As my name came from the famous “Breakfast at Tiffany’s” where Audrey Hepburn made the little black dress famous, it is no surprise that I am a BCBG Max Azria fan. The famous designer was recently dealt a blow by a Pennsylvania court. BCBG, taken from the French phrase “Bon Chic, Bon Genre” (slang for good… Continue Reading
Tag Archives: Clothing
Burlington Coat Factory’s Claim of Naked Licensing Is Not A Ploy To Increase Coat Sales
Posted in Law SuitsWhen accused of trademark infringement by popular designer Fendi, Burlington Coat Factory attempted to defend the lawsuit by raising the affirmative defense of “naked licensing.” Do not let the thought provoking name fool you. The doctrine has nothing to do with disrobing. Instead, the doctrine is designed to prevent confusion by consumers as to the source of the… Continue Reading
Trademark Lessons from “Jersey Shore”
Posted in TrademarksAt the risk of giving the readers of this blog the wrong impression about my tastes in entertainment, I have to mention the MTV show Jersey Shore. In just a few months, this reality television series about a group of proud New Jerseyans (or Jersyeites?) living at a beach house in the Garden State has partied,… Continue Reading
Of (USC) Trojans and (USC) Gamecocks
Posted in Branding, Famous Marks, TrademarksA few weeks ago, the Federal Circuit Court of Appeals issued its decision in The University of South Carolina v. the University of Southern California in South Carolina’s appeal from the Trademark Trial and Appeal Board (“TTAB”). The Federal Circuit affirmed the TTAB’s finding that consumers are likely to be confused by South Carolina’s use… Continue Reading
Obamatunistic Advertising
Posted in Advertising, Branding, First Amendment, Guest Bloggers, Infringement, MarketingJacket 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
David Takes on Goliath
Posted in TrademarksReverse confusion trademark infringement claims are sometimes reminiscent of the well-known biblical story of David versus Goliath. This doctrine basically protects smaller, lesser known, trademark owners whose trademarks are infringed upon by large multi-national companies with gigantic advertising budgets. You may want to check out a few prior posts on DuetsBlog relating to Lion’s Tap and… Continue Reading
“Nobody Puts Baby in a Corner”
Posted in Famous Marks, Law Suits, Marketing, TrademarksThis summer has seen popular icons pass away such as Michael Jackson and Farrah Fawcett as we have discussed in earlier blog posts. With the recent passing of “Dirty Dancing” star Patrick Swayze last week, I am reminded of his famous saying “Nobody Puts Baby in a Corner” : Two years ago this famous saying was… Continue Reading
Counting By Numbers, or Stripes? A Likelihood of Confusion Tale.
Posted in Branding, Domain Names, Infringement, Law Suits, Marketing, TrademarksWhen it comes to scope of rights and trademark enforcement, as a trademark type, it’s hard not to admire Adidas’ success in preventing the use of two, three, and four stripes, when its long-standing federally-registered design mark consists of three stripes. At least in the U.S., Adidas appears to have gained a one… Continue Reading
Lee? L.e.i.? Tomato? Tomahto?
Posted in Advertising, Branding, TrademarksI should confess, if I haven’t already, that I do not watch much television. I’m not sure if T.V. viewing would have helped me to be more knowledgeable on what follows, but I was surprised on a recent road trip when my wife and I saw a semi trailer splashed with pictures of Taylor Swift… Continue Reading
Picking Levi’s Pocket or Nominative Fair Use?
Posted in Advertising, Almost Advice, Branding, Fair Use, Marketing, Non-Traditional Trademarks, Sight, TrademarksWe have had somewhat of an unplanned blue jeans theme here at DuetsBlog, with Karen blogging about the upside down triangle logo associated with Guess designer jeans from the 1980s, here, and Tiffany blogging about Levi Strauss and Abercrombie & Fitch butting heads, here. My turn now to talk about a blue jean brand, along with airbrushing, non-traditional… Continue Reading
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Duets Blog Authors
Steve Baird
Just so you know, I'm all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, "Who owns these brands" and "Did they really register those marks?" More...
Dan Kelly
You can call me a “non-traditional” attorney, which is a polite way of saying that I did not attend law school straight out of college. I spent five of my first six years after college as a junior high school teacher. The other year I worked as an engineer for a large corporation. More...
Sharon Armstrong
Voted most likely to become an actress while in pre-school, I don’t think I surprised anyone by becoming a lawyer, the steadiest professional gig open to those with a flair for the dramatic. More...
Brent Lorentz
Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. More...
Catlan McCurdy
Having long been told by my parents that I could do or be anything I wanted, I chose at the age of 10 to become an attorney, as it was the career that would most likely lead me to my goal of becoming the first woman POTUS.More...
Tiffany Blofield
Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else. More...
Brad Walz
My law career started on the ice…as a defensive hockey player (we’re not talking professionally…and if I were, I probably wouldn’t have gotten into law). More...
Susan Perera
Born into the world with an aptitude for science and an affinity for art I found my career path quickly chosen for me. More...
Joy S. Newborg
When I took a personality/career test in high school to determine which path in life I should follow, I was told I should either be in broadcast journalism or law. So after I went to undergraduate school for broadcast journalism and film/television, I went on to obtain my law degree from the University of Minnesota. More...
Laura Gutierrez
An attorney I am not. Though told to become one, I don't possess those qualities needed to be an effective one (I lack confrontation skills, and although I can write a great argumentative essay, I can’t argue outside a sheet of paper). More...