Trademark types frequently encounter brand owners and managers with substantial misunderstanding and confusion about when use of the federal registration notice symbol is lawful. Most of the time a misuse or technical violation results from an honest mistake, but sometimes the misuse is, and starts out intentional, or perhaps the misuse begins to look intentional if it isn’t promptly… Continue Reading
Tag Archives: Brand Owner
Seth Godin on Subtlety: The Trademark Perspective
Posted in Branding, Goodwill, Look-For Ads, Marketing, Non-Traditional Trademarks, TrademarksSeth Godin’s recent post entitled Subtlety, deconstructed, struck a chord with me, and should strike a chord with all trademark types and the brand owners they represent. Here is my favorite excerpt: Subtle design and messaging challenge the user to make her own connections instead of spelling out every detail. Connections we make are more powerful than… Continue Reading
Serving Up More Alphabet Soup at W’s XYZ?
Posted in AlphaWatch, Branding, Marketing, TrademarksOne of Minneapolis’ most recent hotel additions, Aloft Hotel, branded as a "hip" hotel and a "vision" of Starwood’s W, apparently features the WXYZ Bar. Or is it XYZ? I’m not sure, and I’m not sure if Starwood or W have made up their minds yet either (as there appears to be different font, size, and spacing between the W and the lower case… Continue Reading
Kleenex® Not Wanting to Blow It: Some Steps to Avoid Trademark Genericide
Posted in Advertising, Branding, Famous Marks, Genericide, Loss of Rights, Marketing, TrademarksThis sponsored banner ad is currently appearing in AdAge’s Daily News on-line newsletter: How many boxes of tissue do you suppose this ad is responsible for selling? If the answer is none, that is probably fine with Kimberly-Clark since the return on investment for this ad is measured quite differently, I’m sure, given how the frequently misused Kleenex®… Continue Reading
Bridging the Brand Consultant-Client Divide
Posted in Branding, Guest Bloggers, MarketingFrom My Cousin Vinny: Vinny Gambini: I object to this witness being called at this time. We’ve been given no prior notice he would testify. No discovery of any tests he’s conducted or reports he’s prepared. And as the court is aware, the defense is entitled to advance notice of all witnesses who will testify,… Continue Reading









