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Tag Archives: Distinctiveness

It’s as Suggestive as a Butter Knife for Steak

Posted in Advertising, Articles, Branding, Food, Marketing, Trademarks, USPTO

We’ve written quite a bit over the years about the Spectrum of Distinctiveness for trademarks, and the all-important difference between suggestive marks and merely descriptive ones, with only the former being allowed immediate rights based on first use. Creativity is what separates the power of suggestion from the weakness and limbo of descriptiveness. Remember the floating feather… Continue Reading

Lights Shining On Configuration Trademarks?

Posted in Articles, Branding, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks, USPTO

As our loyal readers know, we love bringing non-traditional trademarks within your sights for consideration, even if they’re hanging from the ceiling, so here’s another to explore:                   The claimed mark is described as “a three-dimensional configuration of a chandelier having three sides and 10 globes. The… Continue Reading

A December for Configuration Trademarks?

Posted in Articles, Branding, Food, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Sight, Trademarks, USPTO

Every now and then it’s worth checking in at the USPTO to see what’s cooking in the world of non-traditional product configuration trademarks: As it turns out, the Big Green Egg is seeking to be more than a word mark — two days before Christmas, a federal trademark application was filed for the product shape… Continue Reading

Trendifying Adverbially: When Naming Fads Become Epidemics

Posted in Branding, Guest Bloggers, Marketing, Mixed Bag of Nuts

– Nancy Friedman, Wordworking A few years ago I began tracking a trend in startup naming: names that ended in -ly. Adly, Chirply, Letter.ly, Planely, Shoply, Weebly—my first list included 29 such names, some of them dot-coms and some that used the .ly domain (the Libyan country code). My initial impression was that this was… Continue Reading