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Category Archives: Mixed Bag of Nuts

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It’s Not Easy Being Green…Or Is It.

By on Posted in Mixed Bag of Nuts

Anyone that watches TV or reads magazine or listens to the radio or otherwise participates in the day-to-day interactions with society know that “green” marketing is a hot item right now.  Normally, I suffer silently through the endless barrage of “green” this and “eco-friendly” that, content with the knowledge that this too, shall pass. When… Continue Reading

Banksy, I Thought We Were Friends

By on Posted in Advertising, Branding, Idea Protection, Marketing, Mixed Bag of Nuts, SoapBox, Squirrelly Thoughts

I have blogged before about one of my favorite graffiti artists, Banksy. Recently there has been some buzz in the ad world about another provocative work attributed to him. It involves a well-known bottle and trademark that Steve has been posting about frequently over the past several weeks. Normally I would post an image of it here, but… Continue Reading

The Hairy Underside of the Butt-Billboard Campaign

By on Posted in Guest Bloggers, Marketing, Mixed Bag of Nuts

- James Mahoney, Razor’s Edge Communications Not long ago, Steve Baird posted a commentary on a colonoscopy campaign that featured attention-getting, humorous (to some) butt jokes. I liked ‘em. Thought they were clever and effective. Beyond making me think of my guts, though, they also brought to mind a conversation I had with a mentor a… Continue Reading

Are You Famous Enough?

By on Posted in Advertising, Branding, Famous Marks, Food, Marketing, Mixed Bag of Nuts, Trademarks

If you are Samuel R. Mott, founder of Mott’s LLP, apparently the answer is no.  Mott’s LLP filed applications to register “MOTT’S” for “baby foods” and “packaged combinations consisting of fresh fruit.”  (Serial Nos. 85/374,805 & 85/436,615) The Trademark Trial and Appeal Board (“the Board”) refused to register the marks set forth in these applications… Continue Reading

Happiness is a Federally-Registered Mark

By on Posted in Famous Marks, Food, Mixed Bag of Nuts, Trademarks, USPTO

It should be no surprise that the famous Coca-Cola brand name is federally-registered. One of the many significant benefits of federal registration is the USPTO’s obligation to refuse registration of third party marks that are likely to confuse — most importantly, without the prompting or involvement of the prior trademark registrant. No doubt Coca-Cola will… Continue Reading

“Frankenstein” Class Action Suit Against YouTube Dies in Court…For Now

By on Posted in Copyrights, Guest Bloggers, Infringement, Law Suits, Mixed Bag of Nuts, Social Media, Social Networking, Technology

- Ryan Francis, Law Student, William Mitchell Law School      vs.   Is he alive? Not really, but the Manhattan Second District Court recently referenced the Frankenstein monster in The Football Ass’n Premiere League Ltd. v. YouTube Inc., No. 07 CIV. 3582 LLS, 2013 WL 2096411 (S.D.N.Y. May 15, 2013). In this case, plaintiffs alleged… Continue Reading

Is Product Placement Out of Place? Not Yet

By on Posted in Advertising, Branding, Guest Bloggers, Mixed Bag of Nuts

- John Reinan, Senior Director, Media Relations, Fast Horse Steve Baird recently wrote about the use of real brand names on fictional products in entertainment. Branching off from that thought, I began wondering about the future of product placement in TV, movies and online entertainment (also known as embedded marketing). Product placement has been around… Continue Reading

Electronic Arts Takes One In The Kisser

By on Posted in Mixed Bag of Nuts

For some time now, Electronic Arts–purveyor of sports video games–has been embroiled in disputes relating to using the likenesses of former college athletes without providing them appropriate remuneration.  There has been the Bill Russell / Ed O’Bannon antitrust suit.  (Names that would never be uttered in the same sentence but for this lawsuit.)  There has… Continue Reading

A Question, a Funny and a Curiosity: Three Things Coming from a Trip to New York City

By on Posted in Advertising, Branding, Guest Bloggers, Marketing, Mixed Bag of Nuts

First, the curiosity, when you see a gaggle of characters and then notice they all have “tip purses” in some form with their respective costumes, beware. In a visit with a media company in Times Square (Viacom specifically) we had to pass a few of these characters who were looking to have their photo taken… Continue Reading

Are TV & Digital Mutually Exclusive? Not at All: Why Multi-Channel Marketing Makes Sense

By on Posted in Advertising, Branding, Guest Bloggers, Marketing, Mixed Bag of Nuts, Social Media, Social Networking, Technology, Television

- David Mitchel, Director of Marketing – Distribion, Inc. AdAge posted an article today featuring CBS CEO Les Moonves commenting why his network is a better fit for media buyers than digital media. One quote attributed to Moonves was: “If you need to reach a mass audience, you’re not going to get that online….We figured… Continue Reading

Farewell, Duets

By on Posted in Mixed Bag of Nuts

–Catlan McCurdy, Attorney Well, Duets, I have some bad news. I’m hitting the road. It wasn’t anything you did, seriously. It really is me, not you. I’m relocating to Washington DC, and while I may pop up as a guest blogger, this may be the last time we see each other officially. It’s been almost… Continue Reading

Oh Ketchup…I’m Just Not That Into You: Understanding the Value of Fluid Trademarks

By on Posted in Advertising, Branding, Famous Marks, Guest Bloggers, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Product Configurations, Product Packaging, Trademarks

- Jason Voiovich, Director of Corporate Marketing, Logic PD Don’t get me wrong.  My two children elevate their weekly Heinz intake regimen to near Olympian discipline.  But me?  I enjoy a good dollop with pound of fries at the Lion’s Tap, but I haven’t given America’s second-favorite red condiment a second thought since John Kerry… Continue Reading

Twitter Can Be a Brand Marketer’s Best Friend

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

- Debbie Laskey, MBA If you’re a marketer, you probably spend a great deal of your day checking Twitter, Facebook, Google Plus, and LinkedIn. Depending on your industry, you may also spend time on YouTube, Flickr, Instagram, and any number of other peripheral sites. But did you know that Twitter can be your best friend… Continue Reading

The Time Needed to Build a Strong Brand

By on Posted in Branding, Mixed Bag of Nuts

It’s been a little more than a week, and I still have the FUSE conference on my mind. One of the more entertaining speakers at FUSE was a futurist by the name of Magnus Lindkvist who talked about “The Attack of the Unexpected: Trendspotting, Brands and Possible Futures.” I can’t shake two impactful images from his… Continue Reading

Excellent FUSE Panel Discussion

By on Posted in Branding, Marketing, Mixed Bag of Nuts, Trademarks

We thoroughly enjoyed ourselves at the 2013 FUSE Design & Culture // Brand Strategy & Packaging Conference earlier this week in Chicago. Having the privilege of snapping the photo below – just prior to the Brand Differentiation Through Design panel discussion on Wednesday afternoon – made my day, thanks for asking Sue! Great insights and perspectives from… Continue Reading

Employee Wrongfully Terminated for Refusing to Engage in Criminal Copyright Infringement

By on Posted in Copyrights, Infringement, Law Suits, Mixed Bag of Nuts

Adam Young worked for an architecture firm, Nortex Foundation Designs Inc. in Fort Worth Texas as a drafter. He was hired in 2001 and designed foundation plans based on copyrighted architectural designs that Nortex provided to him. In 2010, Young received a plan being drafted for a homeowner that had a black stamp which stated… Continue Reading

When Will We Run Out of Words to Trademark?

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

-John Reinan, Senior Director, Media Relations, Fast Horse I’ve been thinking about trademark bullying, and I was all set to write a surprising piece standing up for the bullies. You know, the big companies that spend giant piles of money developing products and services, and then hiring marketing geniuses like me to name them, and… Continue Reading

The Names of MIT Media Lab: How to Describe an Innovation

By on Posted in Branding, Guest Bloggers, Mixed Bag of Nuts, Technology

- Anthony Shore, Operative Words There is nothing else quite like MIT Media Lab. Their mission to “invent a better future” has given us a better present. It’s Media Lab’s research and development that led to the Kindle and Nook, Rock Band and One Laptop Per Child. While their innovative projects receive and deserve recognition,… Continue Reading

Paying College Players

By on Posted in Mixed Bag of Nuts

As my diehard readers (maybe reader? Hi Mom! (Just kidding, I’m pretty sure even she doesn’t read these)) will remember, I blogged about pending litigation between former college athletes and the NCAA regarding whether players should be paid when the NCAA uses their likenesses in advertising, during television broadcasts, and in video games.  The players propose a 50/50 revenue split, while the NCAA (of course)… Continue Reading

The Most Important Shot in Trademark History

By on Posted in Branding, Famous Marks, Guest Bloggers, Mixed Bag of Nuts, Sight, Trademarks

- Draeke Weseman, Weseman Law Office, PLLC   Pantone 278: Carolina Blue What I do remember about that evening is that stores for dozens of miles around must have sold out of light blue paint, because nearly everyone had a stash, which was dumped indiscriminately over friends and strangers in a precursor to the Gatorade… Continue Reading