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Tag Archives: Descriptive Trademarks

The 140-Character Trademark Lesson

Posted in Branding, Genericide, Guest Bloggers, Loss of Rights, Mixed Bag of Nuts, Social Media, Social Networking, Trademarks

– Draeke Weseman, Weseman Law Office, PLLC When I think of Twitter, I think of — it’s really hard to define because we’re still coming up with the vocabulary — but I think it’s defined a new behavior that’s very different than what we’ve seen before. — Jack Dorsey, Twitter Co-Founder in 2009 My, how… Continue Reading

Trademark Bully Baloney?

Posted in Branding, Trademark Bullying, Trademarks

In the wake of all the discussion and debate over “trademark bullying,” NFIB (National Federation of Independent Businesses), the self-proclaimed Voice of Small Business, recently offered its members and followers “5 Steps to Avoid Corporate Trademark Bullying“: Do Your Homework; Choose a Descriptive Business Name; Use Common Sense; Consider Buying Intellectual Property Insurance; and When in Doubt,… Continue Reading

Seth Godin on Subtlety: The Trademark Perspective

Posted in Branding, Goodwill, Look-For Ads, Marketing, Non-Traditional Trademarks, Trademarks

Seth Godin’s recent post entitled Subtlety, deconstructed, struck a chord with me, and should strike a chord with all trademark types and the brand owners they represent. Here is my favorite excerpt: Subtle design and messaging challenge the user to make her own connections instead of spelling out every detail. Connections we make are more powerful than… Continue Reading

Pitfalls in Naming the New

Posted in Branding

–Sharon Armstrong, Attorney I am currently in my home state of California, a place known to some as “the land of fruits and nuts.” (Although, “the Left Coast” is my favorite of these playfully derisive names for California.) California is indeed the fruit basket of the United States, producing 51% of the nation’s fruit. And amongst… Continue Reading

When is a Shuffle Not an iPod Shuffle?

Posted in Advertising, Branding, Contracts, Counterfeits, Infringement, Marketing, Trademarks

–Dan Kelly, Attorney Here is a brand baiting gem spotted yesterday at a website called Daily Checkout: Unremarkable?  A deal, you say?  Well, the following disclaimer appears twice in the sidebar adjacent to this deal: And here is another feature pulled from the sidebar: Greeaat . . . an MP3 player that won’t work with… Continue Reading

Which “Would You Rather” Would You Rather Play?

Posted in Branding, Dilution, Law Suits, Trademarks

–Dan Kelly, Attorney A couple of weeks ago, the U.S. Court of Appeals for the Ninth Circuit reversed a district court that had held that the federally registered trademark “WOULD YOU RATHER . . . ?” was merely descriptive as applied to books and games.  (PDF of appellate opinion here.)  Briefly, the facts are that Falls Media owns the… Continue Reading

Grilling Some Barbecue Brands

Posted in Branding, Loss of Rights, Trademarks

–Dan Kelly, Attorney As evidenced on these very pages over the past year or so, there does seem to be a general divide between legal types and marketing types about the desirability of descriptive trademarks and brands.  This is understandable.  There is a direct tension here.  More descriptive marks and brands carry more information to… Continue Reading