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Category Archives: Marketing

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A Fine Mess: YouTube’s Reaction to REACT

Posted in Advertising, Articles, Branding, Fair Use, Food, Infringement, Marketing, Social Media, Social Networking, Television, Trademark Bullying, Trademarks

In the world of YouTube, subscriber count is king. With over 14 million subscribers, the Fine Brothers seemed at the forefront of new media. But earlier this month, the Internet’s collective scorn for a trademark portfolio sent the Fine Brothers’ subscription count tumbling. If you haven’t been following Benny and Rafi Fine of the Fine Brothers (during your non-work… Continue Reading

Rethinking Our Professions, and Unlocking New Value for Businesses

Posted in Advertising, Guest Bloggers, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts

– Jason Sprenger – President, Game Changer Communications “Ummm…you’re those people who get their clients in the newspaper?” “Oh yeah, you guys throw some great parties!” “You’re the pros who people call when they’re in trouble and they need to make it all go away.” “Huh?  You do advertising, right?” Believe it or not, these… Continue Reading

Nominative Fair Use, as Illustrated by Colorful Balls

Posted in Advertising, Branding, Fair Use, False Advertising, Infringement, Marketing, Non-Traditional Trademarks, Sight, Television, Trademarks

If you watch any amount of T.V. or happened to catch either of the AFC or NFC Championship games last weekend, you’ve probably seen one of the recent cell phone carrier ball commercials. Initially, Verizon created this commercial, wherein a series of colorful balls rolling down a ramp are used to describe Verizon’s apparently superior… 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

The Internet of Names: CES Round-Up

Posted in Branding, Guest Bloggers, Marketing, Squirrelly Thoughts

– Laurel Sutton, Senior Strategist & Linguist at Catchword Brand Name Development CES 2016 (January 6-9, 2016) has come and gone, and, as always, offered up a rich selection of new product and company names for analysis (and occasional mockery). Questionable name choices for “innovative” products pop up every day, but only at CES are… Continue Reading

iPhone 6, Can You Say Nominative Fair Use?

Posted in Advertising, Articles, Branding, Fair Use, Marketing, Technology, Trademarks

We cover a lot of topics related to nominative fair use of trademarks, see here, here, and here for some of those discussions. Does the example below on product packaging from J. Crew qualify for fair use of the iPhone 6 mark? The International Trademark Association would say so: “In general, the following uses are… 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

Fear and Loathing on the Creative Trail

Posted in Branding, Copyrights, Infringement, Marketing, Mixed Bag of Nuts, Trademarks

– James Mahoney, Razor’s Edge Communications Somebody might steal my ideas. I’ve heard this consistently over the years, including in a few conversations this past month. One was with a woman who wants to market her art as greeting cards, but is certain that the “big” card companies would copy her ideas and elbow her… Continue Reading

Snoop Dogg’s Branded Cannabis Among the First, But the Stakes Will Get Higher

Posted in Advertising, Branding, Famous Marks, Guest Bloggers, Marketing, Mixed Bag of Nuts, Trademarks, USPTO

–Jason Voiovich, Chief Customer Officer, Logic PD Who among you is surprised that Snoop Dogg was among the first to create his own marijuana brand? Or that the distinguished list of early entrants includes Willie Nelson and Melissa Etheridge? Like me, you are probably not shocked. Recreational marijuana is “legal” in four states. Medicinal use… Continue Reading

Watch the Informational Refusals, Please!

Posted in Advertising, Articles, Audio, Branding, Look-For Ads, Marketing, Non-Traditional Trademarks, Sound, Trademarks, USPTO

Let’s suppose you conduct sightseeing tours using a tram car, maybe on the boardwalk in New Jersey. Maybe even a famous tram car service you’ve operated since 1949? Let’s further suppose your passengers may get on or off anywhere along the route, as it travels along Wildwoods Boardwalk. Would you think you could own a… Continue Reading

Bright Bulbs Bring Bank Branding Battle

Posted in Advertising, Agreements, Articles, Branding, Famous Marks, Marketing, Technology, Television, Trademarks

Just as the Minnesota Vikings exceed expectations this year and push into the NFL playoffs, the Vikings’ still-unfinished new stadium is producing some interesting (if not expected) branding-related litigation. A major topic of conversation here in the Twin Cities is the 2016 opening of U.S. Bank Stadium, the Vikings’ new home built on the site… Continue Reading

Patent System is not the Fire that Hoverboards Need to Put Out

Posted in Articles, Branding, Idea Protection, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Trademarks

One of the hottest toys during the 2015 holiday season was the hoverboard, and doesn’t that seem about right for this year.   I saw my first hoverboard earlier this summer — a guy was walking and holding hands with his girlfriend, as she glided alongside him on the hoverboard.  If I were to make a… Continue Reading

Jelly Belly Seeks Registration of Candy Shape

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

Last week Jelly Belly Candy Company filed a non-traditional trademark application with the USPTO to federally register the shape of its Jelly Belly candies. The claimed mark is drawn like this: And, described like this: “The mark consists of a candy having a rounded squat kidney-like shape, with one longer side being a continuous arc… Continue Reading

Another Cliche Color Trademark Calamity?

Posted in Advertising, Articles, Branding, Fashion, Goodwill, Infringement, International, Law Suits, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Technology, Trademark Bullying, Trademarks, USPTO

Techdirt is crying foul (again) and this time, wrapping the “trademark bully” mantle around the magenta-colored neck of the T-Mobile brand for enforcing its color trademark against OXY. While I certainly don’t have the details of the dispute (and it appears Techdirt doesn’t either), and OXY hasn’t produced the actual demand correspondence, given the distinctiveness… Continue Reading

PATRÓN Tequila Bottle Design Enforcement?

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Infringement, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks, TTAB, USPTO

When we write about non-traditional trademark enforcement here on DuetsBlog, we almost always are referring to the protection of non-traditional marks like product configurations, product containers, product packaging, color marks, scent marks, tactile marks, and other non-verbal indications of source for a product or service. But, today we’re adding a little twist to our normal… Continue Reading

Locally Sourced, Pasture-Raised, Non-GMO, and coming soon . . . E. Coli Free!

Posted in Advertising, Branding, FDA Approval, Food, Marketing, Mixed Bag of Nuts

Chipotle has certainly had a rough few weeks. With news of at least another 80 people sickened (apparently from a norovirus this time) after eating at a Boston area Chipotle (on top of at least 52 people in six states from E. coli), I can’t help but think of Jack in the Box. For those… Continue Reading

Imitating MILANO Cookies? Pepperidge Farm Remembers.

Posted in Articles, Branding, Dilution, Fair Use, Famous Marks, Food, Infringement, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Taste, Trademarks, USPTO

When a company puts “DISTINCTIVE” on its own packaging, its usually a sign that it highly values its trade dress and product configuration rights. That’s certainly the case for Pepperidge Farm and its Milano cookies. The commercial bakery giant has taken aim at Trader Joe’s, the popular grocery chain, for selling house-branded “Crispy Cookies” that… Continue Reading

On Mastering U.S. Trademark Registration

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

For those interested in learning more about the valuable benefits of federal trademark registration and how to successfully navigate the registration process at the USPTO, it’s time to mark your calendars for an upcoming educational opportunity in Minneapolis on Tuesday February 16, 2016. Here is the official brochure for the event, here is an online… Continue Reading