—Ellie Drotning, Graphic Designer When I hear a well-known brand has redesigned its mark, I’m like a kid on Christmas morning. For a graphic designer with a particular penchant for logos and branding, a new logo is like a gift I can’t wait to tear open. But when I got my first look at J…. Continue Reading
Category Archives: Mixed Bag of Nuts
Subscribe to Mixed Bag of Nuts RSS FeedLouboutin Red-Sole & Surrounding Contrast: An Implied Trademark Limitation
Posted in Articles, Branding, Fair Use, Infringement, International, Law Suits, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Sight, TrademarksThe Louboutin lacquered red sole trademark is the subject of great debate in the trademark world, fashion industry, popular news media, and among law school academics and friends of the court. I’m just not seeing it. I really don’t see a viable trademark claim here for Louboutin. Not for the reasons found by the district court — I… Continue Reading
Creepy. Distasteful. But not at all surprising. The Blue Ivy Trademark.
Posted in Branding, Guest Bloggers, Mixed Bag of Nuts, TrademarksBrand valuation and kids: Jay-Z, Beyonce and The Blue Ivy brand
Redefining a Trademark Bully?
Posted in Almost Advice, Articles, False Advertising, Mixed Bag of Nuts, SoapBox, TrademarksWe’ve spilled a lot of digital ink discussing the trademark bullying topic, going all the way back to my original blog post from 2010: ”The Mark of a Real Trademark Bully.” Within the last several days, there has been quite a bit of online media coverage about Trademarkia’s new features that tout an ability to “Find… Continue Reading
Memories: Some of Your Apparent Favorites from 2011
Posted in Mixed Bag of NutsHere are some of your apparently favorite memories from 2011, note not all were published in 2011, there are some oldies but goodies mixed in too: Which Non-Verbal Logo Doesn’t Belong? You Mess with Red Bull, You Get the Horns! Taylor Swift’s Signature Trademark? "Hot Wheels" Casino Promotion: Apparently Not a Toy Story Samuel Adams… Continue Reading
Happy 4th of July!
Posted in Mixed Bag of NutsRevisiting The Phantom of the 4th.
Trademark Bull?
Posted in Advertising, Branding, Food, Look-For Ads, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Sight, TrademarksIn the midst of all our discussion about "trademark bullying," I couldn’t resist picking up this "No Bull" postcard from Manny’s Steakhouse in Minneapolis, Minnesota. You may recall Dan previously wrote about Manny’s promoting similar images with the phrase "One Helluva Sac Lunch". Dan also noted the irony of the best beef coming from steers, not… Continue Reading
Duey is Two!
Posted in Guest Bloggers, Mixed Bag of Nuts, SoapBox, Squirrelly Thoughts, TrademarksToday marks the second anniversary for DuetsBlog. So, Duey is two! As shown above, a number of Duey’s family members and friends attended the festivities. Besides, noting the more than 700 posts over the last two years, the more than 900 comments, and the nearly 600,000 visits, Duey celebrated DuetsBlog being named one of the "Top 50… Continue Reading
Advanced Trademark Law Afternoon Program
Posted in Mixed Bag of Nuts, TrademarksIt appears I have overlooked highlighting to our readers an upcoming opportunity to advance and hone your trademark knowledge and perspective. Here is a link to the pdf brochure for the event. On Wednesday March 2, starting at 1:15 PM (after the conclusion of the morning session on Introduction to Trademark Law), in downtown Minneapolis, we’ll be discussing these… Continue Reading
Minneapolis Trademark Seminar Countdown
Posted in Mixed Bag of Nuts, TrademarksGentle reminder: This is your chance to get a solid introduction to trademark law and what some call trademarking. This amazing half day program on March 2, 2011, is being held in downtown Minneapolis, a pdf of the brochure is here. The speakers for the 9 AM CST morning session include: Stephen R. Baird, Winthrop & Weinstine, P.A…. Continue Reading
Wanted: IP Attorney
Posted in Mixed Bag of NutsAs you may have guessed from our announcement yesterday, in bidding farewell to our talented colleague and fellow-blogger Karen Brennan, we are looking for someone who can attempt to fill Karen’s shoes as an associate attorney in the Intellectual Property Department at Winthrop & Weinstine, P.A. Our posting for the position on Bench & Bar of Minnesota is here. If you’re up to the… Continue Reading
Farewell to Karen Brennan
Posted in Mixed Bag of NutsIt is with great sorrow that we bid farewell to Karen Brennan, who is moving on to greener in-house pastures, as Corporate IP Counsel with United Health Group. Having said that, we fully recognize it is a wonderful and significant opportunity for Karen, so we wish her the very best in her new position. We will miss Karen’s significant… Continue Reading
40 From 2010: Memory Lane on DuetsBlog
Posted in Mixed Bag of NutsAs we approach the end of the year, we thought it might be a good opportunity to take a brief trip down memory lane, to identify, remind you of, and/or introduce you to what appear to be some of the most popular DuetsBlog posts during 2010 (ordered by date, not by popularity): How Realistic is the Risk of Trademark Genericide? Open Source Software in… Continue Reading
A Dickensian Portrait of Christmas Day
Posted in Advertising, Food, Goodwill, Marketing, Mixed Bag of Nuts, Sight, Smell, Sound, Taste, TouchI’ve often thought that copy writers could do worse than to make a close study of some of Charles Dickens’ work. Perhaps too wordy a model for most copy, especially advertising and marketing copy, but he could paint a picture with words. [T]he people who were shovelling away on the housetops were jovial and full… Continue Reading
Roof Collapse at Mall of America (Field)
Posted in Mixed Bag of NutsDo you suppose that the Mall of America ever thought about its brand name being associated with a "roof collapse" when it signed on and paid for the naming rights at the aging Mall of America Field, the nearly thirty year old inflatable indoor venue "formerly known as" the Hubert H. Humphrey Metrodome, located in Minneapolis, Minnesota? Having seen this image, the above… Continue Reading
Get Cozy and Toss Another Log on the Fire
Posted in Mixed Bag of NutsBecause, we plan to be here a while longer . . . . As DuetsBlog approaches the legal drinking age (whoops, I guess we’re only about 21 months old, not years, sorry), we’d like to pay special thanks to our guest bloggers, our loyal readers, our friends who spread the word through their tweets and in other ways, and especially… Continue Reading
Timeless Trademarks?
Posted in Mixed Bag of NutsBeneath the large umbrella of the law known as Intellectual Property (or simply, IP), one of the badges of superiority that trademark lawyers are able to brag up to their patent and copyright colleagues is that trademark rights are capable of lasting forever – there are no term limits – so, the underlying legal rights can be truly timeless, provided, of course, they continue to be… Continue Reading
Trolls-R-Us?
Posted in Mixed Bag of NutsReally, Trolls-R-Us? Seriously, I stumbled upon the above web site last evening (without using this online tool), doing some research for a future blog post on trolls, and it really left me with just one question. No need to dwell on such mundane topics as likelihood of confusion, dilution, or even fair use defenses, instead, I was left wondering, just how many… Continue Reading
Can You Rollerblade On K2 Brand In-Line Skates?
Posted in Mixed Bag of NutsThese kinds of signs — that appear to single out Rollerblade brand in-line skate loyalists – are all over the place. This one happens to be in the parking garage I use in downtown Minneapolis. To understand why the Rollerblade brand may find itself in this perilous position, read on, here. For some additional reading on the related question of verbing brands, take a… Continue Reading
El Pollo Loco Goes Loco on Minnesota Restaurant Name
Posted in Mixed Bag of Nuts, Sight, TrademarksWhenever I return from a trip from California, I am always surprised at the number of people who ask whether I visited the palace of hamburgers known as In-N-Out. I’m not much of a burger fan, so my trips to that establishment are rare. I try, however, never to miss a trip to El Pollo… Continue Reading
Ringy Dingy: A Handy PR Tool for Trademark Lawyers
Posted in Mixed Bag of NutsYears ago I recall hearing a veteran trademark lawyer warn intellectual property continuing legal education attendees, "When your toolbox only has a hammer in it, everything in your world starts to look like a nail." Fair enough. It’s time for all of us to revisit the contents of our professional toolbox. Last week, following the firestorm of criticism surrounding Best Buy’s cease and desist… Continue Reading
To Sponsor or Ambush? Part II – The Ambushers
Posted in Mixed Bag of NutsAs promised, here are the ambush ads in direct competition with the FIFA sponsors shown yesterday. Are these companies deceptively benefiting from these ads? Please share your thoughts. Pepsi: Nike: Carlsberg:
IP Grammar . . . and Those Who Cringe About It
Posted in Mixed Bag of NutsLast September, in my blog post entitled "What Does Trademarked Mean to You?," I wrote: More than a few trademark types cringe when their clients or others say things like "let’s trademark it," "they didn’t trademark their logo," or "we don’t want to trademark this name," and, when they ask questions like "is it trademarked?"… Continue Reading
Who’s Your Daddy?
Posted in Mixed Bag of NutsIt’s hard to beat hearing a young child wake up saying, "Happy Father’s Day, Dad," without adult prompting. Thanks, little man. On that note, it seems fitting to ponder the origin of the well-known, if not famous phrase "Who’s Your Daddy?" Wikipedia notes the early lyrical use of the phrase by the Zombies in the 1968 hit… Continue Reading
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Duets Blog Authors
Steve Baird
Just so you know, I'm all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, "Who owns these brands" and "Did they really register those marks?" More...
Dan Kelly
You can call me a “non-traditional” attorney, which is a polite way of saying that I did not attend law school straight out of college. I spent five of my first six years after college as a junior high school teacher. The other year I worked as an engineer for a large corporation. More...
Sharon Armstrong
Voted most likely to become an actress while in pre-school, I don’t think I surprised anyone by becoming a lawyer, the steadiest professional gig open to those with a flair for the dramatic. More...
Brent Lorentz
Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. More...
Catlan McCurdy
Having long been told by my parents that I could do or be anything I wanted, I chose at the age of 10 to become an attorney, as it was the career that would most likely lead me to my goal of becoming the first woman POTUS.More...
Tiffany Blofield
Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else. More...
Brad Walz
My law career started on the ice…as a defensive hockey player (we’re not talking professionally…and if I were, I probably wouldn’t have gotten into law). More...
Susan Perera
Born into the world with an aptitude for science and an affinity for art I found my career path quickly chosen for me. More...
Joy S. Newborg
When I took a personality/career test in high school to determine which path in life I should follow, I was told I should either be in broadcast journalism or law. So after I went to undergraduate school for broadcast journalism and film/television, I went on to obtain my law degree from the University of Minnesota. More...
Derek Allen
In hindsight, writing about creativity and the law may have always been in the cards for me. I began training for a career in litigation at an early age by finding ways to disagree with pretty much anyone about pretty much anything. In my longest-running “case,” I argued with my middle school math teacher, Mrs. Jabs, for the better part of four years over whether, even if I got the right answer, I had to show my work to get full credit. More...
Laura Gutierrez
An attorney I am not. Though told to become one, I don't possess those qualities needed to be an effective one (I lack confrontation skills, and although I can write a great argumentative essay, I can’t argue outside a sheet of paper). More...