Last year I had a running discussion on color trademarks. I blogged about the issues surrounding the protection of a color as a non-traditional trademark, the impact of industries clustering around a particular color, and the concern that functionality may impede protection of a color trademark. Need a refresher? Check here, here, here, and here…. Continue Reading
Tag Archives: Color marks
Louboutin in Danger of Losing the Red-Soled Trademark
Posted in TrademarksIn April of this year, shoe designer, Christian Louboutin, turned heads in the fashion and trademark crowds when the brand sued Yves Saint Laurent (YSL) for infringing Louboutin’s signature look: red-soled shoes. Duets covered it here. Both interested lawyers and fashion aficionados have been awaiting some form of decision, and our wishes were granted a… Continue Reading
Industry Color Clusters
Posted in BrandingI recently read Nora Reed’s blog post, Locate your Brand on the Color Spectrum, on Logoblog. Nora identified a trend, which you may have noticed from time to time, that some industries tend to congregate in a specific color scheme. For example, fast food logos tend to be in the red/yellow category, while social networking… Continue Reading
That Purple Cereal
Posted in Advertising, Branding, Fair Use, Food, Infringement, Marketing, Product Packaging, SightAs you likely know, many of the Duets Blog bloggers were involved in a full day trademark CLE last week. One of the sessions focused on the issues facing private label brands and the line between identifying your competitor by using similar packaging and infringing on their trademark or trade dress. Along those lines, a friend… Continue Reading
The Great Chocolate War
Posted in Advertising, Branding, Guest Bloggers, Infringement, Law Suits, Marketing, Product Packaging, Trademarks—Jason Voiovich, author of the “State of the Brand” & Vice-President of Marketing for AbleNet, Inc. It sounds like something I’d get wrong in a game of "Trivial Pursuit". Name the belated military attempt of King William I to restore his position as monarch over the Belgians. I might have guessed the delicious-sounding "great chocolate… Continue Reading
Color Marks & One Company’s Long Haul to Color Mark Protection
Posted in Famous Marks, Non-Traditional TrademarksI was surprised to see the six registrations pictured above for color marks come out of the USPTO this month. And I bet that most of you can identify the owner of these marks without even checking the registrations. (If you must, registrations: here, here, here, here, here, here, and here.) Although I wouldn’t consider… 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...
Derek Allen
In hindsight, writing about creativity and the law may have always been in the cards for me. I began training for a career in litigation at an early age by finding ways to disagree with pretty much anyone about pretty much anything. In my longest-running “case,” I argued with my middle school math teacher, Mrs. Jabs, for the better part of four years over whether, even if I got the right answer, I had to show my work to get full credit. 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...