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Category Archives: Mixed Bag of Nuts

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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

Sugarpova: Does it taste as weird as it sounds?

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

- Laurel Sutton, Senior Strategist at Catchword Brand Name Development Wimbledon is winding down and fifth-seeded Maria Sharapova has been eliminated from the competition, dashing her hopes for a combined 10th anniversary and second Wimbledon championship. But Sharapova, despite her long career as one of the top-ranked stars in women’s tennis, has been getting more… Continue Reading

Happy Father’s Day from Paris to London

Posted in Mixed Bag of Nuts

I definitely had a memorable Father’s Day today, traveling with my daughter from Paris to London, here is a photo of a gift bag and gold medal chocolate memento: Nice touch Eurostar! Courvoisier looks genuine, so I’m saving that one for later, of course. In case you’re wondering the cigar was not real — milk chocolate… Continue Reading

The Saga Ends

Posted in Mixed Bag of Nuts

In the last few lines of To Kill A Mockingbird, Scout tells Atticus that “he was real nice.”  Atticus responds, “[m]ost people are, Scout, when you finally see them.”  I wonder if Harper Lee can now say that about the people involved with her hometown museum.  You may recall my prior posts (here and here)… Continue Reading

Now you see me, now you don’t

Posted in Mixed Bag of Nuts

The European Union recently decided that people have a right to be forgotten. The “right to be forgotten” provides Internet users in Europe the advantage to demand the erasure, removal or deletion of sensitive personal information in Google’s online search queries. Is this protection of a person’s privacy or online censorship? Since the ruling, Google… Continue Reading