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Category Archives: Mixed Bag of Nuts

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GANGSTER OR NOT

Posted in Mixed Bag of Nuts

As a huge fan of gangster movies, I was intrigued by a recently filed lawsuit in California. Although I am familiar with actor Frank Sivero’s work in “The Godfather: Part II” and in “Goodfellas” (left side of photo below), I am not familiar with the accused “Louie” character on the Simpsons (right side of photo… Continue Reading

Does Your Business Have a Chief Branding Officer?

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

- Debbie Laskey, MBA Who owns the brand in your business? If your business is top heavy with numerous members in the C-Suite, this may be a difficult question to answer if you don’t have a Chief Marketing Officer. Your Chief Sales Officer may claim ownership, or your Chief Information Officer may claim ownership. Perhaps,… Continue Reading

How would a corporation run a country?

Posted in Advertising, Guest Bloggers, Mixed Bag of Nuts, Search Engines, Technology

- Aaron Keller, Managing Principal, Capsule In a recent meeting, someone dropped a forecast on the table stating that Google was on track, in five years, to become the world’s first trillion dollar company (currently they are $382 B). This is built on a virtual monopoly in the area of online advertising and now growing… Continue Reading

Lessons from Improv Class for the Law Firm

Posted in Mixed Bag of Nuts

This month, the greater downtown Minneapolis community is welcoming the Brave New Workshop Student Union to the neighborhood.  Until just a few weeks ago, the improvisational comedy school convened classes at the Brave New Workshop’s original home on Hennepin Avenue in the Uptown neighborhood.  The Minneapolis-St. Paul Business Journal has a piece up about the… Continue Reading

Would Benefit Corporations Benefit from Some Trademark Clarity?

Posted in Genericide, Goodwill, Guest Bloggers, Mixed Bag of Nuts, Non-Traditional Trademarks, Trademarks, Truncation

- Draeke Weseman, Weseman Law Office, PLLC A benefit corporation is the term used when a company is created under corporate law and should not be confused with a “B Corp,” which refers to a company that is certified by B Lab to meet specific standards for social and environmental performance. Why Consider a Benefit… Continue Reading

Another Way the NFL Can Protect the Shield

Posted in Mixed Bag of Nuts

It’s no secret that the NFL is facing a reputation crisis, on a variety of fronts. With 2013 being called “a very bad year” for the NFL, words will be difficult to describe how badly 2014 ends (reputationally), if the league continues on its current path of self-destruction. A common thread to the concussion crisis… Continue Reading

Personal Brand Management for Retirees (…of the NFL)

Posted in Agreements, Branding, Law Suits, Mixed Bag of Nuts, Television, Trademarks

Dozens of former NFL players lit up the federal court docket here in Minnesota with filings on Monday targeted at Defendants including the National Football League, NFL Films, Inc., and NFL Productions, LLC. The retired players’ suits are the latest in a line of cases dating back to about 2009 when former players first brought claims… Continue Reading

Honey Badger Don’t Care, but the Owner of the Trademark Rights Do Care.

Posted in Articles, Branding, Food, Infringement, Law Suits, Mixed Bag of Nuts, Social Media, Trademarks, USPTO

We truly live in an amazing time, where nearly any person with access to a computer can obtain a nearly infinite amount of knowledge, create and distribute ideas and works of art to the entire world. Also, there are lots of cat videos and angry rants. YouTube is perhaps the most well-known and effective means… Continue Reading

Personal Brand: Beware of what Facebook is doing

Posted in Guest Bloggers, Mixed Bag of Nuts, Social Media, Social Networking, Technology

- Aaron Keller, Managing Principal, Capsule There was a time, back in the day, when you could just “Google” yourself and that was the best way to assess the value of your personal brand. Simple quantifiable way to see how many mentions you had on Google’s interwebs (the reference is intentional). And, you could dig… Continue Reading

Claims of Copying a Girl’s Best Friend

Posted in Mixed Bag of Nuts

If you thought this would be about diamonds you are wrong. It is about chocolate! My favorite candy REESE’S Peanut Butter Cup is at the heart of Hershey Co.’s (“Hershey”) recently filed suit against LBB Imports LLC (“LBB”). In other Hershey news, check out Steve Baird’s blog post here. I guess it is not just me… Continue Reading

How Many Hours of Energy Do You Need to Protect a Brand?

Posted in Branding, Fair Use, Famous Marks, Guest Bloggers, Infringement, Law Suits, Marketing, Mixed Bag of Nuts, Product Packaging, Sight, Trademark Bullying, Trademarks

- Draeke Weseman, Weseman Law Office, PLLC The reason Bhargava has won is that he plays tough. Sitting in that cemetery are a dozen or so neon copycats with names like 6-Hour Power and 8-Hour Energy. Each has been sued, bullied or kicked off the market by Living Essentials’ lawyers. In front of each are… Continue Reading

It’s no secret that the future of PINK for Victoria in Europe is anything but rosy

Posted in Branding, Famous Marks, Fashion, Guest Bloggers, Infringement, International, Law Suits, Loss of Rights, Mixed Bag of Nuts, Sight, Trademarks

Simon Bennett, partner and Rachel Cook, associate Fox Williams LLP Victoria’s Secret is likely to be feeling less than angelic following its recent defeat in the UK Courts. The problem? PINK.  PINK is Victoria’s Secret’s entry level brand, aimed at attracting younger customers to Victoria’s Secret, who will ultimately graduate to PINK’s more grown up… Continue Reading

Copyright Watch: Suit over the NCIS Bert the Far***g Hippo

Posted in Copyrights, Infringement, Mixed Bag of Nuts, Television

I can’t even say the word!  Don’t worry, I’ll have to eventually.  Let’s just say the folks at CBS are likely pretty steamed up over getting hauled into court on a smelly copyright suit involving a noisy character from its popular NCIS show. The California designer, developer, and manufacturer of the original “Bert the Farting… Continue Reading

Think before you design. Please.

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

- Aaron Keller, Managing Principal, Capsule The proliferation of tools and tricks in Adobe Photoshop and other photography software has become abundant. This has allowed anyone and their cousin Frank to act in the role of a “designer” and design anything for clients. This has an interesting tie into something we’ve noticed over the past… Continue Reading

Unintended Cultural Confusion

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

- Mark Prus, Principal, NameFlash Recently I discovered a wonderful infographic on the different meanings of colors in various cultures. It got me thinking that people who are branding a product, service or company might be unintentionally offending some of their potential customers. In the use of colors for example, Westerners/Americans would consider grey to… Continue Reading

Farewell

Posted in Mixed Bag of Nuts

- Derek Allen, Attorney – There’s a line in my favorite writer Kurt Vonnegut’s Jailbird that goes “‘Hello and goodbye.’ What else is there to say? Our language is much larger than it needs to be.” I didn’t actually say “hello” in my initial post, so under the Vonnegut test, it looks like this post… Continue Reading

Adam Sandler Is Not Laughing

Posted in Mixed Bag of Nuts

A beloved childhood game is at the heart of an intellectual property dispute.  Landmark Entertainment Group, LLC (“Landmark”) sued Hasbro Studios (“Hasbro”) over the contractual and intellectual property rights in original creative works consisting of the iconic characters, locations, storyline, artwork and environmental elements that make up one of my favorite childhood games, Candy Land…. Continue Reading

NONPROFIT BRAND TINTED WITH – NOT TAINTED BY – LEGAL

Posted in Branding, Goodwill, Guest Bloggers, Infringement, Mixed Bag of Nuts, Trademark Bullying, Trademarks

- Abby V. Reiner, Brand Director, Wounded Warrior Project Fine (red) Lines Nonprofits walk a fine line between wanting everyone to feel a part of the mission without allowing everyone to use its trademarks resulting in dilution or infringement of the brand. Sometimes the very well intentioned can do more harm than good. When a… Continue Reading

Fly the Tasty Skies

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

- Nancy Friedman, Wordworking In mid-June JetBlue, which since its first flights in 2000 had been a single-class “value” airline, introduced its version of first-class service. To signal this departure—forgive the pun—it didn’t give the service a category name such as JetBlue Business. Nor did it follow its own naming conventions and build on the… Continue Reading