DuetsBlog Collaborations in Creativity & the Law

Category Archives: Product Packaging

Subscribe to Product Packaging 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

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

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

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

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

Mixed Chicks Scores Big

By on Posted in Infringement, Law Suits, Product Packaging, Trademark Bullying, Trademarks

It’s not every day that a small company stands up for itself against a multi-billion dollar company in court, and manages to obtain a large verdict in the process, but this is precisely the Cinderella story that played out in a trademark and trade dress infringement case in California recently.  When Mixed Chicks, LLC (“Mixed Chicks”) sued Sally… Continue Reading

Bits and Pieces of Brands = Trademarks

By on Posted in AlphaWatch, Branding, Food, Marketing, Product Packaging, Trademarks, Truncation, USPTO

  D + What = Diet Coke? Let’s file this brand truncation example under the AlphaWatch category, even though there is some other stuff going on here too. The rendition of the distinctive Diet Coke soft drink can to the left really popped for me, at the point of sale, positioned on a shelf behind the clear-glass door of… Continue Reading

Grab Some Buds and Pop a Red Top (or Tab)?

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

Given how much we know you enjoy the subject of non-traditional trademark protection, here is a recent one from Anheuser-Busch: The description of the mark reads: “The mark consists of a design feature of product packaging, namely, a red colored tab on a can, which features a crown design that is transparent. The dotted lines… Continue Reading

Webinar: Hot Marketing Topics with Trademark & Legal Implications

By on Posted in Branding, Genericide, Guest Bloggers, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Trademarks

Last week I had the distinct pleasure of participating in a ninety-minute webinar with my good friend, frequent and eloquent guest-blogger on DuetsBlog – Aaron Keller of Capsule – complete with some friendly banter on the following: "Hot Marketing Topics with Trademark and Legal Implications." Minnesota Continuing Legal Education has generously provided a link where the webinar can be viewed in its entirety, here. As you’ll… Continue Reading

Excuse Me, There’s Some Ketchup on Your Miracle Whip Bottle

By on Posted in AlphaWatch, Branding, Food, Marketing, Product Packaging

–Dan Kelly, Attorney Today, another chapter of AlphaWatch.  I saw an arresting display of Miracle Whip dressing at my local grocery store a couple of weeks ago.  Certain members of my household cannot stand the stuff, so we don’t generally buy it, and I had been blissfully unaware of the most recent label: I will grudgingly… Continue Reading

Reese for Sheriff?

By on Posted in Advertising, Branding, Dilution, Fair Use, First Amendment, Food, Guest Bloggers, Product Packaging, Trademarks

Hat tip to Dave Taylor who provided this photo for some discussion: Looks like a fellow named Mark Reese, currenting Acting Sheriff, is running for Sheriff in Lancaster Country, Pennsylvania, right in Hershey’s backyard. Do you suppose this Hershey’s trade dress may have inspired the Acting Sheriff’s campaign?  Your thoughts on whether Hershey’s has a claim?… Continue Reading

That Purple Cereal

By on Posted in Advertising, Branding, Fair Use, Food, Infringement, Marketing, Product Packaging, Sight

–Susan Perera, Attorney As you likely know, many of the Duets Blog bloggers were involved in a full day trademark CLE last week. One of the sessions focused on the issues facing private label brands and the line between identifying your competitor by using similar packaging and infringing on their trademark or trade dress. Along those… Continue Reading

Samuel Adams Better Beer Glass . . . No Trademark For You?

By on Posted in Advertising, Branding, Food, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Sight, Trademarks

If the "Soup Nazi" were employed as a Trademark Examining Attorney at the USPTO, he might be heard crabbing at the makers of Samuel Adams Boston Lager, were they to attempt to register or claim as a trademark the shape of their "new" beer glass from 2007, now almost four years old: "No trademark for you!" ("Best… Continue Reading

Look for Reese’s “Perfect Mix”

By on Posted in Advertising, Branding, Famous Marks, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Taste, Television, Trademarks

–Dan Kelly, Attorney Earlier this week, Jason Voiovich commented on The Great Chocolate War between Hershey and Mars. We obviously have chocolate on the brain here this week.  The company that brought you the product configuration trademark to the right has recently released the below commercial for Reese’s Peanut Butter Cups–perhaps further establishing rights in… Continue Reading

The Great Chocolate War

By on Posted in Advertising, Branding, Guest Bloggers, Infringement, Law Suits, Marketing, Product Packaging, Trademarks

—Jason Voiovich, author of the “State of the Brand” & Vice-President of Marketing for AbleNet, Inc. It sounds like something I’d get wrong in a game of "Trivial Pursuit". Name the belated military attempt of King William I to restore his position as monarch over the Belgians. I might have guessed the delicious-sounding "great chocolate… Continue Reading

Toothpaste Trademark Tussle

By on Posted in Fair Use, Infringement, Law Suits, Product Configurations, Product Packaging, Trademarks

–Dan Kelly, Attorney News outlets reported this past summer on GlaxoSmithKline’s trademark infringement lawsuit against Colgate-Palmolive Company about the use of what GSK alleges are its trademarks for TRIPLE PROTECTION and a nurdle. I’m sorry . . . what’s that?  You’ve never heard of a nurdle?  You have probably seen one.  A nurdle looks like this: (You… Continue Reading

Gap, Tropicana, The Wall Street Journal, and the 1968 Tet Offensive

By on Posted in Branding, Guest Bloggers, Marketing, Product Packaging

by James Mahoney, Creative director/writer at Razor’s Edge Communications What does a 42-year-old military offensive have to do with branding and social media? Quite a bit, as it happens. Consider four seemingly unrelated situations: First, clothing purveyor Gap experienced an alleged misadventure recently when it unveiled a "new logo" on its website, only to reinstate… Continue Reading

When Holes in Markets Can’t Be Filled

By on Posted in Branding, Guest Bloggers, Marketing, Product Packaging

 —David Mitchel, Vice President of Norton Mitchel Marketing Successful brands often find holes in markets that need to be filled. There are numerous examples to illustrate this point. Microsoft found a great niche in the computer software market and their success made Bill Gates one of the richest individuals on the planet. Apple’s iPod was… Continue Reading