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Category Archives: Marketing

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Calling Non-Traditional Trademarks By Name

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

Things that are worth talking about need names. Good, distinctive names are best. As you may recall, last year we wrote this about non-verbal logos needing names: “Marketing types, when brand owners operate in the world of non-verbal logos, isn’t spreading the news by word of mouth more difficult without a word to bring the image… Continue Reading

Why “Hours of Energy Now”?

Posted in Articles, Branding, Food, Marketing, Product Packaging, Sight, Trademarks

Tim, after shopping at Costco over the weekend, the reason why the 5-Hour Energy folks seem so interested in owning “Hours of Energy Now” became more apparent: Does Costco’s Kirkland brand energy drink packaging specimen demonstrate trademark use of the phrase “Hours of Energy Now!” better than those provided by the 5-Hour Energy folks?  

Hours of Energy, But No Trademark Registration

Posted in Advertising, Branding, Fair Use, Food, Marketing, Trademarks, TTAB, USPTO

The energy drink businesses is big, big business. From Red Bull and Monster to that strange 35 ounce purple can that you saw in a gas station once, consumers love energy drinks. Along with Red Bull and Monster, 5-Hour Energy is one of the most successful and recognizable brands. Innovation Ventures, LLC, the owner of the… Continue Reading

FUSE 2014

Posted in Advertising, Branding, Keyword Ads, Look-For Ads, Marketing, Mixed Bag of Nuts, Social Media, Social Networking, Trademarks

As many of you know from Steve Baird’s post earlier this week – Ola Crapola! – we attended the FUSE 2014 Brand Strategy & Design Conference in the Windy City.   It was fun to hang out with creative design and brand people for the last couple of days. The presentation from the Voice Lead from… Continue Reading

Ola Crapola!

Posted in Advertising, Articles, Branding, Food, Genericide, Marketing, Trademarks, USPTO

Crapola sounds like something worth saying on the way to Chicago, after discovering the size of your PowerPoint file is too large to get through the recipient’s firewall, and then realizing the USB flash drive containing your inspiring presentation to FUSE conference attendees remains on your desk back in Minneapolis. Perhaps an even stronger word might be appropriate, if… Continue Reading

Twilight Trademark Trial Now on Horizon

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Goodwill, Infringement, Law Suits, Marketing, Trademark Bullying, Trademarks, USPTO

Another father-daughter trip to Bath & Body Works (BBW) this past weekend revealed that his and her Twilight Woods personal body care products are still available for sale: Still, because ten days ago, the federal district court in the Southern District of New York rejected BBW’s attempt to have the trademark infringement and dilution claims –… Continue Reading

Droning On and On, About A Trademark?

Posted in Articles, Branding, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Technology, Trademarks, USPTO

Months after Amazon’s recent media ploy, drones continue to capture news headlines. Hours ago, an AP story ran, suggesting that the Federal Aviation Administration’s present ban on commercial drones will result in global competitors flying right by the U.S., leaving us in their economic dust, as other countries around the globe embrace the commercial use of drones…. Continue Reading

Packaging that Kills (a Trademark)

Posted in Advertising, Articles, Branding, Food, Genericide, Law Suits, Loss of Rights, Marketing, Product Packaging, Trademarks, TTAB

Killer packaging is a good thing. It can increase sales and establish a stronger emotional bond between the consumer and the product brand. The current packaging of Snack Factory’s Pretzel Crisps pretzel crackers might qualify as killer, but a long-anticipated and important trademark decision issued last Friday relied on an earlier version of the product packaging… Continue Reading

Is Strict Trademark Enforcement Really Possible Anymore?

Posted in Copyrights, Guest Bloggers, Infringement, Marketing, Mixed Bag of Nuts, Social Media, Trademarks

- John Reinan, Senior Director, Media Relations, Fast Horse That is, assuming it ever was. But as a marketer, I often wonder what advice trademark attorneys offer to their clients on enforcement in the Internet age. Every day, I visit websites that make use of (almost certainly) unauthorized photos, logos, videos, slogans and any kind… Continue Reading

Who’s Number One? Shoot for Engagement Over All Else – Lessons from Local Television News

Posted in Branding, Marketing, Mixed Bag of Nuts, Social Media, Television

It’s February — and that means it’s time for local television stations across the nation to get out their measuring sticks.  Here in Minneapolis, and on this day, that notion carries a double meaning.  For one, the local weather forecasts are calling for maybe a foot of snow and blizzard winds after that — so… Continue Reading

There is only one Lord of the (Olympic) Rings…but then there was Sochi

Posted in Advertising, Branding, Fair Use, International, Marketing, Social Media, Television, Trademarks

There is only one Lord of the Ring, only one who can bend it to his will.  And he does not share power.  – Gandalf, Lord of the Rings As we have posted about more than a few times on DuetsBlog over the years (like here and here), the OLYMPICS trademark and the Olympic Rings… Continue Reading

Inventing a Generic Category Name

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

MillerCoors is currently running this Lite Beer ad, promoting the limited edition original can, and taking credit for inventing the light beer category, way back in 1973. It is a great reminder that despite Miller’s determined and long-protracted litigation over its attempt to own the word LITE as a trademark for beer, in the end, it was… Continue Reading

Sochi’s First Meme

Posted in Advertising, Fair Use, Marketing, Television

It didn’t take long for the Sochi Olympics to produce its first meme.  On Saturday night, my girlfriend and I were able to block out the ongoing drama that is Bob Costas’ eye for long enough to watch American figure skater Ashley Wagner put on a solid performance during the team competition.  (We, like many others, are… Continue Reading

Bungle in the Beer Tapper Jungle?

Posted in Almost Advice, Articles, Branding, Copyrights, Counterfeits, Food, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Product Packaging, Sight, Trademarks, USPTO

The Sports Bar in the Mirage Resort & Casino, located in Las Vegas, Nevada, is currently sporting a pretty interesting collection of tap beers, from left to right: Bud Light, Goose Island Honker’s Ale, Stella Artois, Heineken, Dos Equis, Pacifico, Shock Top, Newcastle, Samuel Adams, Budweiser, Goose Island Indian Pale Ale, and Michelob Ultra. What really caught… Continue Reading

Trendifying Adverbially: When Naming Fads Become Epidemics

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

- Nancy Friedman, Wordworking A few years ago I began tracking a trend in startup naming: names that ended in -ly. Adly, Chirply, Letter.ly, Planely, Shoply, Weebly—my first list included 29 such names, some of them dot-coms and some that used the .ly domain (the Libyan country code). My initial impression was that this was… Continue Reading

1ST & TEN at the Super Bowl: The Brand You Probably Don’t Know You Know

Posted in Branding, Marketing, Patents, Technology, Television, Trademarks

The NFL is known as a trademark monetizing machine, and this year’s “POT BOWL” is not without its share of trademark stories.   It was recently reported that running back Marshawn Lynch of the Seahawks makes six-figures (for charity) from licensing his BEAST MODE trademark.  Both the Broncos and the Seahawks have battled with Texas… Continue Reading

Clark the Cub vs. The Internet

Posted in Branding, Marketing

As a long-suffering Cubs fan (I blame my dad for introducing me to the team, while I’m sure he blames my grandpa for doing the same thing to him), I was thrilled when the team announced that it had signed Japanese ace Masahiro Tanaka.  Just kidding — they wouldn’t dare to do anything that would give fans… Continue Reading

How YouTube Can Revolutionize Your Brand

Posted in Guest Bloggers, Marketing, Mixed Bag of Nuts, Social Media, Social Networking, Technology

- David Preston At its onset, YouTube was a hub of amateur videos used mostly to get a laugh out of a worldwide audience. However, today it has graduated to become the stomping ground of professionals, businesses, celebrities and even The White House. However, for many businesses, especially small businesses, YouTube can be a daunting… Continue Reading