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Tag Archives: Halloween

Trick or Trademark? Mars Says Hershey’s Can’t Own “SCARY” Candy.

Posted in Advertising, Branding, Fair Use, Food, Idea Protection, Marketing, Trademarks, TTAB, USPTO

Sandwiched between 90 degree days in a Minnesota summer, the idea of Halloween wasn’t on my radar – until I learned about the latest dispute between candy giants Mars and Hershey’s. Mars and its subsidiary own many well-known candy brands, including M&Ms, Snickers, Twix, Skittles, Life Savers, and others. Not to be outdone, Hershey maintains… Continue Reading

No IP Holes in this Crystal Head

Posted in Advertising, Articles, Branding, Food, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Product Packaging, Sight, Trademarks, USPTO

We’ve spilled a lot of digital ink here over the past several years discussing the protection of non-traditional trademarks. We’ve also written about the importance of layering various intellectual property rights (trademark, copyright, and patent) to accomplish the competitive goals of a business. And, we’ve enjoyed writing about non-traditional vodka branding here and here. Today,… Continue Reading

I’m a Patent Attorney – Isn’t that Scary Enough?

Posted in Patents, Product Configurations, Squirrelly Thoughts

A Hoppy Halloween from all of us ghoulish folks here at DuetsBlog! Spending for Halloween this year is likely to hit $11 billion dollars, possibly more than is spent decorating for Christmas.  This fact is easily witnessed in many neighborhoods around town, especially this one where just about every house has some sort of Halloween… Continue Reading

‘Tis the Season (Already!) to Think of Protecting Seasonal Brands

Posted in Branding, Marketing, Mixed Bag of Nuts, Trademarks

–Ben Kwan, Attorney Who knew the fleeting annual presence of haunted houses — around your town and mine — was enough to achieve the vaunted status of “Billion Dollar Industry?” That’s what I found out when I tuned-in to watch the NBC Nightly News last weekend to catch my friend and fellow Medill School of… Continue Reading

The Smell of Fear

Posted in Branding, Guest Bloggers, Marketing, Non-Traditional Trademarks, Smell, Touch

—Aaron Keller, Principal at Capsule During this time of year there are plenty of fright “experiences” where you can drag a loved one into a heart thumping confrontation of fear. These experiences are elaborately designed and those who attend know the rules, like “this one doesn’t allow the characters to touch you.” Apparently others do… Continue Reading

Vampires vs. Zombies

Posted in Trademarks

–Sharon Armstrong, Attorney What is it with zombies these days? If recent memory serves correct, it wasn’t so long ago that a pop-culture junkie like me couldn’t mention the words “creature of the night” without some girl/tween/soccer mom swooning over the likes of one Edward Cullen, the romantic hero of Stephanie Meyer’s wildly popular  Twilight series. You… Continue Reading