DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Billboard Advertisements

Mark Zuckerberg Means What?

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

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

Rapala Taunts a Monster?

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

Happy 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, Marketing

The 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, Trademarks

We’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, TTAB

Now 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, Trademarks

 With 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 Names

What 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 Nuts

Some 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

Good Bye Google, Hello Whudjagiddumon?

Posted in Mixed Bag of Nuts

Rapala’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, 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

Likelihood of Confusion (As to What?)

Posted in Advertising, Agreements, Branding, Contracts, Famous Marks, Goodwill, Marketing, Trademarks

Who 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, Marketing

It 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

Obamatunistic Advertising

Posted in Advertising, Branding, First Amendment, Guest Bloggers, Infringement, Marketing

Jacket maker Weatherproof Garment Company took advantage of a GQ-style photo of the President standing in front of the picturesque Great Wall of China. The White House was not pleased. Smack in the middle of Times Square in New York – one of the busiest and most-watched intersections on Earth – stood a larger-than-life billboard… 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, Trademarks

A 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, Trademarks

Taglines 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, Trademarks

Full 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