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Category Archives: Mixed Bag of Nuts

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Black Friday Flying

Posted in Mixed Bag of Nuts

Many of you probably hopped aboard a plane this weekend to spend Thanksgiving with family and friends, but the flight experience often feels like a Black Friday shopping experience.  Passengers get to the airport hours before takeoff, where they wait in long lines among strangers before getting crammed into a seat that they purchased on… Continue Reading

3D Scanning Jesus in Brazil

Posted in Advertising, Copyrights, Guest Bloggers, Infringement, Mixed Bag of Nuts, Technology, Trademarks

– Derek Mathers, Business Development Manager, Worrell Last week, in the 3D printing class I teach at the University of Minnesota, we discussed the legal and ethical issues surrounding the replication of physical goods and intellectual property. Typically, this conversation involves issues like the increasing availability of 3D printable gun files, replicating secret objects from… Continue Reading

Pronounce this, Utepils, and I’ll buy you a beer.

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

—Aaron Keller, Managing Principal at Capsule Here’s something to rock the stereocilia on the inside of your ears for awhile. How do you pronounce this beer name? Utepils You T Pills? Oot Er Pillss? Ute Pills? A tee pills? You Tee Piles? You T P ills? Any other possibilities? The Minnesota brand has claimed it is Norwegian… Continue Reading

The Other Border Patrol

Posted in Mixed Bag of Nuts

With all the flaming rhetoric going on these days relating to immigration, refugees, and border fences, I thought now might be a good time to introduce (or reintroduce) the world to a heavy hitter in the intellectual property border patrol:  the International Trade Commission.  I suspect few people know specifically what the ITC can do, or  the broad implications… Continue Reading

Technology and Trademark Tantrums

Posted in Advertising, Fair Use, Famous Marks, Food, Guest Bloggers, Infringement, Law Suits, Mixed Bag of Nuts, Technology, Trademarks

– Draeke Weseman, Weseman Law Office, PLLC Things that can potentially upset people can also really benefit a lot of people. —Aktarer Zaman, Founder of Skiplagged Last week, Tim wrote a great post about a recent lawsuit filed by In-N-Out Burger against DoorDash, a food delivery startup. DoorDash is an on-demand delivery service that allows… Continue Reading

Peeple who need people

Posted in Branding, Guest Bloggers, Idea Protection, Infringement, Mixed Bag of Nuts, Squirrelly Thoughts, Trademarks

– Laurel Sutton, Senior Strategist & Linguist at Catchword Brand Name Development In late September of 2015, tech media worked itself into a frenzy about the launch of an app called Peeple, which was supposed to give everyone the opportunity to rate and review every person you know. “People do so much research when they… Continue Reading


Posted in Famous Marks, First Amendment, Law Suits, Loss of Rights, Mixed Bag of Nuts, Trademarks, TTAB

  In appealing the cancellation of six trademarks, the Washington Redskins filed their opening brief in the Fourth Circuit this week.  Cancellation of the team’s REDSKINS trademarks was upheld by a federal district court in July.  The marks were deemed “disparaging” under Section 2(a) of the Lanham Act, which denies trademark protection to marks that… Continue Reading

The Board Lends a Blow to Celebrities

Posted in Famous Marks, Fashion, Marketing, Mixed Bag of Nuts, Technology, Trademarks, TTAB

The celebrity known as will.i.am from the musical group the Black Eyed Peas sought to register three marks for “I AM” in connection with cosmetics, cell phones, artificial eyelashes, sunglasses, and brass wrist cuff bracelets, among other goods. In three precedential opinions,the Trademark Trial and Appeal Board (“Board”) refused to register these marks based on… Continue Reading

Louisville Slugger and the Flying Dutchman

Posted in Agreements, Infringement, Law Suits, Mixed Bag of Nuts, Trademarks

Honus Wagner (aka the Flying Dutchman) was one of early baseball’s great players. He was actually among the original five inducted into the Baseball Hall of Fame in 1936 – along with Ty Cobb, Babe Ruth, Christy Mathewson, and Walter Johnson. In 1905 he joined with Louisville Slugger to produce the first baseball bat with… Continue Reading

Fallout for the “Made in Germany” Brand

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

The “Made in Germany” brand has undoubtedly taken a hit in the past few weeks. The brand, along with the phrases “German engineering”, “German engineered”, etc. have made their way into just about every advertisement for goods coming from German companies. Volkswagen made the theme part of its advertising campaign, perhaps more than any other… Continue Reading

Content Infringement in the Age of Social Media

Posted in Copyrights, Guest Bloggers, Infringement, Mixed Bag of Nuts, Social Media

– Debbie Laskey, MBA These days, as newspapers and magazines are on the wane, it seems as if anyone who can write has become an online journalist to promote his or her area of expertise. In social media lingo, the title is now known as a “blogger.” According to Wikipedia, “A blogger is a person… Continue Reading

Is Gatorade Gonna Hate Hate Hate?

Posted in Mixed Bag of Nuts

It may be because I attended her concert last weekend, but a new trademark lawsuit brought by the owner of the GATORADE mark made me think of Taylor Swift. One of her popular songs, “Shake it Off” has a chorus that says, “Haters gonna hate hate hate.” (I digress, but Ms. Swift has been involved… Continue Reading

“Feel the Bern” and Other Questionable Campaign Slogans

Posted in Advertising, Branding, Guest Bloggers, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts

– Laurel Sutton, Senior Strategist & Linguist at Catchword Brand Name Development As Americans are all aware, the presidential campaigns are in full swing, more than a year before the actual election. (There are also holiday decorations for sale in Costco, months before the holiday season. We just can’t wait for some things, I guess.)… Continue Reading

Cheap Flights for Flying Blind

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

European discount airline Germanwings has a practice it calls “Blind Booking”. The concept is straightforward. Essentially you don’t know your destination city until after you have booked the flight. But for €33 (approximately $37) each way you get pretty cheap tickets in exchange for a bit a flexibility. This is basically the airline version of… Continue Reading

The Uber Tax Timebomb

Posted in Guest Bloggers, Mixed Bag of Nuts

– James Mahoney, Razor’s Edge Communications In our first foray into self-employment, many of us experienced the sticker-shock of being on the hook not only for our “own” payroll taxes, but also for the portion formerly covered by our employers. The shock is bigger for the uninitiated who don’t understand, or ignore, that no one… Continue Reading

Very Superstitious

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

– Mark Prus, Principal, NameFlash “Very superstitious, writings on the wall, Very superstitious, ladders bout’ to fall.” “When you believe in things that you don’t understand, then you suffer. Superstition ain’t the way.” – Stevie Wonder lyrics for Superstition With all due respect to Mr. Wonder, when it comes to branding, superstition may actually be… Continue Reading

Do EU principles of free movement trump trade mark rights or vice versa?

Posted in Branding, Fair Use, Guest Bloggers, Infringement, Law Suits, Marketing, Mixed Bag of Nuts, Patents, Trademarks

Lauren Millward, Solicitor, Browne Jacobson LLP In recent times trade mark law in the UK has developed to comply with the fundamental principles of the EU including the free movement of goods and services within the EU. The decision of the Court of Appeal in the UK in Speciality European Pharma Ltd v Doncaster Pharmaceuticals… Continue Reading

Personal Branding with the Right to be Forgotten

Posted in Branding, International, Mixed Bag of Nuts, Search Engines, Social Media, Social Networking

Everyone has a brand.  Through every interaction and impression we leave in the minds of others, each of us builds on our own personal brand.  In the Internet age, and particularly with the advent of social media, our personal brands are more definable than ever.  Googling anyone but the most stalwart off-the-grid enthusiast will usually… Continue Reading