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Category Archives: Marketing

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The NFL’s Super Bowl Trademark Nonsense

Posted in Advertising, Articles, Fair Use, First Amendment, Infringement, Marketing, SoapBox, Television, Trademark Bullying, Trademarks

It’s that time of year again. Time to tiptoe around and avoid use of or make any reference to the Super Bowl. Whoops. Anyway, we’ve discussed this phenomenon before: Insuring a Great Super Bowl Trademark Fight Fair Use of Super Bowl Trademark? Super (Bowl) Sunday, Ads Coming Soon Advertisers — fearful of NFL legal action… Continue Reading

We Prefer A More Subtle, Delicate Approach

Posted in Advertising, Almost Advice, Articles, Branding, Guest Bloggers, Look-For Ads, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, SoapBox, Squirrelly Thoughts, Trademarks

For those of you who have been with us since the beginning of this wonderful collaboration of legal and marketing types, known as DuetsBlog, you also know we have a mascot dubbed Duey — he’s depicted in the squirrel graphic at the top of this page. Here is his story, as told by Aaron Keller… Continue Reading

Owning the Visual Identity of a Generic Word

Posted in Almost Advice, Articles, Branding, Food, Genericide, Infringement, Law Suits, Loss of Rights, Marketing, Trademark Bullying, Trademarks

Unless you have created a highly stylized, distinctive, graphic representation of a generic designation, perhaps something like the Miller Lite script, don’t bother trying to own or enforce it:   Most likely, you’ll end up regretting the decision to enforce, when the court of public opinion weighs in, after the social media shame-wagon flogs it… Continue Reading

Topics of Conversation for Your College Football Playoff Party

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

- Draeke Weseman, Weseman Law Office, PLLC On Monday, the University of Oregon and The Ohio State University will play in college football’s first College Football Playoff championship game. DuetsBlog has previously covered the trademark issues surrounding BCS Properties’ attempt to register College Football Playoff as a trademark in connection with college football playoff games… Continue Reading

A December for Configuration Trademarks?

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

Every now and then it’s worth checking in at the USPTO to see what’s cooking in the world of non-traditional product configuration trademarks: As it turns out, the Big Green Egg is seeking to be more than a word mark — two days before Christmas, a federal trademark application was filed for the product shape… Continue Reading

An Energized Trademark Monster?

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

Three months ago we discussed a “trademark bullying” allegation against Monster Energy, detailed in a declaratory judgment complaint filed in Montana federal district court by energy-drink competitor Victory Energize. Last week, Law360 reported the case settled on confidential terms, and the claims were dismissed with prejudice, at Victory Energize’s request, so the “trademark bullying” charge… Continue Reading

The Strange Case of Strange Fruit

Posted in Branding, Guest Bloggers, Marketing, Mixed Bag of Nuts, Search Engines, Social Media, Social Networking

- Laurel Sutton, Senior Strategist at Catchword Brand Name Development Of all the marketing people in the biz, you’d think a PR firm would have the best instincts for names that appeal, rather than repel, the public at large. A firm in Austin, Texas that specializes in food and drink recently chose the name Perennial… Continue Reading

Top 10 Branding Tips Using PR

Posted in Advertising, Branding, Goodwill, Guest Bloggers, Marketing, Mixed Bag of Nuts, Social Media, Social Networking

- Debbie Laskey, MBA There is an often-overlooked aspect of marketing that can be considered a distant relative. Public relations, also referred to as PR, is this sometimes forgotten but very important component of marketing promotions. At its core, PR can be defined as managing a brand’s image and reputation, but it touches all aspects… Continue Reading

Bo Knows, How To Beat a Trademark Bully

Posted in Advertising, Articles, Branding, Food, Marketing, Social Media, Trademark Bullying, Trademarks, TTAB, USPTO

This Bo might not have won the Heisman Trophy, he might not have played in the NFL or MLB, he might not have enjoyed a lucrative Nike endorsement deal, and he might not have been named ESPN’s greatest athlete of all time, but this Bo — the defiant Vermonter, a/k/a Bo Muller-Moore, knows how to… Continue Reading

Squeezing the Most Out of a Product Feature

Posted in Advertising, Branding, Goodwill, Guest Bloggers, Idea Protection, Marketing, Mixed Bag of Nuts, Patents, Product Packaging, Trademarks

- Draeke Weseman, Weseman Law Office, PLLC Some folks sing in the shower. Others critique the packaging of their face cleanser.  Garnier’s Clean+ Purifying Foam Cleanser is a good cleanser packaged in a plain-looking bottle. The bottle looks like your normal foam dispenser, and, picking it up for the first time, you would expect to… Continue Reading

No IP Holes in this Crystal Head

Posted in Advertising, Articles, Branding, Food, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Product Packaging, Sight, Trademarks, USPTO

We’ve spilled a lot of digital ink here over the past several years discussing the protection of non-traditional trademarks. We’ve also written about the importance of layering various intellectual property rights (trademark, copyright, and patent) to accomplish the competitive goals of a business. And, we’ve enjoyed writing about non-traditional vodka branding here and here. Today,… Continue Reading

The Shiny Bright Red Holiday Star Brand(s)

Posted in Advertising, Articles, Branding, Famous Marks, Food, Goodwill, Infringement, Marketing, Non-Traditional Trademarks, Television, Trademarks

In the context of the holiday season, what comes to mind when you see a shiny bright red star? If you’re reading this post from Russia, perhaps the top of a New Year Tree is brought to mind. Of course, I have brands on my mind, and it has been hard to miss the barrage… Continue Reading

Thanksgiving Feast: ABA Journal’s Blawg 100

Posted in Advertising, Branding, Guest Bloggers, Marketing, Trademarks

Thanksgiving is coming a couple of days early here at DuetsBlog. We have been minding our business — doing what we do best — fresh branding, trademark, and IP content and insights here five days a week, always thankful for the wonderful contributions from our talented guest bloggers, and staying inspired to write even more… Continue Reading

Mmm (Mmm, Good) Coca-Cola?

Posted in Advertising, Articles, Branding, Food, Marketing, Sound, Trademarks

Love the recent holiday billboard ad for the beloved Coca-Cola brand! Having said that, whenever I see branding around the sound Mmm, for food and beverage products, even if it is only one Mmm, and not back-to-back Mmm, Mmms, I’m thinking old school: Campbell’s Soup. No wonder, Campbell’s M’M! M’M! GOOD! slogan has lasted nearly… Continue Reading

TRENDING: Minnesota’s Midwestern “Identity Crisis”

Posted in Advertising, Branding, Marketing, Mixed Bag of Nuts, SoapBox

The usual suspects did it again Tuesday.  My Minnesota friends who, like me, tend to indulge in a bit too much Minnesota-centric navel gazing took high interest to a Minneapolis Star Tribune column that posed an interesting question: “Does Minnesota’s region have an identity crisis?”  My Facebook feed lit up with links to Kim Ode’s… Continue Reading

Villainous Big Brands

Posted in Branding, Famous Marks, Guest Bloggers, Marketing, Mixed Bag of Nuts, Social Media

- Chuck Sanchez, BatesMeron Sweet Design  Comcast. Electronic Arts. AT&T. Walmart. Dell. Time Warner. Fox News. McDonald’s. Chances are, at least one of those company names kind of pissed you off just now. Despite this likelihood, each of these brands is immediately recognizable due to widespread financial success in its respective industry. So must a… Continue Reading

Does the United States Patent and Trademark Office Perpetuate Sexism in Branding?

Posted in Advertising, Branding, First Amendment, Guest Bloggers, Marketing, Mixed Bag of Nuts, Trademarks, TTAB, USPTO

- Draeke Weseman, Weseman Law Office, PLLC Now the dilemma…what to name the place. Simple. What else brings a gleam to men’s eyes everywhere besides beer, chicken wings and an occasional winning football season? Hence the name Hooters. Supposedly they were into owls. Strange. — Hooters  This NFL season, civil rights advocates continue to make… Continue Reading

Photoshopping: One Lingerie Company is Bucking the Trend while Making a Buck

Posted in Advertising, Branding, Fashion, Goodwill, Marketing

It’s no secret that the advertising industry relies heavily on physical appearance to sell products, especially for clothing, accessories, and even cheeseburgers. About a year ago, Brent (Lorentz, of the fellow Duets Blogger fame) discussed the prevalence of unrealistic expectations of beauty in advertising. As Brent mentioned, while ethical standards are applied to all sorts of industries,… Continue Reading

Mayhem: Ahem, Metaphorically Speaking

Posted in Advertising, Articles, Branding, Marketing, Non-Traditional Trademarks, Sight, Television, Trademarks, USPTO

Metaphors are a good choice for trademarks. A metaphor typically requires some thought, imagination or perception to understand the connection between the mark and what’s for sale. Remember what a floating feather might suggest metaphorically? Yes, a good night’s sleep. So, the symbol works well as a distinctive non-verbal trademark for a pharmaceutical sleep aid…. Continue Reading