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Category Archives: Mixed Bag of Nuts

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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

Peace, Love, and Trademark

Posted in Mixed Bag of Nuts

– Draeke Weseman, Weseman Law Office, PLLC Bandwagoners everywhere have reason to celebrate following a recent opinion out of the Court of Appeals for the Federal Circuit. In Juice Generation, Inc. v. GS Enterprises LLC, Appeal No. 2014-1853, (Fed. Cir. July 20, 2015), the Federal Circuit reviewed the Trademark Trial and Appeal Board’s assessment that… Continue Reading

Justice Delayed or Justice Denied?

Posted in Mixed Bag of Nuts

Many college sports aficionados are likely aware of the long-raging debate about whether college athletes in high revenue sports, like football and basketball, ought to be paid for their services. After all, college sports have become big business where top schools are routinely able to generate revenues exceeding $100 million dollars.  (See Business Insider Article here).  Those of us with… Continue Reading

Behavior Patterns that Precipitate and Perpetuate Trouble (Better call your Mom)

Posted in Guest Bloggers, Mixed Bag of Nuts

–  James E. Lukaszewski, ABC, APR, Fellow PRSA Testosterosis (Petulant Arrogance): A major management and leadership mistake You have been there before, possibly many times. It’s the beginning of a hastily called meeting (maybe you called it) to discuss a looming terrible story about your organization and some of the people in it, maybe even… Continue Reading

Are Trademark Bullies Bringing Plausible Claims?

Posted in Civil Procedure, Copyrights, Fair Use, Guest Bloggers, Infringement, Law Suits, Loss of Rights, Mixed Bag of Nuts, Patents, Trademark Bullying, Trademarks

– Draeke Weseman, Weseman Law Office, PLLC Intellectual property enforcement continues to make news, and new solutions to curb abusive enforcement – i.e. trademark bullying, patent trolling, and copyright trolling – are being proposed regularly. Central to these solutions is the idea of a “fast-lane” that kicks bad claims to the curb before the bullied… Continue Reading

“Symmetrically Arranged” Buttons: A Patent Win for Nintendo

Posted in Infringement, Law Suits, Mixed Bag of Nuts, Patents, Technology, USPTO

Nintendo has been making headlines recently.  The gaming industry is in mourning over the unfortunate passing of Nintendo CEO Satoru Iwata last week.  Iwata was instrumental in the success of the Nintendo Wii, among other Nintendo creations, and was known for his accessibility to fans. Nintendo was in the news again this week for a… Continue Reading

Tory Burch Protects Her Brand

Posted in Counterfeits, Famous Marks, Fashion, Infringement, Law Suits, Mixed Bag of Nuts, Trademarks

The barrage of counterfeit jewelry products bearing the “Isis Cross” will cease! After more than two years of battling with counterfeiters, Tory Burch, LLC and its subsidiary (“Tory Burch”) secured a $41 million judgment and permanent injunction against jewelry company Lin & J International, Inc. and its owners (“Lin & J”).   The judge found that… Continue Reading

Med-tech is on its way home: What that means for lawyers and creatives, Part 2

Posted in Branding, Guest Bloggers, Idea Protection, Marketing, Mixed Bag of Nuts, Technology

Jason Voiovich, VP, Marketing, Analytics & Research Services, Logic PD *This is part 2 of a two-part series on the legal impact of traditional medical devices finding their way to home use. Yesterday, we looked at the broad macro trend of traditional medical technology finding its way into the hands of the average patient. Today,… Continue Reading

Pay Attention! Symbols Matter!

Posted in Mixed Bag of Nuts

A couple different events occurred this past week which ought to serve as reminders of the importance of symbols and the need to protect brand perception when dealing with symbols. First, the State of South Carolina underwent a tremendous rebranding recently when South Carolina’s government eventually (and, in my view, somewhat surprisingly) agreed to remove the Confederate battle flag from… Continue Reading

Reimagining 3D printing

Posted in Guest Bloggers, Mixed Bag of Nuts, Technology

– Derek Mathers, Business Development Manager, Worrell 3D printing has the potential to be a disruptive technology because it is the first human manufacturing technique that emulates nature by growing complex structures additively, using only the required material. 3D printing gives engineers the freedom to design without the constraints of a mold, and carries with… Continue Reading