DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Christmas

Santa Goes to the Trademark Office

Posted in Advertising, Branding, Contracts, Fashion, Marketing, Social Media, Trademarks

This is Fashion Santa. Or at least it was until recently. Fashion Santa is a role that originated with model, Paul Mason and Toronto’s Yorkdale Mall in 2014. He promoted the mall and a successful charitable giving campaign. Mason continued as Fashion Santa during the 2015 holiday season, and became somewhat of a social media sensation.  But… Continue Reading

For Trademark Demand Letters, Every Letter Counts

Posted in Food, Marketing, Squirrelly Thoughts, Taste, Trademark Bullying, Trademarks

It has not been a great week for oatmeal. The Quaker Oats Company (a subsidiary of food and beverage giant PepsiCo), on the heels of a recall for its Quaker Quinoa Granola Bars, has also made a rather embarrassing gaffe on the trademark enforcement front. And unfortunately, demand letters are far more difficult to recall. Evidently, an in-house trademark attorney at… Continue Reading

Patent System is not the Fire that Hoverboards Need to Put Out

Posted in Articles, Branding, Idea Protection, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Trademarks

One of the hottest toys during the 2015 holiday season was the hoverboard, and doesn’t that seem about right for this year.   I saw my first hoverboard earlier this summer — a guy was walking and holding hands with his girlfriend, as she glided alongside him on the hoverboard.  If I were to make a… Continue Reading

A Few Useful Holiday Inventions

Posted in Patents

One principal requirement for obtaining a utility patent is that the invention be useful.  “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor.” 35 U.S.C. 101.  The usefulness requirement has roots in the Constitutional grant of power… Continue Reading

Have a STELLAr Christmas

Posted in Advertising

While it seems like Santa’s agent did not turn down any requests for ad appearances in 2014 by the Man in the Red Suit (check out this one), this was one of the best recent holiday ads this year: No Santa here, but there is something else conspicuously absent from a Stella Artois commercial –… Continue Reading

I’m a Patent Attorney – Isn’t that Scary Enough?

Posted in Patents, Product Configurations, Squirrelly Thoughts

A Hoppy Halloween from all of us ghoulish folks here at DuetsBlog! Spending for Halloween this year is likely to hit $11 billion dollars, possibly more than is spent decorating for Christmas.  This fact is easily witnessed in many neighborhoods around town, especially this one where just about every house has some sort of Halloween… Continue Reading

The True Meaning of C [hristmas]

Posted in Branding, Dilution, Famous Marks, Goodwill, Infringement, Marketing, Squirrelly Thoughts, Trademarks, TTAB, USPTO

Yes, it has finally arrived: the end of December. Whether you’re someone who views the day as bitter sweet, dreading the day when the dirty looks from your neighbors force you to finally take down your decorations in February, or whether you were ready for it all to be the over the very moment you… Continue Reading

If only I could be a Lego product tester…

Posted in Almost Advice, Branding, Famous Marks, Non-Traditional Trademarks, Patents, Product Configurations, Trademarks

Santa brought me one of my favorite trademarked and patented products:  a LEGO® set! Yes that is Mr. Firefighter dousing the flames on the LEGO® tree while holding a cup of coffee.  The hero of my LEGOland! For a Lego geek like me, there was an intriguing story in the Wall Street Journal last week… Continue Reading

Merry Christmas

Posted in Mixed Bag of Nuts, Squirrelly Thoughts

This image is currently trending on Bing: Anyone know who it is? In addition to wishing everyone Happy Holidays during this wonderful holiday season, we’d also like to wish those who celebrate Christmas a very Merry Christmas too!

A Dickensian Portrait of Christmas Day

Posted in Advertising, Food, Goodwill, Marketing, Mixed Bag of Nuts, Sight, Smell, Sound, Taste, Touch

–Dan Kelly, Attorney I’ve often thought that copy writers could do worse than to make a close study of some of Charles Dickens’ work.  Perhaps too wordy a model for most copy, especially advertising and marketing copy, but he could paint a picture with words. [T]he people who were shovelling away on the housetops were… 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

To Do: Secure Domain Name for New Product

Posted in Branding, Domain Names, Marketing, Trademarks

–Dan Kelly, Attorney This reminder is a bit late for new Christmas-season consumer products, but it bears repeating year round, as companies contemplate new products:  buy domain names associated with a new product before announcing the new product.  This seems like an obvious thing to do, but I regularly read stories where companies fail to… Continue Reading