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Tag Archives: Branding

Adidas v. Puma: Another three-stripe lawsuit

Posted in Branding, Famous Marks, Fashion, Infringement, Marketing

We’ve written on several occasions (for example, here, here, and here) about the aggressive policing by Adidas of its well-known “three-stripe” mark for shoes, including attempts to enforce its mark against other two-stripe or four-stripe designs (with some success). Adidas is at it again, with a new lawsuit asserting trademark infringement based on Puma’s four-stripe design for a… Continue Reading

Patriots Granted Registrations for “Perfect Season” That Never Was

Posted in Branding, Marketing, Mixed Bag of Nuts, Trademarks, USPTO

Regardless of which team you were rooting for, this year’s Super Bowl (a/k/a the Big Game) was an exciting one to watch, with the Patriots making a surprising comeback in the second half, racking up 31 consecutive points to overcome the Falcons 28-3 lead. A number of records were made this year, including the first overtime… Continue Reading

What’s in a name? Registration obtained for “Johnny Hockey”

Posted in Branding, Mixed Bag of Nuts, Trademarks, USPTO

Applying for a federal trademark registration for a name or nickname can be tricky business.  For example, the registration of a mark is prohibited if it is “primarily merely a surname,” meaning that the primary significance of the mark to the public is a surname (such as “Johnson”), unless there is a showing of acquired distinctiveness. See TMEP §§ 1211, 1211.01-.02.  By… Continue Reading

The Vegas Golden Knights – Trademark Denied

Posted in Branding, Marketing, Trademarks, USPTO

Another update for you on the new Las Vegas NHL team. In my previous posts on this interesting saga (here and here), I discussed the team’s unique marketing and trademark strategy leading up to the announcement last month of the team’s name–the Vegas Golden Knights–particularly the secrecy of the name among three options (Silver Knights, Desert Knights, or Golden… Continue Reading

Donald Trump is on to Something

Posted in Advertising, Almost Advice, Branding, Copyrights, Dilution, Infringement, Law Suits, Marketing, Social Media, Trademarks

Some credit Donald Trump’s win to his savvy social media presence, including tweeting.  He reached millions of voters and caught the nation’s attention with his tweets.  The courts are now recognizing this phenomenon. In a recent trademark dispute between a DJ and a rapper over the trademark “LOGIC,” the Sixth Circuit recently criticized a district… Continue Reading

The End of Bland Names?

Posted in Advertising, Almost Advice, Branding, Guest Bloggers, Marketing, Trademarks

-Mark Prus, Principal, NameFlash Name Development Publicis Groupe, the holding company of worldwide marketing agencies, has been restructuring over the past year. In March they announced a major restructuring of their media arm Publicis Media that broke apart longtime media agency ZenithOptimedia. Zenith now operates as a standalone agency, while Optimedia joined forces with Blue… Continue Reading

South Texas College of Law: A Rebranding Update

Posted in Branding, Infringement, Law Suits, Marketing, Trademarks

As Steve wrote about a few weeks ago, the South Texas College of Law changed its name in June to the Houston College of Law, with a newly designed brand, shown below. This rebranding effort sought to market the school’s urban location in Houston.  Since June, the school spent tens of thousands of dollars on a rebranding and marketing campaign, including… Continue Reading

Increase Recall of Your Message By…

Posted in Advertising, Almost Advice, Branding, Guest Bloggers, Look-For Ads, Marketing

-Mark Prus, Principal, NameFlash Name Development Yes, I know the title of this post is incomplete. That is what this post is all about. Marketers know that “unfinished tasks” are the most memorable. Your brain seeks “cognitive closure” and so you will remember unfinished tasks until you complete them. This effect is called the Zeigarnik effect… Continue Reading

Sonic v. Supersonic Coffee v. AKA Coffee: Bullied to a better brand?

Posted in Branding, Dilution, Famous Marks, Trademark Bullying, Trademarks, TTAB

A specialty coffee roastery in San Francisco, Supersonic Coffee, has decided to rebrand to the name AKA Coffee, as reported yesterday.  The impetus for the rebrand was an opposition at the Trademark Trial and Appeal Board (TTAB) by the national fast-food chain Sonic, against Supersonic Coffee’s trademark application for the word mark SUPERSONIC.  This trademark application (Serial No. 86382164)… Continue Reading

Should a Brand Change Its Name for a Little While?

Posted in Branding, Guest Bloggers, Infringement, Marketing, Trademarks

–Debbie Laskey, MBA In May, Anheuser-Busch made news when it announced that it would change the name of its most famous brand from Budweiser to America. So, from late-May to November, in every liquor store, convenience store, gas station kiosk, discount warehouse, and supermarket, people will be saying something strange: “I’ll take a six-pack of… Continue Reading

A Lesson In Reusing Historic Brand Names #TBT

Posted in Branding, Guest Bloggers, Marketing, Mixed Bag of Nuts

-Mark Prus, Principal, NameFlash Name Development The music streaming service Rhapsody just announced that they are rebranding themselves as Napster, a brand they acquired in 2011. Is bringing back this historic brand name a good idea? Let me go on record as saying I’m a huge fan of leveraging existing brand equity in historic brand… Continue Reading

What Black Mamba, Make America Great Again, and Netflix Fast all have in common

Posted in Advertising, Branding, Fashion, Marketing, Patents, Trademarks, USPTO

– Jason Voiovich, Chief Customer Officer, Logic PD It’s not a new reality show. Let’s take that off the table straight away. That said, one could be forgiven this year (of all years) for imagining a scenario in which retired basketball great Kobe Bryant teamed up with not-so-retired real estate sort-of great Donald Trump to… Continue Reading

I’ll Take a Trademark, Up, With a Twist

Posted in Almost Advice, Branding, Product Packaging, Trademarks, USPTO

Indeed Brewing Company, a popular brewery here in Minneapolis and a favorite of mine, announced that they were revamping their acclaimed packaging.  A story in the Minneapolis-St. Paul Business Journal unveiled their new packaging: As a really nicely executed design, it de-clutters the look of the can while keeping the well-known artistic features and color… Continue Reading

Trademarks Can Be a Bitch

Posted in First Amendment, Trademarks, TTAB, USPTO

And I mean that literally. We’ve laid down a lot of digital ink in the past about pejorative marks – lately in reference to the Redskins (at least here, here, and here) and  The Slants (here and here), both of which have been deemed disparaging enough to deny them a federal trademark registration.  We’ve even… Continue Reading

Anyone for a Jimmy John’s Freaky Fast Delivery?

Posted in Branding, Guest Bloggers, Mixed Bag of Nuts

—Aaron Keller, Managing Principal, Capsule We appreciate brands with personality. From our studies of brands, there are way too many living in a pool of vanilla ice cream and wondering why their customers don’t engage. Brands need interesting, engaging personalities and they are most effective when coming to life within the experience. The Jimmy John’s… Continue Reading

Protecting the World’s Most Valuable Non-Brand

Posted in Branding, Contracts, Guest Bloggers, Mixed Bag of Nuts, Search Engines, Technology

– James Mahoney, Razor’s Edge Communications “Brand” and “branding” are the current darlings of the fashionista class. They’re rapidly driving those terms into the realm of cliché by busily associating them with practically everything you can think of. But in the midst of branding’s 15 minutes of fame, a potentially crippling challenge faces the non-brand… Continue Reading

Oreo: interactive food, interactive brands

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

Oreo consistently receives media attention and accolades for their use of non-traditional media. They have created numerous memorable advertising moments through their twitter account. The stand out is of course their Super Bowl power outage tweet: The ad was widely regarded as one of the best of the Super Bowl, even though it cost zero… Continue Reading