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Category Archives: Marketing

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Subway Drops Footlong TM from Advertising

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

The last time I was at the airport I snapped this photo showing how Subway finally appears to have dropped its use of the TM symbol in association with the word FOOTLONG: As you will recall, Subway had attempted to federally-register the word FOOTLONG as a trademark for hotdog sandwiches, but Sheetz’ trademark challenge on… Continue Reading

YourBrand.sucks — Unless You Act Now!

Posted in Advertising, Branding, Domain Names, Marketing, Squirrelly Thoughts, Trademarks

As the INTA Annual Meeting winds down, one memory for me that certainly stuck out was an on-site ad campaign revolving around the new “.sucks” top-level domain (“TLD”). Depending on whom you ask, it’s either ingenious or diabolical. Just outside the San Diego Convention Center, the throngs of orange lanyard-wearing conference attendees were greeted by… Continue Reading

Imported from “Dertroit”

Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Fashion, Infringement, Marketing, Social Media, Social Networking

Readers of the blog know the dangers of selling unlicensed apparel and the oft-litigious stance of Major League Baseball when it comes to defending its marks.  But a recent viral t-shirt phenomenon may just be one time the MLB should call off the dogs — or the “BEISBOLCATS,” as it were. The story begins with Dee’s Barber Shop,… Continue Reading

More Imaginative THANN Other Soap Brands

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

On a recent trip to the Washington, D.C. area, I had the opportunity to stay at the Bethesda North Marriott Hotel & Conference Center, and I’ll have to say, as a trademark type, it was difficult to avoid being drawn to their unique and engaging bath soap and packaging: In my experience, most bath soap… Continue Reading

Big Green Egg on Hunt for TM Registration

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

As it turns out, four days after Easter, the USPTO refused registration of the Big Green Egg’s claimed exclusive rights in the shape and color of its popular barbecue smoker and grill: As you will recall, we wrote about this product configuration trademark application, back in December of last year. Here are the challenges raised… Continue Reading

Coke Walks Tightrope in ZERO Branding

Posted in Articles, Branding, Food, Genericide, Infringement, Law Suits, Loss of Rights, Marketing, Trademarks, TTAB, USPTO

As you may recall, last September we wrote about Coca-Cola’s Significant Interest in Zero Marks, discussing Coca-Cola’s defense of a trademark infringement suit brought by an individual named Mirza Baig, who claimed rights in “Naturally Zero” for Canadian natural spring water, and Coca-Cola’s contrasting attempts to own and federally-register various marks containing the term ZERO… Continue Reading

Britto v. Apple: Utilizing the IP Kitchen Sink

Posted in Advertising, Articles, Branding, Copyrights, Counterfeits, Dilution, Fashion, Infringement, Marketing, Non-Traditional Trademarks, Sight, Trademarks

Can an artist’s particular style of art constitute both copyrightable expression and trade dress? Brazilian artist Romero Britto has filed suit against two artists known as “Craig & Karl” for copyright infringement — and since the artists’ work was featured by Apple, Britto has sued the company as well for trade dress infringement. Britto’s complaint, filed in the… Continue Reading

Show, Don’t Tell . . . The Preferred Approach

Posted in Advertising, Almost Advice, Articles, Branding, Genericide, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Technology, Trademarks

FUSE 2015 is off to being yet another amazing, inspiring event for brand strategy and design professionals. The keynote speaker for day one was Eric Quint, Chief Design Officer of 3M, who delivered a very interesting presentation called: “Future Forward: Beyond Design Tourism.” Little did Mr. Quint know that he set the table nicely for… Continue Reading

10 Reasons To Change Your Name

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

- Mark Prus, Principal, NameFlash I’m often asked by companies if they should change the name of a product, service or even the company itself. Here is my shortlist of 10 really good reasons to change your name: People Can’t Pronounce or Spell Your Name – Here are a few of the names chosen by… Continue Reading

Just because you can name your meal replacement product “Soylent”, doesn’t mean you should

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

- Jason Voiovich, Vice President, Marketing, Logic PD   It’s a classic of 1970s dystopian cinema. In “Soylent Green”, Charlton Heston (yep, the very same) struggles through a horrible vision of an overpopulated future where human beings are processed into “Soylent Green” to feed the populace. (The meme-line from this entire movie comes at 1:06… Continue Reading

Bringing Down the Bauhaus for Trademarks?

Posted in Advertising, Almost Advice, Articles, Branding, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Trademarks, TTAB, USPTO

We’ve been spilling a lot of digital ink lately on the topic of non-traditional trademark protection and how the functionality doctrine serves as an absolute bar for such protection. As you know, for some time, we’ve been stressing the importance of close collaboration between trademark and marketing types when it comes to forming public communications… Continue Reading

The Pursuit of Trademark Perfection: Can “40-0″ Function as a Mark?

Posted in Advertising, Branding, Domain Names, Fashion, Infringement, Marketing, Social Media, Trademarks

As Kentucky prepares to square off with Wisconsin in the NCAA Final Four and move one step closer to an undefeated, 40-win season, the University of Kentucky has been dueling with one of its own – a fan and attorney claiming he has already secured trademark rights to “40-0.” But can such a term even… Continue Reading

Five Marketing Secrets Your Brand Can Learn from Recent Data Breaches

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

- Debbie Laskey, MBA Is your industry crowded? Does one brand overshadow the rest of the players in your industry? How can your business stand out? Here are five tips every business can learn about branding from recent data breaches. With countless stories centering on the recent Sony and Anthem data breaches in the mainstream… Continue Reading

The Big Dance Around Trademark Madness

Posted in Advertising, Famous Marks, Guest Bloggers, Infringement, Marketing, Sight, Social Media, Social Networking, Trademarks

- Draeke Weseman, Weseman Law Office, PLLC Last week, the Chicago Sun Times profiled Loeb & Loeb attorney Douglas Masters, the NCAA’s outside counsel in charge of trademark enforcement during March Madness. Licensing the official sponsorships is big business, and enforcement demands require Masters to send out hundreds of cease-and-desist letters to both accidental infringers… Continue Reading

March Madness For INNOVATION

Posted in Advertising, Branding, Food, Marketing, Trademark Bullying, Trademarks

Following a nice evening out chatting with Kevin O’Keefe, it’s time for my favorite weekend of all – the NCAA tournament. Now this post isn’t necessarily about basketball, but rather rivalries. In particular, rivalries between the state of Michigan and the state of North Carolina. Michigan v Duke, Michigan State v. North Carolina…there’s plenty of… Continue Reading

Forget Millennials: The real test market for Big Data monetization is Gen Z

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

- Jason Voiovich, Vice President, Marketing, Logic PD We trade data for access all the time. Facebook, LinkedIn, Google – you name it, if you use these free services, you are explicitly granting them permission to aggregate and disaggregate your data at will. Sure, there are “privacy” settings, but few people actually actively manage them.  … Continue Reading

Trademarks That Violate Public Policy

Posted in Articles, Branding, First Amendment, Law Suits, Marketing, Trademarks, TTAB, USPTO

As our friend John Welch reported last week, the place to be on March 10, 2015, is Washington, D.C., at the 25th Annual “PTO Day,” sponsored by the Intellectual Property Owners Association: John will be part of the panel update on TTAB practice, and I’ll be providing the overview of Section 2(a) of the Lanham… Continue Reading

Crafting an Effective Fair Use Defense

Posted in Advertising, Dilution, Fair Use, Famous Marks, Food, Infringement, Marketing, Trademarks

The beer industry is rife with trademark legal issues. We’ve discussed quite a few here, including disputes over brewery names, attempts to register as a trademark the design of a beer glass, or the longstanding issue of whether all alcoholic products are related for likelihood of confusion purposes. Because of the importance of the beer… Continue Reading

BRANDING FOR STARTUPS

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

- Mark Prus, Principal, NameFlash I’m often hired for name development by entrepreneurs who are starting a business. However, many founders take the “do-it-yourself” approach to name development. Sometimes that works for them, but all too often they make a horrible mistake that is easily preventable. My basis for this conclusion? Here are a few… Continue Reading

Samsung Boards Brandverbing Bandwagon

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

Samsung appears to be the most recent brand to board the brandverbing bandwagon with its Galaxy Note 4 advertising campaign, asking the critical question: Do You Note? Samsung has federally-registered in the U.S. the trademark GALAXY NOTE for smart phones, mobile phones, and tablet computers — note the absence of a disclaimer of NOTE, meaning… Continue Reading