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Category Archives: Mixed Bag of Nuts

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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

Will Your Brand Celebrate American Independence?

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

By Debbie Laskey, MBA In the United States, July is the month when we celebrate Independence, specifically on the Fourth of July. While many retail stores promote “Independence Day” sales that last more than just one day, we can all recall automobile sales advertised on TV and radio called “Independence Day Sales” but start in… Continue Reading

That Google Image Search Could Result in Trouble

Posted in Almost Advice, Branding, Copyrights, Fair Use, Marketing, Mixed Bag of Nuts, Social Media, Social Networking, Technology

One aspect commonly associated with building and maintaining a business is the company website. Establishing an online presence can be an important tool for connecting with customers. While website creation can be a delightful distraction for some and perhaps a frustrating obligation for others, platforms such as WordPress and Squarespace make it relatively simple for… Continue Reading

“Of All Time”

Posted in Branding, Marketing, Mixed Bag of Nuts, Social Media, Squirrelly Thoughts, Trademarks

Those three words are pretty bold, especially when we’ve only been around just over 6 years: “‘Of all time’ is used to make a comparison, stating that something is the best throughout the ages.” We’re pleased to report that DuetsBlog continues to be recognized as one of the top twenty-five intellectual property law blogs “of… Continue Reading

Learning from Goalkeeping

Posted in Almost Advice, Guest Bloggers, Mixed Bag of Nuts, Squirrelly Thoughts

James Mahoney, Razor’s Edge Communications Ken Dryden, Hall of Fame goalkeeper for the Montreal Canadiens, recently wrote a piece in The Wall Street Journal about Carey Price, the current Canadiens goalkeeper. In describing how good Price is and his style of keeping, Dryden wrote: “Price makes every save look easy. On a shot to the… Continue Reading

Losing Marbles With Packaging Trademarks

Posted in Articles, Branding, Look-For Ads, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks, USPTO

Welcome to yet another edition of non-traditional trademarks, but instead of discussing brown paper bags for chips as trademarks, today we’re focusing on a U.S. trademark registration that surprisingly issued just a few weeks ago — a net bag package design for holding toy marbles: As shown above, the claimed mark “consists of the three-dimensional… Continue Reading

A Naked Attempt at Trademark Association

Posted in Branding, Guest Bloggers, Infringement, Mixed Bag of Nuts, Squirrelly Thoughts, Trademarks, TTAB, USPTO

- John Reinan, a Minneapolis journalist and recovering marketer When news broke a couple months ago that the “gentlemen’s club” Spearmint Rhino would be opening a downtown Minneapolis branch on Hennepin Avenue, I joked on Twitter that I should open a club down the street and call it Menthol Hippo. OK, so I’m not really… Continue Reading

Resonance and the Hierarchy of Brands

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

- James Mahoney, Razor’s Edge Communications Brands are all about resonance; specifically, resonance with the individual. As I see it, the brand inclinations of individual people fall into three categories: Each of us gives primary loyalty to brands that we feel represent “who” we are. These brands have been described as “choices for which there… Continue Reading