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Category Archives: Mixed Bag of Nuts

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One Hot Buzzword in Marketing: Integration

Posted in Advertising, Marketing, Mixed Bag of Nuts

– Jason Sprenger – President, Game Changer Communications Integrated marketing has caught fire over the last couple of years.  In short, this refers to the concept of an organization working with one outside agency on more than one (or all) of their marketing disciplines (including PR, advertising, graphics/digital, social media, CRM, lead generation, SEO and possibly… Continue Reading

Trans-Pacific Intellectual Property

Posted in Agreements, Copyrights, Fair Use, Idea Protection, Infringement, International, Mixed Bag of Nuts, Non-Traditional Trademarks, Patents, Trademarks

The Trans-Pacific Partnership (TPP)—a favored talking point among our presidential hopefuls—is an international trade agreement between twelve nations. The agreement was signed earlier this year, but is not yet ratified in most member countries including the United States. Negotiations took place over seven years and resulted in thirty dense chapters of provisions—some of which are… Continue Reading

Rio 2016: Out Counterfeiting the Counterfeiters

Posted in Advertising, Branding, Infringement, Mixed Bag of Nuts

The Rio Olympics have decided that the best way to fight counterfeiters is to beat them at their own game; counterfeit themself. That’s not entirely true. Of course, you can’t really counterfeit what you own the rights to, for one. They are still aggressively going after counterfeit products. And despite the Olympic Rings, TM symbol,… Continue Reading

Rise of the Game

Posted in Mixed Bag of Nuts

Video games have been an existing and growing component of popular culture for my entire life.  I literally cut my teeth on the Atari 2600 while I was still a toddler.  From there I spread into bowling alley arcades, Nintendo, PC Games, Playstation, Nintendo 64, Playstation 2, Playstation 3, and Playstation 4.  Over that time, the… Continue Reading

No Budding in Line Washington Redskins

Posted in Branding, Famous Marks, Marketing, Mixed Bag of Nuts, Trademarks

In a case with special significance to our DuetsBlog crew (our founder Steve Baird started the fight to cancel the THE REDSKINS trademark registrations in 1992 – see more about the Harjo case here) and significant to trademark practitioners and owners alike, the federal government is asking the United States Supreme Court to deny the… Continue Reading

KIND Taglines: About Owning Your Ad Copy?

Posted in Articles, Branding, Food, Marketing, Mixed Bag of Nuts, Trademarks, USPTO

First things first: Happy 4th of July, Dear Readers! That was a pretty honest, simple, genuine, transparent, straightforward, to the point, not belaboring at all, under any circumstances, my most sincere wishes to our dear readers, agree? Now contrast the original well wishes with the elaborate description of them, the latter being anything but short… Continue Reading

Lights, Camera…Now Take Action

Posted in Fair Use, Guest Bloggers, Idea Protection, Infringement, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts, Technology, Television

– Jason Sprenger – President, Game Changer Communications Imagine for a moment you’re back in the year 1963…the time of Mad Men, the beginning of Beatlemania, the year of the “I Have a Dream” speech.  Who’s the most trusted man in America?  You might be surprised that it wasn’t Martin Luther King Jr., or even the… Continue Reading

Service Trade Dress?

Posted in Mixed Bag of Nuts

When most people of think of trade dress protection they primarily think of a good. Generally, protecting a product’s configuration, which can never be inherently distinctive, or a product’s packaging, which can be inherently distinctive. Rarely, does trade dress for services come to mind, but trade dress protection for services is alive and well. More… Continue Reading

A Lesson In Reusing Historic Brand Names #TBT

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

-Mark Prus, Principal, NameFlash Name Development The music streaming service Rhapsody just announced that they are rebranding themselves as Napster, a brand they acquired in 2011. Is bringing back this historic brand name a good idea? Let me go on record as saying I’m a huge fan of leveraging existing brand equity in historic brand… Continue Reading

Language Lessons for Leaders, Lawyers and Managers Part II: The Abusive Power, Victimization and Permanent Damage Negative Language Causes

Posted in Guest Bloggers, Mixed Bag of Nuts

— James E. Lukaszewski, ABC, APR, Fellow PRSA In Part I of this series, I made the point that there is way too much negative language used and that the metaphor about sticks and stones is flawed. On the contrary, words have far more power to damage and victimize personally and over longer periods of… Continue Reading

HAVANA CLUB: Where’s the Rum Gone?

Posted in Mixed Bag of Nuts

You’d probably assume no TTAB proceedings originated in 1995 remain active, but the HAVANA CLUB dispute has some serious staying power. As U.S.-Cuba relations unthaw, one particular trademark battle is also returning to the public eye: the battle between Bacardi and the Cuban government for rights to the HAVANA CLUB mark. A peek at the USPTO database… Continue Reading

Feyoncé . . . he put a ring on it

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

Beyoncé recently filed suit against a company for trademark infringement based on their use of the term “Feyoncé” on apparel.  They’ve even got this nice mug: It seems pretty clear what they’re going for here. There are a couple of trademark applications pending for FEYONCE and FEYONCE’. Interestingly enough, both have been issued preliminary refusals… Continue Reading

Is It a Clean Fight?

Posted in Advertising, Branding, Marketing, Mixed Bag of Nuts, Trademarks, USPTO

It is no wonder that two companies manufacturing detergents would want to use the word “clean” for their products and brand.  The Dial Corporation (“Dial”) owns the federally registered trademark PURECLEAN that it used to market its PUREX detergents.  To protects its mark, Dial sued the Procter & Gamble Company (“P&G”) to enjoin it from… Continue Reading

Heading to Orlando Later This Month?

Posted in Articles, First Amendment, Mixed Bag of Nuts, Trademarks

After returning from a great set of collaborative meetings with other members of the Executive Leadership Board at the University of Iowa’s College of Pharmacy, let’s say, we’re now looking forward to AIPLA’s Spring Meeting, located in our own Minneapolis backyard and playground. My perspectives on the potential-U.S. Supreme Court-bound First Amendment challenges to Section… Continue Reading

Is the Taste as Sweet?

Posted in Guest Bloggers, Mixed Bag of Nuts

–James Mahoney, Razor’s Edge Communications An upscale little bistro/bakery with two Boston-area locations serves terrific pastries and lunches. The ambiance is delightful, the service is good; and the waitstaff nicely uniformed. All in all, an enjoyably classic “sidewalk café” experience. In the blink of an eye, that all changed for me recently. An item in… Continue Reading

Adblock, Generic for Ad Blocking?

Posted in Almost Advice, Branding, Genericide, Infringement, Mixed Bag of Nuts, SoapBox

AdBlock Plus doesn’t seem to think so. Though they apparently also do think so (more on that below). Adblock Plus was successful in registering the ADBLOCK PLUS mark. Now they’re using that registration to issue take down notices to people using Adblock in their name. That left me scratching my head. It all sounds rather… Continue Reading