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Category Archives: Patents

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Trolling for an Inventive Method for Patent Enforcement

Posted in Genericide, Idea Protection, Infringement, Law Suits, Loss of Rights, Patents, SoapBox, Squirrelly Thoughts, Technology, USPTO

In the wake of Jon Stewart and Stephen Colbert leaving their respective shows on Comedy Central for newer pastures, John Oliver has emerged as a new beacon of political humor and satire.  If you haven’t watched his show, and especially if you considered the former two as having an obvious political slant, you should check… Continue Reading

Big Green Egg on Hunt for TM Registration

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

As it turns out, four days after Easter, the USPTO refused registration of the Big Green Egg’s claimed exclusive rights in the shape and color of its popular barbecue smoker and grill: As you will recall, we wrote about this product configuration trademark application, back in December of last year. Here are the challenges raised… Continue Reading

The Keys are in the Design

Posted in Almost Advice, Branding, Non-Traditional Trademarks, Patents, Product Configurations, Squirrelly Thoughts

We often ask kids this question: “what do you want to be when you grow up?”  While my trajectory towards lawyering is true, my answer wasn’t always immediately “lawyer.”  I sought something that satisfied my passion for the creative, my critical eye, and my aptitude for math.  For a long time, whenever I answered that… Continue Reading

Actually Resisting the Temptation to Tout Function and Hopefully Own a Trademark

Posted in Advertising, Almost Advice, Articles, Branding, Loss of Rights, Non-Traditional Trademarks, Patents, Product Configurations, Product Packaging, Sight, Technology, Trademarks, TTAB, USPTO

Continuing our ramp up toward the launch of our Strategies for Owning Your Product Designs webinar next week, I’ve been thinking a lot about the Morton-Norwich factors — the common analysis for determining whether a product design or feature can be owned as a trademark or whether it is functional and part of the public… Continue Reading

Protecting Your Bacon: Patent versus Trade Secret

Posted in Almost Advice, Food, Idea Protection, Law Suits, Loss of Rights, Mixed Bag of Nuts, Patents

While, generally speaking, copyright law protects art, and trademark law protects branding, patent and trade secret laws protect information.  In deciding how to best protect proprietary information, innovators and businesses often come to a difficult patent/trade secret crossroads: do we keep this as a trade secret, or apply for a patent application?  However a company… Continue Reading

The Controversial SAWS of “Justice”

Posted in Articles, Patents, Trademarks, USPTO

What if the Trademark Office took Taylor Swift’s controversial new trademark applications and stalled examination of them, preventing them from getting approved, despite having no legitimate basis to refuse their registration, because of the potential for public scrutiny? Taking that a step further, what if there was an unregulated government program that in cases like… Continue Reading

A December for Configuration Trademarks?

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

Every now and then it’s worth checking in at the USPTO to see what’s cooking in the world of non-traditional product configuration trademarks: As it turns out, the Big Green Egg is seeking to be more than a word mark — two days before Christmas, a federal trademark application was filed for the product shape… Continue Reading

Squeezing the Most Out of a Product Feature

Posted in Advertising, Branding, Goodwill, Guest Bloggers, Idea Protection, Marketing, Mixed Bag of Nuts, Patents, Product Packaging, Trademarks

- Draeke Weseman, Weseman Law Office, PLLC Some folks sing in the shower. Others critique the packaging of their face cleanser.  Garnier’s Clean+ Purifying Foam Cleanser is a good cleanser packaged in a plain-looking bottle. The bottle looks like your normal foam dispenser, and, picking it up for the first time, you would expect to… Continue Reading

No IP Holes in this Crystal Head

Posted in Advertising, Articles, Branding, Food, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Product Packaging, Sight, Trademarks, USPTO

We’ve spilled a lot of digital ink here over the past several years discussing the protection of non-traditional trademarks. We’ve also written about the importance of layering various intellectual property rights (trademark, copyright, and patent) to accomplish the competitive goals of a business. And, we’ve enjoyed writing about non-traditional vodka branding here and here. Today,… Continue Reading

I’m a Patent Attorney – Isn’t that Scary Enough?

Posted in Patents, Product Configurations, Squirrelly Thoughts

A Hoppy Halloween from all of us ghoulish folks here at DuetsBlog! Spending for Halloween this year is likely to hit $11 billion dollars, possibly more than is spent decorating for Christmas.  This fact is easily witnessed in many neighborhoods around town, especially this one where just about every house has some sort of Halloween… Continue Reading

Silicon Valley x Fashion District = Blurred Lines

Posted in Advertising, Agreements, Branding, Copyrights, Fashion, Infringement, Marketing, Patents, Product Configurations, Technology, Trademarks

Growing up in the 80s, it’s amazing how both fashion and technology have evolved since Scrunchies and Commodore 64s – although a quite separate evolution. I can’t recall a fashionable pager (really, go try to find one), or a chic mp3 player (I had an Archos Jukebox, look at that brick). That all changed once Apple… Continue Reading

The C-word and IP Rights

Posted in Almost Advice, Copyrights, Counterfeits, International, Loss of Rights, Patents, SoapBox, Trademarks

No, not that c-word. The protection and enforcement of intellectual property rights involves a plethora of c-words:  copying, counterfeit, copyright, cease-and-desist, CIPO (the Canadian IP Office).   But the one I am referring to today is China. As the world becomes more interconnected and the global economic impact of China has significantly increased, intellectual property… Continue Reading

Alice In Wonderland

Posted in Patents

For those of you interested in the patent component of “the useful Arts,” the Supreme Court recently issued its decision in Alice Corp. v. CLS Bank Int’l.  The decision was much anticipated because of the impact it was expected to have on so-called “business method” patents.  Business method patents have, since their inception, walked a fine… Continue Reading

Karl the Infringer: Parody of New Balance Sneaks Up on Lagerfeld

Posted in Branding, Dilution, Famous Marks, Fashion, Infringement, Law Suits, Marketing, Patents, Product Configurations, Squirrelly Thoughts, Trademarks

A sense of humor and a little lack of respect:  that’s what you need to make a legend survive. -Karl Lagerfeld on his “winning formula” Sometimes there is a news story that neatly weaves a bunch of DuetsBlog posts together like a Bottega Veneta shoe fabric design.  Sometimes that story comes from hard-hitting news authority… 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

Induction Ceremony

Posted in Patents

On April 30, 2014, the Supreme Court will be hearing oral argument in the case of Limelight Networks, Inc. v. Akamai Technologies.  The question presented and to be decided is incredibly significant for future patent infringement cases: Whether the Federal Circuit erred in holding that a defendant may be held liable for inducing patent infringement… 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

1ST & TEN at the Super Bowl: The Brand You Probably Don’t Know You Know

Posted in Branding, Marketing, Patents, Technology, Television, Trademarks

The NFL is known as a trademark monetizing machine, and this year’s “POT BOWL” is not without its share of trademark stories.   It was recently reported that running back Marshawn Lynch of the Seahawks makes six-figures (for charity) from licensing his BEAST MODE trademark.  Both the Broncos and the Seahawks have battled with Texas… Continue Reading

The IP in Twitter’s IPO

Posted in Advertising, Branding, Genericide, Marketing, Patents, Social Media, Social Networking, Trademarks

Barring any unforeseen setbacks, Wall Street is aflutter as Thursday marks the latest in social media IPOs – Twitter…and we all remember how well Facebook’s IPO went. Pricing for IPOs involves an assessment of the company’s assets (including its intellectual property portfolio), liabilities, and current and potential revenue.  As many of you savvy marketing folks… Continue Reading

With Great Power Comes Great Responsbility

Posted in Mixed Bag of Nuts, Patents

Recently, a Seventh Circuit Judge penned an article over at Law360 setting forth her belief that the Federal Circuit should no longer have exclusive jurisdiction over patent appeals.  For those of you unfamiliar with our Federal court system, the way it works is that appeals for your federal district court are typically heard by an… Continue Reading