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Category Archives: Non-Traditional Trademarks

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Will Montana-Based Victory Energize Win Its “Trademark Bully” Charge Against Monster?

Posted in Articles, Branding, Dilution, Famous Marks, Food, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademark Bullying, Trademarks

Last week more allegations of “trademark bullying” appeared in the headlines. This time, Victory Energize, an energy drink company based in Missoula, Montana, is calling out Monster Energy for sending a cease and desist letter to Victory. Monster’s demand letter is said to charge Victory with infringement of Monster’s distinctive trade dress. So, what say you?… Continue Reading

Blue 42. Set. Trademark! I mean, Hike!

Posted in Articles, Branding, Fair Use, Famous Marks, First Amendment, Goodwill, Non-Traditional Trademarks, Product Configurations, Sound, Squirrelly Thoughts, Television, Touch, Trademarks, USPTO

Can you feel it? All around the country, fields are being groomed, stenciled, and painted. Tonight, the college football season begins with Georgia State taking on Abilene Christian in what could be a preview of one of hundreds of games that most of us don’t really care about. But like so many fans around the country, I’ll… Continue Reading

I’m Gumby Dammit — A Flexible Trademark?

Posted in Advertising, Articles, Branding, Marketing, Non-Traditional Trademarks, Trademarks, USPTO

The Minnesota History Center is currently promoting its Toys of the ’50s, ’60s and ’70s exhibit — my favorite promotional billboard is the one captured above, featuring none other than Gumby. I can still remember my Gumby toy and watching the Gumby Show as a young child along with the Davey & Goliath television series, both… Continue Reading

A Window into the Future for Apple’s Trade Dress?

Posted in Branding, Idea Protection, Non-Traditional Trademarks, Trademarks, USPTO

A few weeks back, Steve discussed Apple’s recent applications to register a trio of non-verbal trademarks, shown below: (Each image links to the corresponding application on file with the U.S. Patent and Trademark Office – USPTO). Spoiler alert: This post contains the USPTO’s ultimate decision regarding the registrability of the design and layout of various… Continue Reading

Harley-Davidson Booze Coming Soon?

Posted in Branding, Food, Marketing, Non-Traditional Trademarks, Trademarks, TTAB, USPTO

With the 74th Anniversary of the famous Sturgis Motorcycle Rally less than a week away, it seemed like a good time to check in on recent Harley-Davidson trademark activity at the USPTO. As it turns out, a very interesting intent-to-use trademark application was filed just two weeks ago, seeking federal registration of the world-famous HARLEY-DAVIDSON word mark… Continue Reading

This Little Piggy Went to the Trademark Office…

Posted in Articles, Fair Use, Goodwill, Non-Traditional Trademarks, Sound, Trademarks, USPTO

When was the last time you thought about pigs? What do you think when you hear the word “pigs?” Or an OINK OINK noise? Or what about the angelic and oh-so-American, “SOOOOOOOOOEEEEEEEEYY!”? Well, the University of Arkansas contends that you’re probably thinking about the Arkansas Razorback sport teams. And they convinced the U.S. Patent and Trademark… Continue Reading

Description of a Trademark with the USPTO

Posted in Articles, Branding, Non-Traditional Trademarks, Sight, Trademarks, USPTO

Continuing our discussion — from yesterday and the day before – about the description of a mark provided to the USPTO during the registration process, the below images from two unrelated federally-registered, non-verbal logos for banking services, help tell another related story:                       As the links… Continue Reading

Pepsi Gets Grip on MLB All-Star Extravaganza

Posted in Advertising, Articles, Branding, Food, Marketing, Non-Traditional Trademarks, Sight, Trademarks, USPTO

How cool is it to have the MLB All-Star Game and related events, right here in Minneapolis? Very. As the advertisement shows, Pepsi is playing a large role in the event, as the “Official Soft Drink” of the MLB All-Star Game. As attractive as the ad is, sadly, I suspect that only trademark types and… Continue Reading

Apple’s Word Count for Non-Verbal Branding

Posted in Articles, Branding, Goodwill, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Sight, Technology, Trademarks, USPTO

A picture is said to say a thousand words, and ironically that is almost literally and exactly true when it comes to Apple’s focus on non-verbal icon branding. A week before the 4th of July, Apple filed these three non-verbal trademark applications: Clicking on each will take you to the detailed USPTO information for each application,… Continue Reading

Gia Nother Wine Bottle Trademark

Posted in Articles, Branding, Food, Infringement, International, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks, USPTO

Combing through the USPTO’s recently approved non-verbal trademark registrations revealed this little gem with Francis Ford Coppola’s name on the label (but not claimed as part of the mark): Here is the USPTO drawing on the left, showing the claimed mark without any words or colors: So, besides claiming a broader scope of rights in… Continue Reading

Owning a New Look Through Advertisements

Posted in Advertising, Articles, Branding, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Sight, Trademarks

We’ve spilled a lot of digital ink on the importance of “look for” advertising when a brand owner wants to legally own a non-traditional trademark like a single color, or perhaps the shape of a product, or even product packaging or containers, among other potential non-traditional marks. So, when I discovered three billboard ads within… Continue Reading

Fair Use of GM’s Corvette Stingray?

Posted in Advertising, Articles, Branding, Contracts, Fair Use, Famous Marks, Genericide, Goodwill, Infringement, Loss of Rights, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Sight, Trademarks, USPTO

While filling up my gas tank at our local Costco last week I coudn’t resist capturing this photo of pump signage to ask our dear readers a few pointed questions: Is there any doubt that the automobile depicted in the Costco advertisement is a Corvette Stingray? If so, HiConsumption should resolve any lingering questions. How did… Continue Reading

Eat More Walleye?

Posted in Advertising, Articles, Branding, Food, Marketing, Non-Traditional Trademarks, Product Configurations, Trademark Bullying, Trademarks

It’s that time of year again, the Minnesota fishing opener is upon us this weekend, so Rapala is sporting its new billboard in the Twin Cities metro area, as shown below: “Winner, winner, walleye dinner,” is an obvious play on the far more frequently uttered “winner, winner, chicken dinner” positive outcome phrase, that apparently derives from early casino… Continue Reading

Calling Non-Traditional Trademarks By Name

Posted in Advertising, Articles, Branding, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Technology, Trademarks, USPTO

Things that are worth talking about need names. Good, distinctive names are best. As you may recall, last year we wrote this about non-verbal logos needing names: “Marketing types, when brand owners operate in the world of non-verbal logos, isn’t spreading the news by word of mouth more difficult without a word to bring the image… Continue Reading

It’s a Mouse World After All

Posted in Agreements, Non-Traditional Trademarks, Television, Trademark Bullying, Trademarks

Deadmau5 (\’ded-mau̇s\; a.k.a. Joel Zimmerman) is a popular house music artist who performs wearing a mouse-like head covering called the mau5head.   On Twitter he calls himself an “Event Driven Marketing specialist,” so I thought this was a fitting subject for the hip legal, creative and marketing folks who follow us here at DuetsBlog – although… Continue Reading

Anticipation . . . But, Heinz is Not Keeping Melinda’s Habanero Ketchup Waiting

Posted in Articles, Branding, Dilution, Famous Marks, Food, Infringement, Law Suits, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks

Last month Heinz, a brand “synonymous with ketchup throughout the world,” and a seller of “650 million bottles of Heinz ketchup each year,” brought a federal trademark infringement and dilution lawsuit in Texas to enforce exclusive rights in the “famous” Heinz bottle design against Melinda’s Habanero Ketchup brand. Here is the Complaint and Exhibits A, B, C,… Continue Reading

Droning On and On, About A Trademark?

Posted in Articles, Branding, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Technology, Trademarks, USPTO

Months after Amazon’s recent media ploy, drones continue to capture news headlines. Hours ago, an AP story ran, suggesting that the Federal Aviation Administration’s present ban on commercial drones will result in global competitors flying right by the U.S., leaving us in their economic dust, as other countries around the globe embrace the commercial use of drones…. Continue Reading

Single Color Trademark Developments

Posted in Articles, Branding, Law Suits, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks, TTAB, USPTO

Over the past five years, we have spilled a lot of black digital ink discussing trademark ownership of single colors. Color continues to be an important aspect of branding and differentiation in a variety of markets, including many you’d expect, and some you might not. Christian Louboutin’s red color trademark helps to illustrate the importance of single color… Continue Reading

Bungle in the Beer Tapper Jungle?

Posted in Almost Advice, Articles, Branding, Copyrights, Counterfeits, Food, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Product Packaging, Sight, Trademarks, USPTO

The Sports Bar in the Mirage Resort & Casino, located in Las Vegas, Nevada, is currently sporting a pretty interesting collection of tap beers, from left to right: Bud Light, Goose Island Honker’s Ale, Stella Artois, Heineken, Dos Equis, Pacifico, Shock Top, Newcastle, Samuel Adams, Budweiser, Goose Island Indian Pale Ale, and Michelob Ultra. What really caught… Continue Reading

I <3 Ur Emoticon, But Does It Indicate Source :-/

Posted in Advertising, Branding, Dilution, Non-Traditional Trademarks, Social Media, Trademarks

In a world where communications are shared in a space of less than 140 characters, emoticons are often a part of the lexicon for most texters, tweeters, gamers, and smartphone screen tappers.  I have an app, Emoji, that turns my phone’s keyboard into a glorious emoticon playground.  Facebook even lets you add an emoticon to… Continue Reading

From the Land Down Under

Posted in Advertising, Branding, Non-Traditional Trademarks

I come bearing breaking legal news from the Land Down Under, specifically, New Zealand.  It appears that Coca-Cola recently suffered a small setback in its quest for world domination.  Those of you familiar with non-traditional trademarks likely know that Coca-Cola has enjoyed a relatively long history of protection regarding its “contour bottle” shape.  But New Zealand’s high… Continue Reading

Touch Trademark Update

Posted in Articles, Non-Traditional Trademarks, Product Packaging, Touch, Trademarks, USPTO

‘Tis the Season for billboard ads like this, sorry Nancy. Anyway, it reminded me of a very early post of mine on touch trademarks, here on DuetsBlog. That early blog post noted Diageo’s federally-registered purple bag non-traditional trademark, and that a third party had slipped in at the USPTO to federally register a velvet touch… Continue Reading

Look for the Red Kettle This Holiday Season?

Posted in Advertising, Articles, Branding, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks, USPTO

My iPhone captured this Salvation Army ad posted on a Minneapolis bus that I was following this morning in snowy and very slow traffic. Given how prominently the Red Kettle has become in Salvation Army advertisements, no doubt, you know where my mind goes, straight to non-traditional trademark protection for the shape and appearance of… Continue Reading