We recently focused our attention on a very unique-looking, dare I say distinctive, retail store exterior design; for a quick reminder, see here. The recent craze for self-serve frozen yogurt shops – where you pay by the ounce (or perhaps, by the pound), has us focused today on a pretty darn unique interior retail environment: This is… Continue Reading
Tag Archives: Federal Trademark Registration
The Fiscal Cliff, Not a Trademark-Worthy Catchphrase?
Posted in Advertising, Branding, Marketing, Mixed Bag of Nuts, Trademarks, USPTOWith the constant stream of news reporting about the impending “fiscal cliff,” how can there be no U.S. federal trademark filings containing those two terms, at the moment anyway? Federal intent-to-use trademark applications typically follow popular catchphrases (as Tiffany Blofield, Brent Lorentz and Jon Applebaum have written about before), even political ones: President Reagan’s “Trust, But… Continue Reading
Laboring Over Concurrent Trademark Registrations & Frozen Trademark Rights
Posted in Food, Goodwill, Infringement, Loss of Rights, TrademarksToday 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
Branding Exclamations!
Posted in Advertising, Branding, Food, International, Marketing, Non-Traditional Trademarks, TrademarksCan you name the owner of this exclamation mark branding signal? You may be surprised to learn it is federally-registered in the U.S. as a stand-alone non-verbal trademark. You may be even more surprised to learn, it was federally-registered without a showing of secondary meaning or acquired distinctiveness, because it was viewed as an inherently distinctive… Continue Reading
When Bucking A Trend Makes Sense
Posted in Advertising, Almost Advice, Branding, Marketing, Product Packaging, TrademarksUnder Consideration’s Brand New Blog has on two recent occasions commented about the trend in using white as the color for product packaging of consumable goods. Wal-Mart was the first to use this color packaging for its private label brand and the European community appears to be following suit. Using a white background has its marketing… Continue Reading
Kimberly-Clark and The Color Purple: Keeping Trademark Scope Current and Consistent with Business Scope
Posted in Branding, Non-Traditional Trademarks, Product Packaging, Sight, Touch, TrademarksKimberly-Clark® is no stranger to securing federal registrations for its various non-traditional trademarks. No doubt, these unconventional trademark assets are of great commercial value and an important part of K-C’s evolving business strategy and intellectual property portfolio. My previous post about the oval-shaped facial tissue container K-C was able to federally register in November 2007 is linked here. That… Continue Reading
The Power of Federal Trademark Registration Remains Strong in Tough Economic Times
Posted in Almost Advice, Branding, Marketing, TrademarksThe question of whether federal trademark registration should be pursued is a frequent question of those in the marketing world, especially during difficult economic times. I wrote a short piece for Create Magazine a couple of years ago, and you can read it, here. As you will see, there are many benefits to registration and some significant risks… Continue Reading
Duets Blog Authors
Steve Baird
Just so you know, I'm all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, "Who owns these brands" and "Did they really register those marks?" More...
Brent Lorentz
Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. More...
Tiffany Blofield
Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else. More...
Brad Walz
My law career started on the ice…as a defensive hockey player (we’re not talking professionally…and if I were, I probably wouldn’t have gotten into law). More...
Derek Allen
In hindsight, writing about creativity and the law may have always been in the cards for me. I began training for a career in litigation at an early age by finding ways to disagree with pretty much anyone about pretty much anything. In my longest-running “case,” I argued with my middle school math teacher, Mrs. Jabs, for the better part of four years over whether, even if I got the right answer, I had to show my work to get full credit. More...
Martha Engel
Although my interest in gadgetry and my aptitude for math eventually led me to become an engineer, my ad executive father and artistically gifted mother fostered an appreciation for the creative from a young age. More...
Anjali Shankar
When I was in elementary and middle school, I loved writing short stories. Creativity and imagination seem to come naturally to people when they are young. More...
Timothy Sitzmann
I have always considered myself to be a creative person. Full disclosure: I'm not claiming that I've created anything good, merely that I have created things that exist.More...