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Tag Archives: Bing

The Big Dance Around Trademark Madness

Posted in Advertising, Famous Marks, Guest Bloggers, Infringement, Marketing, Sight, Social Media, Social Networking, Trademarks

– Draeke Weseman, Weseman Law Office, PLLC Last week, the Chicago Sun Times profiled Loeb & Loeb attorney Douglas Masters, the NCAA’s outside counsel in charge of trademark enforcement during March Madness. Licensing the official sponsorships is big business, and enforcement demands require Masters to send out hundreds of cease-and-desist letters to both accidental infringers… Continue Reading

Managing The Legal Risk of “Verbing Up” Brands and Trademarks

Posted in Advertising, Branding, Domain Names, Genericide, Loss of Rights, Marketing, Trademarks

Trademark lawyers need to face the facts. Despite decades of ardent counseling to the contrary, business executives and marketers are not only testing the waters with the treatment of their most valuable brands as verbs, in some cases, they are diving in head first, committing substantial resources and effort toward the clearly stated goal of "verbing up" and having their brands used as verbs by… Continue Reading

Describe Different

Posted in Branding, Guest Bloggers, Marketing, Search Engines, Trademarks

"What am I?" Every invention begs this essential question of identity. The answer is found in the product’s descriptor. A descriptor defines a thing, categorizing it, framing it, positioning it and signaling its intended future. A product that doesn’t claim to break new ground adopts its category’s standard convention. For example, a new, run-of-the-mill digital… 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

How About Summit Beer for the Beer Summit?

Posted in Advertising, Branding, Food, Keyword Ads, Marketing, Search Engines

–Dan Kelly, Attorney Sometimes the world hands you lemons, and sometimes it hands you lemonade . . . or free beer . . . or even free advertising.  What serendipity for the Bud Light, Red Stripe, and Blue Moon brands that the media’s most recent tempest in a teapot has culminated in a “Beer Summit,” and that… Continue Reading

Just Verb It? Part III: Testing the “Slippery Slope” of Using Brands as Verbs

Posted in Advertising, Branding, Genericide, Loss of Rights, Marketing, Trademarks

Although intellectual property lawyers of the Dr. No variety may not like to admit it — I submit that, not all slippery slopes are created equal. While some slippery slope cautions might prevent a few bumps and bruises in traveling along a particular path (e.g., the one on the left below), I suspect far fewer slippery slope… Continue Reading

Just Verb It? Part II: A Legal Perspective on Using Brands As Verbs

Posted in Advertising, Branding, Food, Genericide, Loss of Rights, Marketing, Search Engines, Trademarks

It is probably fair to say from my initial Just Verb It? post, the many articles referenced in that post, the substantial panel of commentary to the post, and additional interest in the topic, that at least two truths about “brandverbing” are beyond much, if any, debate: (1) Lawyers (including the International Trademark Association’s guidelines on proper trademark use) routinely advise brand… Continue Reading

Just Verb It? A Legal Perspective on Using Brands As Verbs: Part I

Posted in Advertising, Branding, Genericide, Loss of Rights, Marketing, Trademarks

There is a growing interest and, quite frankly, a dogged persistence among branding professionals to select brand names that have the ability and potential to be “verbed.” This makes trademark attorney types nervous and those of the “Dr. No” variety actually become unglued. So, why the emphasis or fascination with verbs anyway? The answer apparently can be found in the definition of a… Continue Reading

CatchThis: It Might Be Called Bing, But It’s Not Google

Posted in Advertising, Branding, Marketing, Search Engines, Trademarks

Microsoft is flashing its latest version of bling with its launch yesterday of the much anticipated “decision engine” it has dubbed Bing. I agree the new brand name has a nice ring (according to Microsoft, the “sound of found”), with great brevity, rhythm and cadence, but sorry, I’m sticking with the generic name “search engine,”… Continue Reading