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Tag Archives: Incontestable

Easy Registration Refusal, See Park ‘N Fly

Posted in Articles, Branding, Infringement, Marketing, Trademarks, USPTO

Trademark types know all about Park ‘N Fly, whether they travel or not. That’s because it is more than a nearly fifty year old airport parking and travel service brand and federally-registered service mark, it is short-hand for a famous U.S. Supreme Court trademark case from 1985. In that decision, the Supreme Court recognized 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

Retail Sign Shape Trademarks: The “French Diamond Design”

Posted in Branding, Food, Marketing, Non-Traditional Trademarks, Sight, Trademarks

You probably have gathered by now that I like thinking and writing about non-traditional trademarks. For some time, mostly when I’m in the car and I happen to notice them, I have been wondering about the shapes of various retail signs and how many of their owners may have sought to federally register them as non-traditional trademarks, separate… Continue Reading

Wanted: Experienced Trademark Attorney?

Posted in Trademarks

A couple of days ago, I promised to try and make the case for why the State of Minnesota ought to hire an experienced trademark attorney. OK, so I’m a day late, but you can decide if I’m a dollar short too. By the way, it was the federal trademark registration record for the below mark… Continue Reading

Get a Load of This: General Mills Takes Offense in Trademark Spat Over Spuds

Posted in Branding, Food, Genericide, Infringement, Law Suits, Marketing, Trademarks

          They say that the best defense is a good offense. It appears that General Mills has adopted this strategy in a recent trademark dispute over the term LOADED in connection with instant potatoes. Just yesterday, the Minneapolis St. Paul Business Journal reported the filing of a federal district court lawsuit by General Mills against Idahoan Foods, in which… Continue Reading

Battle of the Nerds? Best Buy’s Geek Squad¬Æ on Trademark Patrol

Posted in Advertising, Branding, Domain Names, Infringement, Law Suits, Marketing, Trademarks

    Best Buy, owner of the Geek Squad brand since 2002, has filed a federal trademark infringement complaint in Minnesota against a pair of individual defendants apparently located in Missouri and California, for allegedly registering and using <thegeekpatrol.biz> domain and the names "Geek Patrol," "Geek Squad," and "Geek Squad Patrol". Here is a copy of the Complaint, including Exhibit A (Trademark registrations), Exhibit… Continue Reading