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Category Archives: Social Networking

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Another Nominative Fair Use Example?

Posted in Advertising, Branding, Fair Use, Food, Marketing, Social Media, Social Networking, Trademarks

Twitter seems to be going strong, despite early questions about whether it would ever shed the notion of being a waste of time, as evidenced by this currently running billboard ad: To the extent this billboard looks familiar (admittedly a more diminutive glass here), you might recall my questions about it three years ago: Marketing Nirvana… Continue Reading

“Frankenstein” Class Action Suit Against YouTube Dies in Court…For Now

Posted in Copyrights, Guest Bloggers, Infringement, Law Suits, Mixed Bag of Nuts, Social Media, Social Networking, Technology

- Ryan Francis, Law Student, William Mitchell Law School      vs.   Is he alive? Not really, but the Manhattan Second District Court recently referenced the Frankenstein monster in The Football Ass’n Premiere League Ltd. v. YouTube Inc., No. 07 CIV. 3582 LLS, 2013 WL 2096411 (S.D.N.Y. May 15, 2013). In this case, plaintiffs alleged… Continue Reading

Oreo: interactive food, interactive brands

Posted in Advertising, Branding, Marketing, Social Media, Social Networking

Oreo consistently receives media attention and accolades for their use of non-traditional media. They have created numerous memorable advertising moments through their twitter account. The stand out is of course their Super Bowl power outage tweet: The ad was widely regarded as one of the best of the Super Bowl, even though it cost zero… Continue Reading

Are TV & Digital Mutually Exclusive? Not at All: Why Multi-Channel Marketing Makes Sense

Posted in Advertising, Branding, Guest Bloggers, Marketing, Mixed Bag of Nuts, Social Media, Social Networking, Technology, Television

- David Mitchel, Director of Marketing – Distribion, Inc. AdAge posted an article today featuring CBS CEO Les Moonves commenting why his network is a better fit for media buyers than digital media. One quote attributed to Moonves was: “If you need to reach a mass audience, you’re not going to get that online….We figured… Continue Reading

Evaluating Equations for Measuring Social Media ROI

Posted in Guest Bloggers, Social Media, Social Networking

- David Mitchel, Director of Marketing – Distribion, Inc. At the end of my last guest post on this site, I promised that my next post would evaluate some mathematical equations for measuring social media ROI. Special thanks to Angie Schottmuller of Search Engine Watch for writing a detailed article entitled “Social Media ROI: 14… Continue Reading

Twitter Can Be a Brand Marketer’s Best Friend

Posted in Advertising, Branding, Guest Bloggers, Marketing, Mixed Bag of Nuts, Search Engines, Social Media, Social Networking, Technology

- Debbie Laskey, MBA If you’re a marketer, you probably spend a great deal of your day checking Twitter, Facebook, Google Plus, and LinkedIn. Depending on your industry, you may also spend time on YouTube, Flickr, Instagram, and any number of other peripheral sites. But did you know that Twitter can be your best friend… Continue Reading

Canine Inspired Copyright Confusion?

Posted in Agreements, Contracts, Copyrights, Infringement, Marketing, Social Networking, Trademarks

When we mention confusion on DuetsBlog, we’re typically referring to the well-known likelihood of confusion test of trademark infringement. But today, we’re focused on the apparent confusion many have about the important question of: When copyright protection comes into being. If you ever have wondered whether something is or has been “copyrighted,” this post is for… Continue Reading

The Pancake Disillusion

Posted in Branding, Guest Bloggers, Marketing, Social Networking

- James Mahoney, Razor’s Edge Communications It was a sunny day, and Richard Milhous Nixon was inspecting the troops.  He came within spitting distance of the photographer pen, where I was babysitting some press people. “Holy cowpat!” I thought.  “The President is wearing make-up!” Sure enough, Nixon had more pancake on his face than Aunt… Continue Reading

Inherently Distinctive Product Packaging?

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

Rebranding in the Social Media Age and Recent Uproar Over UC Logo

Posted in Branding, Famous Marks, Guest Bloggers, Marketing, Mixed Bag of Nuts, Social Networking, Trademarks

By Debbie Laskey , MBA Did you see the sequels for Rocky, Star Wars, or Harry Potter? If you did, then you understand the concept of a movie sequel. Some characters are the same, and some plot lines continue, but above all, the brands remain the same. Directors and producers spend millions to make sure… Continue Reading

University of California Flushes New Logo

Posted in AlphaWatch, Branding, Guest Bloggers, Marketing, Social Networking, Trademarks

So, last Friday we covered this story: Critics Flush New University of California Logo. Now, we can report that the next morning, the Los Angeles Times wrote this story: Maligned UC Logo Shelved; “Time to Move On,” Officials Say. Putting aside any possible questions about cause and effect, is there a difference between flushing a… Continue Reading

What Drives eCommerce? The Answers May Surprise You

Posted in Domain Names, Marketing, SoapBox, Social Networking

–Dan Kelly, Attorney A couple of weeks ago, Forrester Research issued a report called “The Purchase Path of Online Buyers in 2012.”  The report has a great deal of interesting information, two pieces of which underscore points I have hammered here for a while.  First, the report notes that “[d]irect traffic is critical to sales:”… Continue Reading

Trademark Civility

Posted in Branding, Infringement, Law Suits, Marketing, Social Networking, Trademark Bullying, Trademarks

About a week ago I had the honor and pleasure of once again presenting the annual trademark review at the 11th Annual Midwest IP Institute in Minneapolis, Minnesota, with good friend and trademark guru Paul Mussell. And happily, TTABlogger John Welch once again graciously contributed the IP Book chapter on the Top Ten TTAB Cases. One… Continue Reading

3 Reasons Why Googlers Rarely Read Anything Past Page One

Posted in Guest Bloggers, Marketing, Search Engines, Social Networking, Technology

- Rich Gorman, Direct Response Marketing, serial entrepreneur and innovator On one level, the field of online reputation management is easy to explain. As Cliff Stein, Reputation Changer CEO, likes to say, it’s all about giving companies and individuals some control over how they are portrayed on the Internet. Are you a young professional, desperate to… Continue Reading

Overcoming the Ostrich Strategy by Effectively Using Your Strategic Plan

Posted in Advertising, Guest Bloggers, Marketing, Mixed Bag of Nuts, Search Engines, Social Networking, Technology

- Debbie Laskey and Ward Schendel We all learn a great deal from DuetsBlog and the legal and marketing community assembled by Steve Baird and his team.  As guest bloggers on DuetsBlog, we, Debbie Laskey and Ward Schendel, recently had a conversation about the importance of strategic planning and decided to collaborate on a joint… Continue Reading

The Internet Goes Back to High School: “Groupthink” Sends Pitbull to Alaska

Posted in Articles, Guest Bloggers, Marketing, Mixed Bag of Nuts, Social Networking, Technology

—Laura Toledo, Account & Marketing Manager at Tenrec I grew up in a very small town (graduated with less than 40 kids). Our class’s makeup consisted of maybe 15 girls and all the rest boys. We had a love-hate relationship (mostly hate). When the girls decided we wanted something, the boys would always out-vote us… Continue Reading

5 Things You Can Learn From Facebook About Brand-Building

Posted in Branding, Guest Bloggers, Marketing, Social Networking

—Debbie Laskey, MBA By now, everyone with a television, radio, computer, smartphone, tablet, newspaper, or a few friends has heard that Facebook went public. The company’s initial public offering raised an insane amount of money as well as support from countless new investors. But Facebook has something more valuable to share: five lessons how to… Continue Reading

Wish You Were Here!

Posted in Guest Bloggers, Mixed Bag of Nuts, Social Networking

We were so thankful to spend our 3rd birthday with some wonderful friends at our birthday bash on March 27. This is what blogging (and social media) is all about. “Meeting” online, finding some commonality, and then meeting face-to-face. Forming relationships with people whom – without some kind of technology – we may never have met…. Continue Reading

How Fashionable is the Louis Vuitton “Trademark Bully” Label?

Posted in Articles, Branding, Copyrights, Counterfeits, Dilution, Fair Use, Famous Marks, First Amendment, Infringement, International, Marketing, Social Networking, Trademark Bullying, Trademarks

There has been quite a flap surrounding the poster and invitation used by the University of Pennsylvania Law School to promote Penn Intellectual Property Group’s Fashion Law Symposium, scheduled for a week from tomorrow. The symposium appears to be designed as a serious affair, boasting an all-star cast of general counsel from the fashion industry, including those from… Continue Reading