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Category Archives: Marketing

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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

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