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Tag Archives: Genericide Watch

Googling Doesn’t Break Google Trademark

Posted in Articles, Famous Marks, Genericide, Law Suits, Loss of Rights, Trademarks

Our friend Professor Eric Goldman, over at his Technology and Marketing Law Blog, reported earlier this week that the Google trademark has survived a genericness attack by a fellow named David Elliot. Here is a link to Mr. Elliot’s complaint filed in Arizona federal court back in May of 2012, and here was Martha’s coverage…. Continue Reading

Jell-O Revival From What?

Posted in Articles, Branding, Food, Genericide, Loss of Rights, Product Packaging, Trademarks

Earlier this month E.J. Schultz of AdAge wrote about Kraft’s plan to revive Jell-O: “For Kraft Foods Group, J-E-L-L-O has spelled disappointment of late. The brand — once known for fun advertising starring the likes of Jack Benny and Bill Cosby — has struggled to find its identity in recent years, while marketing reductions have… Continue Reading

Anatomy of a Trademark Warning Ad

Posted in Advertising, Genericide, Loss of Rights, Marketing, Non-Traditional Trademarks, Trademarks, USPTO

For those attending the HOW Design Live Conference in San Fransisco, you may have noticed the inside cover of HOW’s Special Issue on Interactive Design and Typography, most likely penned by a nervous trademark type:                       Nervous, I say, because these types of advertisements frequently are designed to help… Continue Reading

Putt-Putt Has No Miniature Trademark Rights

Posted in Branding, Genericide, Infringement, Law Suits, Loss of Rights, Trademarks

With all the golf coverage of the Masters Tournament and the coveted Green Jacket, this past weekend, it seemed particularly appropriate to report on a recent trademark case involving the miniature variety of golf: Putt-Putt, LLC v. 416 Constant Friendship, LLC (April 5, 2013 D. Md.). So, I learned two things this weekend, Adam Scott… Continue Reading

BAND-AID, TM Death by a Thousand Cuts?

Posted in Advertising, Branding, Famous Marks, Genericide, Loss of Rights, Marketing, Trademarks, Truncation

If you were a Band-Aid brand adhesive bandage, and you were cut, would you protect yourself? Brent, sorry I couldn’t help myself, I’m still enjoying your Louis Vuitton waffle-maker post. With that intro, let’s turn another page to the Genericide Watch category, here at DuetsBlog: In focusing attention on the first item in the list shown above, to the… Continue Reading

The Soft Underbelly of Turtles Candy: Is the U.S. Trademark at Risk of Genericide?

Posted in Advertising, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks

It has been a while since we’ve added another page to the Genericide Watch, so a little trip to Candyland, the Twin Cities’ local iconic and old fashioned candy shop, didn’t disappoint: I suppose that Candyland’s ”Mock Turtles” sign is meant to communicate that it isn’t actually selling authentic Turtles brand pecan/caramel/chocolate candy from DeMet’s Candy Company. But, what does that imply about the Cashew Turtles, Pecan… Continue Reading

When is a ballpark frank a ball park BRAND frank?

Posted in Almost Advice, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks, USPTO

Do you suppose the author of this article knows that Ball Park is a federally-registered brand name and trademark, not an unprotectable generic term synonymous with hot dogs and frankfurters? The growing prevalence of lower-case brand styles and visual identity has complicated the answer to this question a bit, I suspect. Nevertheless, we should probably chalk up another example for… Continue Reading

Clap Your Hands if You Believe in Fairies (Food)

Posted in Trademarks

–Catlan McCurdy, Attorney I celebrated Christmas in Wisconsin for the first time this year, and in addition to trying new beers and gallivanting around Milwaukee, I was introduced to a delicacy I had yet to encounter in life: fairy food. Fairy food, for those non-believers, is a chocolate candy, with a sponge-like center made from… Continue Reading

When You Verb Your Trademark, You Know What?

Posted in Advertising, Branding, Genericide, Loss of Rights, Marketing, Television, Trademarks

Well, perhaps more than just about every trademark use guideline in existence, including those offered by the International Trademark Association (INTA) ("NEVER use a trademark as a verb"):  (television commercial link on Youtube here) Maybe because you have been following the trademark verbing dialogue here on DuetsBlog and you have learned all about Managing The Legal Risk of… Continue Reading

Onesie of a Kind?

Posted in Genericide, Infringement, Law Suits, Loss of Rights, Trademarks

–Dan Kelly, Attorney I have been a parent for a little less than a year now, and I made a shocking discovery this week:  ONESIES is a registered trademark.  I found this out from a news article that Gerber Childrenswear is suing California Christiania Republic (“CCR”) for infringement of of the ONESIES mark for CCR’s “one*Z”… Continue Reading

This is How You Verb Your Brand

Posted in Branding

Recovering from a nasty bout of walking pneumonia over the last couple of days, I probably spent more time (at least, mindless time) in front of the television than the last several months combined. One thing that caught my eye during a brief and surprisingly mindful moment while I suffered was another brand to recently jump on the brandverb… Continue Reading

The Brand Name Auction: Bargain or Bust?

Posted in Guest Bloggers

Laurel Sutton, Principal of Catchword Brand Name Development Back in December, Racebrook Marketing Concepts held a Brand Name Auction during which "150 Timeless Trademarks and Domains" were offered for sale. But the auction was more bust than boom: only about 50 people showed up, with a few more bidders participating online. The prices, too, were… Continue Reading

How Realistic is the Risk of Trademark Genericide?

Posted in Advertising, Branding, Genericide, Loss of Rights, Marketing, Trademarks

The Grand Marshal in the Parade of Horribles, at least for some trademark types, is the one who forbids any deviation from the absolute "rule" against using brand names and trademarks as nouns or verbs, a standard "rule" commonly found in trademark use guidelines (only permitting the use of trademarks as adjectives). As I have written about previously, these "rules"… Continue Reading

Timeless Trademarks?

Posted in Mixed Bag of Nuts

Beneath the large umbrella of the law known as Intellectual Property (or simply, IP), one of the badges of superiority that trademark lawyers are able to brag up to their patent and copyright colleagues is that trademark rights are capable of lasting forever – there are no term limits – so, the underlying legal rights can be truly timeless, provided, of course, they continue to be… Continue Reading

Can You Rollerblade On K2 Brand In-Line Skates?

Posted in Mixed Bag of Nuts

These kinds of signs — that appear to single out Rollerblade brand in-line skate loyalists – are all over the place. This one happens to be in the parking garage I use in downtown Minneapolis. To understand why the Rollerblade brand may find itself in this perilous position, read on, here. For some additional reading on the related question of verbing brands, take a… Continue Reading

What a Crock, Pot That Is . . .

Posted in Branding, Genericide, Infringement, Keyword Ads, Law Suits, Marketing, Search Engines, Trademarks

We’re not talking the foamed footwear Crocs® that Randall Hull wrote about in his What a Croc! post from a couple of weeks ago. Instead, we’re talking slow cookers — on this snow-capped Valentine’s Day in the Twin Cities. Every once in a while a stroll down the grocery store aisle leaves me surprised when… Continue Reading

Genericide Watch: Frisbee, Hula Hoop, Slip ‘N Slide, and Super Ball

Posted in Genericide

–Dan Kelly, Attorney Wham-O, Inc. has had its share of hits over the years, achieving “household name” status (my opinion) with an impressive list of trademarked (I am not afraid to use it as a verb) products: FRISBEE for “toy flying saucers for toss games” HULA HOOP for “plastic toy hoops” SUPER BALL for “sport and toy balls” SLIP ‘N SLIDE for a “flexible… Continue Reading