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Tag Archives: Commercial Impression

Red Bull Strikes Again, but Is Old Ox Brewery a Matador in Disguise?

Posted in Articles, Branding, Famous Marks, Food, Infringement, Trademark Bullying, Trademarks

It’s no secret that Red Bull has a strong trademark enforcement strategy. Too strong, according to some. In its defense, IP counsel for Red Bull has stated that With a brand as famous as Red Bull you can certainly imagine the type of coat-tailing that goes on by third parties and we invest a lot… Continue Reading

Sleight of Hand? Kimberly-Clark Amends Sensory Touch Mark to Packaging Design Mark

Posted in Branding, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Touch, Trademarks

As you may recall from March of this year, we blogged about Kimberly-Clark’s novel intent-to-use trademark application for a "sensory, touch mark" in connection with disposable paper hand-towels. Other discussions of sensory, touch marks may be found here.  In any event, the original description of the claimed Kimberly-Clark trademark was as follows: "The mark consists of… Continue Reading

Essential Spacing: Night & Day Commercial Impressions

Posted in Advertising, Branding, Keyword Ads, Marketing, Search Engines, Sight, Trademarks

Millimeters apart on the label, miles apart in meaning. Yes, a few extra millimeters of blank space can make all the difference in the world for some brands. Especially when the brand name consists of two words, and the typical visual treatment has all letters appearing in identical size and style (all caps), and when compressing the words yields an unintended,… Continue Reading

The Looming Danger of Modernizing a Trademark

Posted in Almost Advice, Branding, Loss of Rights, Trademarks

Recently, UnderConsideration’s Brand New blog commented on the new logo adopted by Much Music. After 10 years of using MUCHMOREMUSIC, the logo was changed to MUCHMORE. The new logo is aesthetically more pleasing, but the change raises an important issue. Modernizing old logos can result in abandonment of the old mark, which means a loss of all trademark rights… Continue Reading