As promised, here are some further thoughts, lessons learned, and remaining unanswered questions concerning the recent and long-anticipated decision of the Second Circuit Court of Appeals in Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc. Lessons Learned for Marketing Types: Single color trademarks may be owned, registered, and protected when they are distinctive and… Continue Reading
Tag Archives: Color Trademarks
Microsoft’s Brand Refresh Cements Color Trend?
Posted in Branding, Famous Marks, Trademarks–Dan Kelly, Attorney Over the years, we have documented a number of branding trends, from blue ovals, to the 3D trend, to our AlphaWatch. With its recently announced new logo, Microsoft appears to be bucking all trends. Without further ado, here it is: Did you catch that? I know. Blink and you miss it. Look, I will freely confess my bias: I… Continue Reading
Successful Evolution of an Unlicensed Business Model?
Posted in Agreements, Articles, Branding, Contracts, Fair Use, First Amendment, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Trademarks, TruncationBrand owners and managers may wonder, is a trademark license required when another’s unregistered color scheme is used? Depending on the facts, it may very well be. About four years ago brand owners scored a major victory in LSU v. Smack Apparel, when the Fifth Circuit Court of Appeals agreed to the existence and successful enforcement of… Continue Reading
Seeing Orange in the Construction Space
Posted in Advertising, Branding, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Sight, TrademarksLittle did I know when I was writing What’s in an Orange-Colored Home Improvement Business Name? — that two days later, orange-color marks would be asserted in a trademark infringement lawsuit filed in Minnesota federal district court over competing building construction services: Cedar Valley Exteriors, Inc. v. JNS Builders LLC. A copy of the complaint… Continue Reading
B-Dubs’ Yellow Protected
Posted in Agreements, Food, Infringement, Law Suits, Non-Traditional Trademarks–Susan Perera, Attorney Last week Jim Hammerand at the Minneapolis/St. Paul Business Journal reported on locally based Buffalo Wild Wings (also known as “B-Dubs”) ending its lawsuit against Buffalo Wings & Rings, the suit had included claims of trademark and trade dress infringement. It appears that under the terms of the settlement agreement, Buffalo Wings… Continue Reading
Tiffany and Co. Joins Louboutin in the Fashion Color War
Posted in Sight, Trademarks–Catlan McCurdy, Attorney Another fashion icon has joined the ongoing trademark dispute between Yves Saint Laurent and Louboutin, and despite the fact that many of its goods are very small, the company is actually quite a giant. Tiffany and Company. Yes, Tiffany. We’ve all been waiting for the company’s two amicus cents to be thrown… Continue Reading
Noticing Your Exposure to Color Marks
Posted in Product Configurations–Susan Perera, Attorney A few weeks ago I wrote about the use of unique colors in trademarks and logos as a potential way to differentiate your brand. Like using distinctive colors as part of a trademark, many companies use distinctive colors on their actual products to act as source identifiers. While a color trademark for a… 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 Trademarks–Susan Perera, Attorney I 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… Continue Reading
When the Color Black Functions, But Not as a Trademark
Posted in Advertising, Branding, Law Suits, Marketing, Non-Traditional Trademarks, Trademarks, TTABNow that kids are back to school and summer is coming to a close, this billboard advertisement has disappeared from I-94 just outside of downtown Minneapolis. Before it vanished from the roadside, however, I thought to capture it to tell a little trademark tale here, one from years past, but one that remains relevant, important, and applicable to trademark claims involving the color black. As… Continue Reading
“Sit Down Michigan State,” A Collegiate Trade Dress Tale
Posted in Branding, TrademarksThat’s what I called out to this guy at the College World Series in Omaha last week, after "down in front," received no reaction. That’s right, "Sit Down Michigan State," obtained the desired result, but not without a somewhat funny look back. When he turned around I realized the funny look wasn’t simply a reaction to interrupting his… Continue Reading
Before and After (Billboard Ads)
Posted in Advertising, Branding, Fair Use, Non-Traditional Trademarks, TrademarksBefore we asked whether the Accountemps billboard makes fair use of 3M’s Post-It note and canary yellow trademark: After (as in today): Now, I’m not taking credit (or blame, depending on your perspective), I’m just saying, we noticed the change and thought you should too.
Uniform Look-For Advertising?
Posted in Advertising, Branding, Look-For Ads, Marketing, Non-Traditional Trademarks, TrademarksSpring is in the air (at least here in Minneapolis) and so are some fresh examples of look-for advertising that actually avoid the use of those straitjacket words. As we have discussed before, look-for advertising is a powerful tool in developing non-traditional trademark rights in subject matter such as single color marks. Dan discussed it here, in… Continue Reading
Judging A Brand By Its Cover
Posted in Branding, Marketing, TrademarksI’m mostly wearing my consumer hat today, having just returned from a youth baseball tournament in Phoenix this past weekend, where we stayed at the six month new Drury Inn & Suites shown above. As you may recall, and if so, you will have noticed the irony because, last September I riffed about the Drury name and asked whether a… Continue Reading
Color Trademarks, Red Knobs, and Secondary Meaning
Posted in Branding, Goodwill, Infringement, Law Suits, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, TrademarksMore on single color trademarks today. Eighteen months ago, Wolf Appliance obtained a federal trademark registration in connection with "a red knob or knobs" of "domestic gas and electric cooking appliances, namely, ranges, dual-fuel ranges, cooktops, and barbeque grills." Wolf put its registration to the test a couple of weeks ago in a federal trademark infringement… Continue Reading
Rolling Out the Red Carpet — More On Branding Athletic Turf & Trademarks
Posted in Advertising, Branding, Marketing, Non-Traditional Trademarks, Sight, TrademarksIn December, you may recall, I blogged about Boise State’s federal registration of the color blue as applied to athletic field turf, known to many as Smurf Turf. At the time, I wondered out loud whether Boise State’s success in the U.S. Trademark Office might lead others to follow along this trademark path? Hat tip again to Brad… Continue Reading
Surface Level Branding Runs Deep on This Athletic Field
Posted in Branding, Marketing, Non-Traditional Trademarks, Sight, TrademarksTo sports fans of this university, December has been a big month because their beloved team finished the 2009 regular football season undefeated (13-0) once again, winning yet another post-season BCS bowl game bid. Next month will be even bigger news if their WAC team happens to defeat TCU in the Tostitos Fiesta Bowl. To trademark types, however, the biggest news of… Continue Reading
More On The Fordless Blue Oval
Posted in Branding, Dilution, Famous Marks, Marketing, Non-Traditional Trademarks, Sight, TrademarksWhat do you think, is Overstock.com selling bling with the Fordless blue oval logo? As you may recall from my post back in September, Ford Motor Company is attempting to register the below shown non-verbal logo as a trademark for a variety of goods in Int’l Class 12: And, as you may recall from Dan’s I See Blue Ovals post… Continue Reading
Does Your Eye Spy A Canary?
Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Non-Traditional Trademarks, TrademarksA couple of weeks ago I posted an Accountemps billboard advertisement that prominently features what appears to be a 3M Post-it brand removable adhesive note, and I asked whether it constitutes fair use, and whether 3M’s permission is necessary to run the advertisement, since 3M owns a federal trademark registration for the color "canary yellow" in connection with these notes…. Continue Reading
Fair Use of 3M’s Post-It Note?
Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Infringement, Marketing, Non-Traditional Trademarks, TrademarksThis billboard ad has appeared in various locations around the Twin Cities for some time now. Each time I saw it, I wondered whether it would be the last, given how vigilant 3M is in protecting its various trademarks and other intellectual property. This time, I had a camera handy to capture it. Now it’s time for some questions. Is there any… Continue Reading
Blue Oval, But Look Mom, No Words!
Posted in Branding, Marketing, Non-Traditional Trademarks, TrademarksWhat does this image signify to you? For full credit, please answer the question before peeking back at Dan’s popular post called "I See Blue Ovals."
Touch Trademarks and Tactile Brands With Mojo: Feeling the Strength of a Velvet, Turgid, Touch Mark?
Posted in Advertising, Branding, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Smell, Sound, Taste, Touch, TrademarksLet’s revisit the topic of non-traditional "touch" trademarks today. Of all the traditional five human senses (sight, hearing, taste, smell, and touch) and trademarks that can be perceived by one or more of those senses, touch, a/k/a tactile, a/k/a texture trademarks are just about as uncommon as any (taste, perhaps, being the least common). Indeed, back in 2006, Marty Schwimmer from The Trademark Blog… Continue Reading
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...
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...
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...
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...
Martha Engel
Although my interest in gadgetry and my aptitude for math eventually led me to become an engineer, my ad executive father and artistically gifted mother fostered an appreciation for the creative from a young age. More...
Anjali Shankar
When I was in elementary and middle school, I loved writing short stories. Creativity and imagination seem to come naturally to people when they are young. More...
Timothy Sitzmann
I have always considered myself to be a creative person. Full disclosure: I'm not claiming that I've created anything good, merely that I have created things that exist.More...