, Guest Bloggers, Marketing, Mixed Bag of Nuts, Trademarks

- Nancy Friedman, Wordworking In mid-June JetBlue, which since its first flights in 2000 had been a single-class “value” airline, introduced its version of first-class service. To signal this departure—forgive the pun—it didn’t give the service a category name such as JetBlue Business. Nor did it follow its own naming conventions and build on the… Continue Reading

Dethroning a Right to Register a Trademark?

Posted in Agreements, Articles, Branding, Contracts, Dilution, Famous Marks, Infringement, Marketing, Trademark Bullying, Trademarks, TTAB, USPTO

Last month, you will recall we wrote about the important difference between the right to register a trademark and the right to use a trademark, here and here. Despite the fact that in most cases, a “likelihood of confusion” test governs both determinations, the right to use and the right to register are not necessarily coextensive rights – defeating… Continue Reading

Pepsi Gets Grip on MLB All-Star Extravaganza

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

How cool is it to have the MLB All-Star Game and related events, right here in Minneapolis? Very. As the advertisement shows, Pepsi is playing a large role in the event, as the “Official Soft Drink” of the MLB All-Star Game. As attractive as the ad is, sadly, I suspect that only trademark types and… Continue Reading

Apple’s Word Count for Non-Verbal Branding

Posted in Articles, Branding, Goodwill, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Sight, Technology, Trademarks, USPTO

A picture is said to say a thousand words, and ironically that is almost literally and exactly true when it comes to Apple’s focus on non-verbal icon branding. A week before the 4th of July, Apple filed these three non-verbal trademark applications: Clicking on each will take you to the detailed USPTO information for each application,… Continue Reading

Sugarpova: Does it taste as weird as it sounds?

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

- Laurel Sutton, Senior Strategist at Catchword Brand Name Development Wimbledon is winding down and fifth-seeded Maria Sharapova has been eliminated from the competition, dashing her hopes for a combined 10th anniversary and second Wimbledon championship. But Sharapova, despite her long career as one of the top-ranked stars in women’s tennis, has been getting more… Continue Reading

Update: Ikea Voids the Warranty on its Demand Letter

Posted in Articles, Branding, Fair Use, Famous Marks, First Amendment, Goodwill, Infringement, Marketing, Social Media, Trademarks

A few weeks back, we discussed IKEA’s claim of trademark infringement against the popular website, IKEAhackers.net, and the resulting online backlash. In what’s become an increasingly common result, IKEA has reportedly backed off from its demand letter: We want to clarify that we deeply regret the situation at hand with  IKEAhackers. It has of course… Continue Reading

ED Ads: Humor From Across the Pond

Posted in Advertising, Articles, Copyrights, Fair Use, First Amendment, Goodwill, Infringement, Law Suits, Marketing, Squirrelly Thoughts, Television

On this last day of the month, we are shedding almost all seriousness to stand at attention while examining some recent London taxi cab humor — from the perspective of Lloyds Pharmacy – about treating the affliction of erectile dysfunction (ED) with six pound pills and a healthy dose of laughs: One of the things I learned… Continue Reading

Brewing Brewery Brawl: Busch Not Happy with NATTY

Posted in Advertising, Branding, Dilution, Infringement, Marketing, Trademark Bullying, Trademarks, TTAB, USPTO

You know that beer that you would drink in a basement, but now that you acknowledge that you are actually an adult, you would not be caught dead buying in a liquor store or requesting at a bar or restaurant?  We’ve all got one.  Having spent my college drinking days in “the good land”, my… Continue Reading