DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Diageo

I See Black Labels

Posted in Branding, Dilution, Loss of Rights, Marketing, Trademarks

Last year, I commented on the ubiquity of blue ovals in branding.  Today, I’m wondering about the BLACK trend in whiskey branding.  Many whiskey distilleries produce BLACK-branded labels: Of course, some don’t use the word BLACK, but do use black labels:   Even when these companies do not use the word BLACK in a particular brand, it… Continue Reading

What is Maker’s Mark’s Mark?

Posted in Branding, Famous Marks, Product Packaging, Sight, Trademarks

Last Friday, a federal court in Kentucky ruled that Fortune Brands, the maker of Maker’s Mark bourbon, enjoys exclusive rights in the dripping wax seal that adorns each bottle of the spirit. (You can read about the case in earlier stages in Dan’s post, here.). Fortune had sued Diageo, another beverage giant and maker of Casa Cuervo… Continue Reading

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, Trademarks

Let’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