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Category Archives: Mixed Bag of Nuts

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Carlos Santana is Everywhere

Posted in Copyrights, Fair Use, Infringement, Law Suits, Mixed Bag of Nuts, Social Media, Technology

Seeing Carlos Santana this weekend while watching the Super Bowl with friends reminded me about the recently filed copyright infringement suit against BuzzFeed. You might be thinking, “that was Chris Martin of Coldplay, not Carlos Santana, who played the Half Time show.” However, I am referring to Mr. Santana’s revamping of the theme song for… Continue Reading

Rethinking Our Professions, and Unlocking New Value for Businesses

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

– Jason Sprenger – President, Game Changer Communications “Ummm…you’re those people who get their clients in the newspaper?” “Oh yeah, you guys throw some great parties!” “You’re the pros who people call when they’re in trouble and they need to make it all go away.” “Huh?  You do advertising, right?” Believe it or not, these… Continue Reading

The “Poo” People Use: Who Owns Emojis

Posted in Mixed Bag of Nuts

Emojis – those cute images you may find in a keyboard on your Android or iPhone device – have changed the way many people communicate thoughts, ideas, feelings and concepts.  They can add a certain level of pizzazz to an otherwise ordinary text message, Facebook post, or tweet.  And, if I may borrow a line… Continue Reading

Detroit Lions Trademark “Defend the Den”

Posted in Branding, Mixed Bag of Nuts, Squirrelly Thoughts, Trademarks

The Detroit Lions have registered the phrase Defend the Den. This is part of what appears to be a growing movement in college and professional sports to trademark common or more particular phrases used at their sporting events. The Seahawks have been registering just about everything it can that deals with the number 12 –… Continue Reading

Fear and Loathing on the Creative Trail

Posted in Branding, Copyrights, Infringement, Marketing, Mixed Bag of Nuts, Trademarks

– James Mahoney, Razor’s Edge Communications Somebody might steal my ideas. I’ve heard this consistently over the years, including in a few conversations this past month. One was with a woman who wants to market her art as greeting cards, but is certain that the “big” card companies would copy her ideas and elbow her… Continue Reading

Snoop Dogg’s Branded Cannabis Among the First, But the Stakes Will Get Higher

Posted in Advertising, Branding, Famous Marks, Guest Bloggers, Marketing, Mixed Bag of Nuts, Trademarks, USPTO

–Jason Voiovich, Chief Customer Officer, Logic PD Who among you is surprised that Snoop Dogg was among the first to create his own marijuana brand? Or that the distinguished list of early entrants includes Willie Nelson and Melissa Etheridge? Like me, you are probably not shocked. Recreational marijuana is “legal” in four states. Medicinal use… Continue Reading

Trademark Bully or Not?

Posted in Infringement, Law Suits, Mixed Bag of Nuts, Trademark Bullying, Trademarks

Chrysler and Moab Industries LLC (“Moab”) have been battling over the Moab mark for years. Moab holds the federally registered trademark Moab Industries®. Its business involves customization or uplifting vehicles—primarily JEEP® Wrangler® vehicles manufactured by Chrysler. In 2012, Chrysler sought to register a “Moab” trademark, but the application was denied based on a likelihood of… Continue Reading

2016, A Big Year For Relationship Building

Posted in Mixed Bag of Nuts

Project work is fine, whether it’s responding to an overreaching trademark cease and desist letter, helping out with a re-branding project, drafting changes to a license agreement, reclaiming a domain name, assisting with some strategic advice on packaging trade dress changes, clearing and/or registering a new mark, but what’s really satisfying, what’s really rewarding, what’s… Continue Reading

How to Scare the Pants Off Your Attorney: Get better service, another attorney or be pleasantly surprised

Posted in Guest Bloggers, Mixed Bag of Nuts

–  James E. Lukaszewski, ABC, Fellow IABC, APR, Fellow PRSA, PRSA BEPS Emeritus If you are an attorney, work with or have attorneys in litigation, here’s an interesting, relevant, recent story you can relate to. This is also a story about leadership. A couple months ago, I was asked by a local religious organization to… Continue Reading

Fair Use’s Jedi Knight

Posted in Copyrights, Mixed Bag of Nuts

This isn’t necessarily new news, but I thought it deserved a post regardless.  Back in late November, Google announced a new policy of pushing back against copyright holders issuing DMCA takedown notices regarding videos which Google believes make “fair use” of copyrighted material.  In Google’s words: We are offering legal support to a handful of… Continue Reading

The “Welcome to the D” Defense

Posted in Guest Bloggers, Infringement, Mixed Bag of Nuts, Trademarks

– Draeke Weseman, Weseman Law Office, PLLC Musicians love their trademarks. Whether its Taylor Swift, applying to register everything imaginable in connection with her album “1989,” or Lionel Richie, wondering about Adele’s use of the word “Hello,” musicians seem delighted by the prospects of owning the English language. Mark Kassa is one such grocer musician…. Continue Reading

Locally Sourced, Pasture-Raised, Non-GMO, and coming soon . . . E. Coli Free!

Posted in Advertising, Branding, FDA Approval, Food, Marketing, Mixed Bag of Nuts

Chipotle has certainly had a rough few weeks. With news of at least another 80 people sickened (apparently from a norovirus this time) after eating at a Boston area Chipotle (on top of at least 52 people in six states from E. coli), I can’t help but think of Jack in the Box. For those… Continue Reading

Barefoot Bucha is a better example of poor branding than trademark bullying

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

Jason Voiovich, VP, Marketing, Analytics & Research Services, Logic PD distinctive |disˈtiNGktiv| adjective characteristic of one person or thing, and so serving to distinguish it from others: juniper berries give gin its distinctive flavor. – New Oxford American Dictionary I hadn’t heard of kombucha, much less Certified Organic craft kombucha. (Somewhere, a hipster is crying… Continue Reading

YouTube Commits to Protecting Fair Use, a Few Cases at a Time

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

YouTube announced that it will “offer legal support” to a small set of videos that it thinks are “some of the best examples of fair use on YouTube” and “represent clear fair uses which have been subject to DMCA [Digital Millenium Copyright Act] takedowns.” Many people complain of abuse of the DMCA process and intimidation from… Continue Reading

On Valuing Cherubs, Cuties, and Halos

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

Picking up where we left off yesterday discussing brand valuation, I’ve recently taken great interest in the branding of fresh fruits and vegetables — they seem to be the ultimate commodity, a perfectly ripe environment for branding, don’t you think? When I grew up, the only branding I recall of fresh fruits was for Chiquita… Continue Reading

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