This billboard ad has been running in the Twin Cities for a while now, promoting a local car dealership who is very proud of its website: Does anyone seriously believe that Mark Zuckerberg – the twenty-seven year old president, chief executive officer, and co-creator of the Facebook social networking site — is jealous of the morries.com website?… Continue Reading
Tag Archives: Billboard Advertisements
Rapala Taunts a Monster?
Posted in Advertising, Branding, Fair Use, Marketing, TrademarksHappy Mother’s Day! So, it’s time again to talk a little fishing billboard branding, I guess. We have enjoyed discussing Rapala billboard ads over the last couple of years, the "attracting cats" billboard, the "More hits than Google" billboard, the "Whudjagiddumon" billboard, and now the "Do you believe in monsters?" billboard. Note the upper case "G"… Continue Reading
New Billboard Advertiser Needed?
Posted in Advertising, MarketingThe answer is, apparently not. This falls under the category of, some things aren’t what they seem to be, or maybe they are just that, so let me try to explain. Blog posts don’t always turn out the way you might think at the start, and this one is a perfect example of how they can… Continue Reading
The Meaning of “Readily Identified” in Trademark Nominative Fair Use
Posted in Advertising, Branding, Fair Use, Goodwill, Infringement, Marketing, TrademarksWe’ve talked a lot about the nominative fair use of trademarks. Remember the Cars.com billboard that used the Minnesota Twins name as brand bait? We had some discussion in the comments, where I said this about the Cars.com ad: Although the billboard doesn’t use the Twins script or logo, I still believe the stronger argument… Continue Reading
When the Color Black Functions, But Not as a Trademark
Posted in Advertising, Branding, Law Suits, Marketing, Non-Traditional Trademarks, Trademarks, TTABNow that kids are back to school and summer is coming to a close, this billboard advertisement has disappeared from I-94 just outside of downtown Minneapolis. Before it vanished from the roadside, however, I thought to capture it to tell a little trademark tale here, one from years past, but one that remains relevant, important, and applicable to trademark claims involving the color black. As… Continue Reading
Ambush Marketing With A Twist of Twins Brand Bait?
Posted in Advertising, Branding, Infringement, Marketing, TrademarksWith the brand new outdoor Target Field located in downtown Minneapolis, the buzz is palpable, and there is certainly more foot and other forms of traffic, especially on the end of town closest to where the Minnesota Twins now play their home games. Given that increased traffic I suppose I shouldn’t be surprised that some businesses will… Continue Reading
My Goodness, More “My” Branding & Marks
Posted in Advertising, Domain NamesWhat are the odds, that in my attempt to capture a billboard ad, reinforcing Dan’s earlier point about the ubiquity of MY branding, I unintentionally document two in the very same photo? Just so you know, I’m heading out to buy a lottery ticket, and I’ve never bought one before.
Marketing Nirvana for Twitter?
Posted in Mixed Bag of NutsSome marketing types have said that having your brand name verbed by others is heavenly, well beyond flattery, kind of like a marketer’s Shangri-la. As you may recall, we have explored the legal implications of the verbing of brands here, here, here, and here. What about having your brand name used as a reference point in another’s advertising? If you’re the… Continue Reading
Before and After (Billboard Ads)
Posted in Advertising, Branding, Fair Use, Non-Traditional Trademarks, TrademarksBefore we asked whether the Accountemps billboard makes fair use of 3M’s Post-It note and canary yellow trademark: After (as in today): Now, I’m not taking credit (or blame, depending on your perspective), I’m just saying, we noticed the change and thought you should too.
Good Bye Google, Hello Whudjagiddumon?
Posted in Mixed Bag of NutsRapala’s brand new Whudjagiddumon? billboard ads are now appearing in the Twin Cities metro area, just in time for Mother’s Day: Last Summer Rapala ran billboard ads featuring the controversial tagline: More Hits Than Google: So, what is Whudjagiddumon? Here is my proposed entry for Webster’s Dictionary: Whud-ja-giddum-on [whatcha-giddem-on] -noun Another word for Plan B;… Continue Reading
Nominative Fair Use?
Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Infringement, Marketing, TrademarksI 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
Likelihood of Confusion (As to What?)
Posted in Advertising, Agreements, Branding, Contracts, Famous Marks, Goodwill, Marketing, TrademarksWho is responsible for this billboard ad? Is it a Google advertisement? Verizon? Motorola? Droid? Whatever the answer, it helps make the point visually that trademarks require protection beyond mere confusion as to source; basically, the same point we made a while back (in response to Seth Godin’s trademark position and then during a friendly sparring match with Ron Coleman), as we discussed the breadth of the… Continue Reading
Permission to Exploit Jennifer Aniston’s Right of Publicity?
Posted in Advertising, Agreements, Contracts, MarketingIt is probably safe to assume that Channel 45 obtained permission to use Jennifer Aniston’s likeness and exploit her right of publicity in promoting viewership of syndicated Friends television programs. That’s a deal where everyone appears to win, Channel 45, viewers, advertisers, Aniston, and the other Friends cast members who share in the syndication royalties along with Ms. Aniston…. Continue Reading
Lion’s Tap Shouldn’t Have Sued. At Least Not So Soon.
Posted in Advertising, Almost Advice, Branding, Food, Guest Bloggers, Infringement, Law Suits, Marketing, TrademarksA brief study in how the Lion’s Tap could have had its burger and eaten it too. I have to say, in the interest of full disclosure, I have an irrational love for the Lion’s Tap. Ever since I worked in Eden Prairie back in the 1990s, I’ve been hooked. Fast forward the better part of… Continue Reading
All About Taglines and Advertising Slogans: Who’s Your Patty Anyway?
Posted in Advertising, Branding, Dilution, Famous Marks, Food, Infringement, Law Suits, Marketing, TrademarksTaglines and advertising slogans can be wonderful branding and marketing tools, but I’m thinking (not Arby’s, by the way) that McDonald’s is probably not thinkin’ that its (likely) famous I’m lovin’ it tagline accurately describes its taste for the federal trademark infringement lawsuit that Twin Cities-based Lion’s Tap recently slapped on McDonald’s for its whopper of an advertising campaign — promoting its new Angus… Continue Reading
To Google® Or Not To Google®
Posted in Advertising, Branding, Genericide, Guest Bloggers, Marketing, Search Engines, TrademarksFull disclosure…I own Google stock. I like their products and their potential. However, I am more than a bit concerned about how they use their names and trademarks. Microsoft® names its products in a traditional fashion. Microsoft is the company; names like Windows, Silverlight, Bing are clearly the products. A very logical naming architecture that makes it clear where… Continue Reading
The Syndication of Friends: Jennifer Aniston Playing BFFL Role?
Posted in Advertising, Agreements, Contracts, Marketing, TruncationLearning at least a few new things each day is a good thing. One of the many things the special women in my life (wife and daughter) taught me today is the meaning of the apparently ubiquitous acronym BFFL: "Best Friends for Life." So, the special men in my life learned something along with me today. I’m… Continue Reading
Rapala’s “More Hits Than Google” Billboard Update (Photo Included)
Posted in Mixed Bag of NutsFinally, here is a photo of Rapala’s "More Hits Than Google" billboard ad discussed previously in my Monday post entitled: "Rapala Fishing Lures: More Hits Than Google? Or, More Cats Than You Can Shake a Stick At? " Sorry for the delay folks. Anyone notice the exceedingly small print located in the lower right corner… Continue Reading









