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Category Archives: Marketing

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The Brand With 3 Stripes, Bands, or Stitches?

Posted in Articles, Branding, Famous Marks, Fashion, Infringement, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks, USPTO

We’ve written a lot over the years about Adidas’ three-stripe non-verbal, non-traditional trademark. Turns out, Adidas actually owns a federally-registered trademark for the verbal, spelled-out, look-for advertising equivalent too, called: The Brand With The 3 Stripes®. We haven’t until now probed the meaning of “stripe” though: “A long narrow band or strip, typically of the… Continue Reading

Trick or Trademark? Mars Says Hershey’s Can’t Own “SCARY” Candy.

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

Sandwiched between 90 degree days in a Minnesota summer, the idea of Halloween wasn’t on my radar – until I learned about the latest dispute between candy giants Mars and Hershey’s. Mars and its subsidiary own many well-known candy brands, including M&Ms, Snickers, Twix, Skittles, Life Savers, and others. Not to be outdone, Hershey maintains… Continue Reading

Battle of the Bands and the Clothiers

Posted in Advertising, Branding, Dilution, Fashion, Keyword Ads, Law Suits, Marketing, Trademarks

The famous Coachella Music Festival is held every April in Indio, California. This year Beyoncé, Radiohead, Lorde and several DJs (including DJ Snyder, DJ Kahleel, DJ Shadow) performed. The Coachella Music Festival, LLC and Goldenvoice, LLC (collectively “Coachella Parties”) sued Urban Outfitters, Inc. (“Urban Outfitters”) and its subsidiary Free People of PA LLC (“Free People”)… Continue Reading

Nominative Fair Use of Ride-Share Logos?

Posted in Advertising, Articles, Branding, Fair Use, Infringement, Marketing, Social Media, Trademarks

Earlier this year, we contemplated a suitable, accurate, and efficient generic name for the service category created by the highly-disruptive Uber brand: App-Based Ride Service. A visit to Chicago this past weekend, left me thinking that Ride-Share Service or Ride Sharing are suitable alternatives, that appear to be gaining some traction, as seen here: The… Continue Reading

The Missing Apple Trademarks

Posted in Articles, Branding, Famous Marks, Marketing, Squirrelly Thoughts, Technology, Trademarks

Far be it from me to criticize a company hoarding over $250 billion in cash reserves – but, hey Apple, why aren’t you filing trademark applications? Perhaps no company’s IP portfolio is of greater interest to the general public than Apple, Inc.’s colossus. (If you disagree, find me another website dedicated solely to one company’s… Continue Reading

Rapala’s Public Service Announcement?

Posted in Advertising, Articles, Branding, Marketing, Social Media, Social Networking, Trademarks

Sorry for my delay in reporting Rapala’s annual billboard campaign, which began about a month ago, right around the fishing opener, more on my delay later. As you can see, it reads more like a tongue-in-cheek public service announcement than past billboards, playing on the serious problem of texting while driving. Anglers probably handle their… Continue Reading

Acceptable Identification of Goods/Services

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

Beef jerky is one of my favorite snacks, so while strolling through the Minneapolis skyway, I captured the above floor-to-ceiling advertisement to tell another trademark story. It’s been a while since we’ve written about the importance of brand owners not only thinking hard about their brand names, but also devoting thought and care to the… Continue Reading

An Update on the M22 Road Sign Dispute

Posted in Branding, Law Suits, Marketing, Mixed Bag of Nuts, Trademarks

A brief update on my post last year regarding the “M22” road sign trademark lawsuit, Michigan v. M22 LLC, No. 1:16-cv-01084 (W.D. Mich.) As a quick refresher, Michigan State Highway M-22 is a popular, scenic route that borders Lake Michigan along the Leelanau Peninsula. Along this route, there are numerous “M22” route marker signs. The Michigan company M22 sells… Continue Reading

What Do You Think Of Having ® On Your Store Sign

Posted in Advertising, Branding, International, Marketing, Squirrelly Thoughts, Trademarks

I traveled to Barcelona last week to attend the International Trademark Association (“INTA”) Annual meeting. I arrived at the Barcelona Airport the requisite three hours before your international flight.  During my long stay at the Barcelona airport I saw three store signs with ® on them.  They included the following signs:    Although many stores… Continue Reading

Change Your Name Already!

Posted in Advertising, Almost Advice, Branding, Domain Names, Guest Bloggers, Marketing, Mixed Bag of Nuts, Product Packaging, SoapBox

-Mark Prus, Principal, NameFlash Name Development I sometimes get asked by prospective clients if they should change their name, and I help them evaluate if a change is necessary. But sometimes there are stubborn companies who persist in marketing a name that is not right. Overstock.com is a prime example of this behavior. In early… Continue Reading

The Careful Timing of Trademark Truncation

Posted in Articles, Branding, Loss of Rights, Marketing, Product Packaging, Trademarks, Truncation

A recent stroll through a big box store opened my eyes to a brand of steel toe boots I hadn’t encountered before, take a look at the CAT that will be protecting my son’s toes this Summer: CAT is an excellent example of successful trademark truncation, a single-syllable truncated brand name for the four-syllable CATERPILLAR… Continue Reading

All for Saving the Original Minnesota State Fair Curds, Say Aye, Better Yet . . . #s and @s

Posted in Advertising, Agreements, Articles, Branding, Contracts, Food, Marketing, Social Media, Trademarks

When Aaron Keller of Capsule deeply cares about an issue (in a deeply fried kind of way), it’s hard not to stand up, pay attention, and follow instructions, especially when his picture of golden little nuggetized cheese curds are involved and the Minnesota State Fair is at stake. As you might have discerned over the… Continue Reading

Chartreuse Color Trademark Still on the Loose

Posted in Articles, Branding, International, Law Suits, Marketing, Non-Traditional Trademarks, Sight, Trademarks, USPTO

Back in December we wrote about a trademark infringement case (Weems v. Plews) involving claimed exclusive rights in the color chartreuse as applied to various kinds of hoses. Since then, Plews has been busy trying to short circuit the case and have the unregistered (common law) trademark infringement claims dismissed, contending Weems did not adequately… Continue Reading

Here’s to Calling the Kettle, Brand Too?

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks

The teapot read my post from last week and is not only calling the kettle black, but brand too: So, we’ll have to see whether saying it’s so makes it so, after we stir the pot a bit, of course. Like the previous Virginia Brand ham example, the chip packaging above prominently incorporates the word… Continue Reading

When is a Duck a Goose, or a Ham a Brand?

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

Every once in a while, the word “brand” appearing on product packaging surprises me, because my earlier understanding of the word preceding it spells generic, not brand. Just like the above. Shopping in Whole Foods this past weekend, the above shown VIRGINIA BRAND designation called out like a neon sign from behind the glass of… Continue Reading

Aaron Keller Explains the Physics of Brand

Posted in Articles, Branding, Marketing

We enjoyed connecting with our many friends at Fuse 2017 last week in Miami Beach, and experiencing the larger-than-life Martha Stewart and the living display of her fearless brand. One of the many Fuse highlights was experiencing Aaron Keller explain the Physics of Brand, Capsule’s third book — this one Aaron Keller co-authored with Renee… Continue Reading

Mars – Helping You Work, Rest & Play (and improve blood circulation?)

Posted in Advertising, Infringement, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts, Trademark Bullying, Trademarks

While browsing my daily trademark news and digesting some recent chocolate-related trademark litigation, to be discussed below, I happened upon some interesting discussions and histories of slogans for candy, including in particular, the MARS® chocolate bar. Back in 1960, Mars Inc. debuted its slogan for the MARS® chocolate bar: “A Mars a Day, Helps You Work,… Continue Reading

Parrotheads Can Rejoice As Jimmy Buffett Prevails In Trademark Dispute

Posted in Advertising, Branding, Dilution, Famous Marks, Infringement, Law Suits, Marketing, Trademarks

Jimmy Buffett won a trademark dispute and precluded the applications for “Marijuanaville” marks from registering due to a likelihood of confusion with his famous MARGARITAVILLE® mark for clothing (including shirts and caps), nightclub services, and other goods and services. The Parrotheads, Jimmy Buffett fans, can rejoice in the win. The dispute involved pro se applicant… Continue Reading

The News is Fake, but the Trademarks are Real

Posted in Branding, Marketing, Trademarks

The trademark filings for new political slogans and catchphrases continue. Over the last couple of months, Donald Trump has repeatedly accused various news sources of disseminating “fake news.”  As a result, 14 trademark applications have recently been filed for variations of FAKE NEWS. The goods and services associated with these applications cover a wide range.  Film… Continue Reading

Amazon’s Latest Trademark Battle: A Race Against “Chime”

Posted in Infringement, Law Suits, Marketing, Technology, Trademarks

Last month, Amazon Web Services (“AWS”) announced a new application, Amazon Chime, for online meetings, including video and voice conferencing, chat, and screen sharing. Amazon Chime will compete against a crowd of other well-established products with similar services, such as GoToMeeting, Cisco WebEx, and Skype. Just two weeks after Amazon Chime was announced, on February 22, AWS was… Continue Reading