DuetsBlog Collaborations in Creativity & the Law

Category Archives: Non-Traditional Trademarks

Subscribe to Non-Traditional Trademarks RSS Feed

The Most Famous Bottle Design, Forever?

By on Posted in Branding, Famous Marks, Food, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks

Coca-Cola settled on its famous contour bottle design almost 100 years ago, in 1916, after several years of trials with other far less distinctive shapes (at least under today’s standards): Federal trademark registration data confirms the first use date to be July 8, 1916. The description of the contour bottle design mark in 1960 was: “The… Continue Reading

It’s Raining Fluid Trademarks

By on Posted in Advertising, Branding, Guest Bloggers, Marketing, Non-Traditional Trademarks, Sight, Trademarks

So-called “fluid” trademarks are gaining a recent downpour of attention – on Monday INTA wrote about them in the Daily News distributed in Dallas at INTA’s 135th Annual Meeting, it also held a panel discussion on the topic the same date (we’ll have more about that next week), and just yesterday guest-blogger Jason Voiovich provided an insightful marketer’s… Continue Reading

Oh Ketchup…I’m Just Not That Into You: Understanding the Value of Fluid Trademarks

By on Posted in Advertising, Branding, Famous Marks, Guest Bloggers, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Product Configurations, Product Packaging, Trademarks

- Jason Voiovich, Director of Corporate Marketing, Logic PD Don’t get me wrong.  My two children elevate their weekly Heinz intake regimen to near Olympian discipline.  But me?  I enjoy a good dollop with pound of fries at the Lion’s Tap, but I haven’t given America’s second-favorite red condiment a second thought since John Kerry… Continue Reading

Rapala Billboard Ads Continue to Engage

By on Posted in Advertising, Branding, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Search Engines, Sight, Trademarks, USPTO

It’s that time of year again. The fishing opener in Minnesota is upon us this coming Saturday, so Rapala is sporting its new billboard advertisement. Judging from USPTO trademark filings, it looks like the cutesy “Bass Friends Forever“ tagline is intended to adorn clothing items too. You will recall that we have consistently covered various iterations of the Rapala billboard… Continue Reading

OfficeMax’s Rubber Band Ball Brand Symbol

By on Posted in Branding, Marketing, Non-Traditional Trademarks, Sight, Trademarks

OfficeMax has been sporting its friendly and colorful rubber band ball brand signal on billboard advertising and delivery trucks for some time, but yesterday is the first time I’ve noticed prominent static use of the bouncy rubber band ball as a non-verbal logo on storefront signage positioned next to the OfficeMax brand name (like the… Continue Reading

A New Generation of Storytelling: Getting a Grip on The New Pepsi Bottle Design

By on Posted in Branding, Food, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Packaging, Trademarks

The importance of “storytelling” seems to be the buzzword lately when it comes to branding communications and decisions. For example, last August Branding Strategy Insider wrote that “Brands Must Master the Art of Storytelling,” and just last week it wrote twice on the subject, about “Shared Values in Brand Storytelling” and “5 Pillars for Brand Storytelling Success.”… Continue Reading

Hey Brand, Shh!: Is De-Branding the Next Hip Design Trend?

By on Posted in Advertising, Branding, Famous Marks, Food, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Patents, Product Configurations, Product Packaging, Trademarks

A couple months ago, Selfridges, a high-end department store based in London, launched a “No Noise” campaign.  The initiative seems rooted in the company’s history; its original store featured a “Silence Room” to allow shoppers an empty area to relax from the stimulating hustle & bustle of the retail experience.  From the site:  “As we… Continue Reading

McDonald’s Trade Dress? State Farm is There.

By on Posted in Advertising, Branding, Dilution, Famous Marks, Food, Infringement, Marketing, Non-Traditional Trademarks, Sight, Trademarks

Passing by a roadside billboard recently (below is a miniature version I found in the Minneapolis skyway system), my first thought was, wow, McDonald’s is getting into the juicy lucy business: Until more focus revealed that State Farm Insurance is the one behind the ad. Look familiar? No doubt burgers and car insurance are totally different lines of business and… Continue Reading

The Not-So-Happy Place of Genericness

By on Posted in Articles, Food, Genericide, Infringement, Law Suits, Loss of Rights, Non-Traditional Trademarks, Trademarks

Restaurant trade dress is possible to own when the claimed trade dress is distinctive and non-functional, think Taco Cabana. Restaurant trade dress can be so unique in the marketplace that distinctiveness is presumed with a finding of inherent distinctiveness. When not so obviously unique, distinctiveness also can be established with the more difficult proof of secondary meaning. Remember 1992? The… Continue Reading

The Louboutin Color Trademark Controversy Continues

By on Posted in Branding, Copyrights, Infringement, Law Suits, Non-Traditional Trademarks, Sight, Trademarks, USPTO

While watching Lena Dunham stumble in her 6-inch Louboutin red-soled heels during the 70th Annual Golden Globe Awards broadcast, our comments revolved around the fact that her dress was so long, she should have worn slippers instead of stilettos.  We believed that Ms. Dunham should have waited to wear the Louboutin shoes until she was wearing… Continue Reading

Inherently Distinctive Product Packaging?

By on Posted in Branding, International, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Social Networking, Trademarks, USPTO

Earlier this month, we asked whether [yo]gurt(lab) has an inherently distinctive interior restaurant environment? This week, we’re focused on product packaging, and ask whether Spine Vodka has enough meat on the bones to satisfy the trademark test for an inherently distinctive product package design? This little gem of an image surfaced in a LinkedIn discussion where I learned… Continue Reading

Inherently Distinctive Restaurant Interior?

By on Posted in Branding, Domain Names, Food, Marketing, Non-Traditional Trademarks, Sight, Trademarks

We recently focused our attention on a very unique-looking, dare I say distinctive, retail store exterior design; for a quick reminder, see here. The recent craze for self-serve frozen yogurt shops – where you pay by the ounce (or perhaps, by the pound), has us focused today on a pretty darn unique interior retail environment: This is… Continue Reading

If only I could be a Lego product tester…

By on Posted in Almost Advice, Branding, Famous Marks, Non-Traditional Trademarks, Patents, Product Configurations, Trademarks

Santa brought me one of my favorite trademarked and patented products:  a LEGO® set! Yes that is Mr. Firefighter dousing the flames on the LEGO® tree while holding a cup of coffee.  The hero of my LEGOland! For a Lego geek like me, there was an intriguing story in the Wall Street Journal last week… Continue Reading

No Plaque on This Scope Bottle Trademark

By on Posted in Branding, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks, TTAB

Would you place this mouth wash bottle on your bathroom counter or hide it under the counter? The answer to this question, it appears, can have a material impact on whether the shape and design of the bottle functions as a non-traditional trademark. The Procter & Gamble Company created this elegant container design — to counter the out-of-sight-out-of-mind… Continue Reading

Nike and Adidas on the Same Team?

By on Posted in Branding, Dilution, Famous Marks, Marketing, Non-Traditional Trademarks, Trademarks

Knowing how Adidas (or should I say, adidas) jealously guards its three stripe design on shoes, and is notorious for protecting against not only three, but two and four stripe buffers as well, my eyes were drawn to this display of Nike Shox sport shoes at our local Finish Line retail store. While I suppose different… Continue Reading

Red Solo Cup Inspiration?

By on Posted in Audio, Branding, Dilution, Goodwill, Marketing, Non-Traditional Trademarks, Trademarks

Marketing types, it may well be obvious to some, but it is always important to consider the source of inspiration for the branding and marketing of the products and services you promote. At least for those who follow country singer Toby Keith, with a Costco retail end-cap display like this, it’s hard not to assume where the… Continue Reading

Shoe Designer Kicks Out Its Counterclaims

By on Posted in Law Suits, Non-Traditional Trademarks, Trademarks

DuetsBlog has taken an interest in the Louboutin v. Yves Saint Laurent case venued in the Southern District of New York.  I, along with my colleague Steve Baird, have previously written about this important color trademark case, which was remanded from the Second Circuit (here, here, here and here). Last week, Yves Saint Laurent (“YSL”)… Continue Reading

Marketing Pitfall Kills Yellow Color Trademark

By on Posted in Advertising, Articles, Infringement, Law Suits, Loss of Rights, Marketing, Non-Traditional Trademarks, Sight, Trademarks, USPTO

Caution must be exercised in advertising and marketing materials when the brand owner desires ownership of non-traditional trademarks such as product configurations (here and here), trade dress, and single color marks too. In our ongoing effort to raise the awareness of marketing types to pitfalls that can kill non-traditional trademark rights, a recent decision from the Fifth… Continue Reading

Bordering on Logos (Again)

By on Posted in Advertising, Branding, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Technology, Trademarks

By now, you must know, I’m a sucker for billboard ads. I really love to notice, study, comment on, and critique them, especially when there is an opportunity for some trademark storytelling. This one for the Hampton Inn & Suites brand does not disappoint. It appears that an IP holding company for Hilton, HLT Domestic… Continue Reading

Will the Fashion Industry Be Given Another Gift?

By on Posted in Copyrights, Non-Traditional Trademarks, Trademarks

The fashion industry has been in the news lately with respect to intellectual property issues.  There was the recent landmark Second Circuit decision reversing the district court’s extreme curtailing of color trademarks in the fashion industry. Louboutin S.A. v. Yves Saint Laurent America Holding, Inc., 11-3303-cv (September 5, 2012).  Specifically, the Second Circuit declined to… Continue Reading