DuetsBlog Collaborations in Creativity & the Law

Tag Archives: 3M

BAND-AID, TM Death by a Thousand Cuts?

Posted in Advertising, Branding, Famous Marks, Genericide, Loss of Rights, Marketing, Trademarks, Truncation

If you were a Band-Aid brand adhesive bandage, and you were cut, would you protect yourself? Brent, sorry I couldn’t help myself, I’m still enjoying your Louis Vuitton waffle-maker post. With that intro, let’s turn another page to the Genericide Watch category, here at DuetsBlog: In focusing attention on the first item in the list shown above, to the… Continue Reading

3M v. Shoplet (A Post-It Brand Stick Up?)

Posted in Law Suits

Last Friday Twin Cities Business and the Minneapolis Star Tribune reported on 3M’s recent trademark infringement case filed against online retailer Shoplet. In case you haven’t seen it yet, here is a pdf of the complaint. It asserts a variety of violations of 3M’s exclusive rights in the federally-registered POST-IT trademark, including federal trademark infringement, false designation of… Continue Reading

Does Size Matter, When Identifying a “Trademark Bully”?

Posted in Counterfeits, Infringement, Law Suits, Trademark Bullying, Trademarks

Who says that being a large corporate trademark owner is one of the prerequisites to earning the emotionally-charged, pejorative, and ill-defined label “trademark bully“? Well, the original directive to the USPTO appears to assume that “trademark bullying” is a one-way street, disfavoring only large corporate trademark owners, and ignoring the possibility that individuals and small businesses are equally capable of deserving… Continue Reading

Trademark Bully Update: IPO Says Not a Problem

Posted in Famous Marks, Goodwill, Infringement, Law Suits, Trademark Bullying, Trademarks

The Intellectual Property Owners Association (IPO) submitted its comments last Friday in response to the USPTO’s recent invitation for input on whether “trademark bullying” is a problem. In response to the USPTO’s key question “Do you think trademark ‘bullies’ are currently a problem for trademark owners, and if so, how significant is the problem?” IPO… Continue Reading

A Longer, Unnecessary Name for the Volvo Brand?

Posted in Advertising, Audio, Branding, Fair Use, Marketing, Trademarks

Someone who is in the business of repairing Volvo brand automobiles has the right to say so, in advertising, and elsewhere – without obtaining advance permission from Volvo – provided consumers aren’t likely to understand the advertisement or communication to mean that the repair services and/or the business providing them is authorized by, affiliated with, or otherwise connected to… Continue Reading

Nominative Fair Use?

Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Infringement, Marketing, Trademarks

I have asked the question before about the Google brand appearing in a Rapala billboard ad, here. I have asked it when 3M’s Post-It note appeared in an Accountemps billboard ad, here and here. Now I’m asking it again with a different brand and a different billboard ad: Does Morrie’s Automotive Group’s use of the Match.com brand… Continue Reading

Surface Level Branding Runs Deep on This Athletic Field

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

To sports fans of this university, December has been a big month because their beloved team finished the 2009 regular football season undefeated (13-0) once again, winning yet another post-season BCS bowl game bid. Next month will be even bigger news if their WAC team happens to defeat TCU in the Tostitos Fiesta Bowl. To trademark types, however, the biggest news of… Continue Reading

Does Your Eye Spy A Canary?

Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Non-Traditional Trademarks, Trademarks

A couple of weeks ago I posted an Accountemps billboard advertisement that prominently features what appears to be a 3M Post-it brand removable adhesive note, and I asked whether it constitutes fair use, and whether 3M’s permission is necessary to run the advertisement, since 3M owns a federal trademark registration for the color "canary yellow" in connection with these notes…. Continue Reading

Fair Use of 3M’s Post-It Note?

Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Infringement, Marketing, Non-Traditional Trademarks, Trademarks

This billboard ad has appeared in various locations around the Twin Cities for some time now.  Each time I saw it, I wondered whether it would be the last, given how vigilant 3M is in protecting its various trademarks and other intellectual property. This time, I had a camera handy to capture it. Now it’s time for some questions. Is there any… Continue Reading

Medline Industries, Inc. v. 3M Company (False Advertising Complaint Attached)

Posted in Advertising, False Advertising, Law Suits, Marketing

v.                                       (Medline Sterillium Rub)                                          (3M Avagard Surgical Scrub) In a very recent false advertising lawsuit, Medline Industries is all lathered up, alleging that 3M Company is playing dirty in the surgical hand antiseptic marketplace by making false and misleading statements in advertising about 3M’s Avagard brand surgical scrub and Medline’s competing Sterillium Rub brand surgical hand antiseptic. Here is… Continue Reading