DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Common Law Rights

Celebrity Trademark Battle: “The Kitchen”

Posted in Genericide, Infringement, Mixed Bag of Nuts, Trademarks

World-famous chef Wolfgang Puck recently became embroiled in a trademark battle with Elon Musk’s brother, Kimbal Musk, a venture capitalist and entrepreneur who owns The Kitchen Cafe, a family of restaurants in Boulder, Fort Collins, Denver, Glendale, and Chicago. Puck has opened new restaurants with the names “The Kitchen by Wolfgang Puck” and “The Kitchen Counter… Continue Reading

Another Real Lulu: Anatomy of an Affidavit

Posted in Articles, Branding, Food, Goodwill, Infringement, Law Suits, Marketing, Trademarks

On Tuesday of this week, we discussed the trademark infringement case filed by Lulu’s Market & Deli against Lulu’s Public House (depicted above), here is a link to a pdf of the Complaint. As you will recall, we expressed a healthy dose of skepticism about the claims being asserted by Lulu’s Market & Deli, and we predicted… Continue Reading

Laboring Over Concurrent Trademark Registrations & Frozen Trademark Rights

Posted in Food, Goodwill, Infringement, Loss of Rights, Trademarks

Today marks the end of the 2010 Minnesota State Fair. Sad day, but Happy Labor Day! It also marks an opportunity to talk a bit about the frequently encountered question of trademark priority, frozen trademark rights, the creation of common law trademark rights, and the frequently forgotten concurrent registration trademark tool, using my favorite frozen custard stand at the MN State Fair, as… Continue Reading

More Godin on Trademark? The Sequel

Posted in Mixed Bag of Nuts

      Last week we explored how at least some of Seth Godin’s trademark advice is a bit dated. This week, let’s take a close and careful look at his advice concerning trademark registration: Some lawyers will get all excited and encourage (demand!) that you register your trademark. This involves paying a bunch of money, filing a bunch… Continue Reading

First iPhone, Now iPad: Guessing at Apple’s Trademark Clearance Strategy

Posted in Branding, Counterfeits, Dilution, Infringement, Marketing, Trademarks

–Dan Kelly, Attorney Can you spot the genuine iPad? Back in July, I blogged about my then-discovery that Apple did not own the federal trademark registration for iPhone.  Needless to say, when I heard about Apple’s new iPad product, I just had to see if they were out in front in securing trademark rights to… Continue Reading

Rolling Out the Red Carpet — More On Branding Athletic Turf & Trademarks

Posted in Advertising, Branding, Marketing, Non-Traditional Trademarks, Sight, Trademarks

In 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, Trademarks

To 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