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
Tag Archives: Genericide Watch
BAND-AID, TM Death by a Thousand Cuts?
Posted in Advertising, Branding, Famous Marks, Genericide, Loss of Rights, Marketing, Trademarks, TruncationIf 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, TrademarksIt 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, USPTODo 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, TrademarksWell, 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 BrandingRecovering 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 BloggersLaurel 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
Verbing the DirecTV Brand Name
Posted in Advertising, Branding, Genericide, Marketing, Television, TrademarksYet another brand name and trademark being promoted as a verb in the tagline or signature at the end of each television commercial: "Don’t Just Watch TV. DirecTV." For more on the subject of trademark verbing and the risk of genericide: Just Verb It? A Legal Perspective on Using Brands As Verbs: Part I Just Verb… Continue Reading
How Realistic is the Risk of Trademark Genericide?
Posted in Advertising, Branding, Genericide, Loss of Rights, Marketing, TrademarksThe 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 NutsBeneath 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 NutsThese 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, TrademarksWe’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
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...
Cathleen Dahl
Trademarks and I met through a small job advertisement in the back of a local newspaper, and little did I know that I would spend the next 18 years (and counting) deriving a living from their existence and importance. More...