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Tag Archives: Initial Interest Confusion

Pepsi, No Coke: Branding Nonsense at Work?

Posted in Advertising, Branding, Famous Marks, Food, Marketing

Irony is something I enjoy capturing, as you already know, especially when it comes to branding. Take this recent image from my favorite hot dog joint in Grand Rapids, Michigan, Yesterdog: Note the vintage Drink Coca-Cola signage on the wall, directly behind the modern soft drink fountain, delivering only Pepsi products, to my great disappointment. Now,… Continue Reading

Taste Infringement?

Posted in Advertising, Branding, Food, Guest Bloggers, Infringement, Marketing, Non-Traditional Trademarks, Taste, Trademarks, TTAB

    We’ve spent some time here discussing the world-famous Coca-Cola brand. Most recently, David Mitchell wrote about the incredible consistency of the Coca-Cola brand over the past 125 years. A while back Dave Taylor wrote a nice Ode to the Brand of Brands, the King of Cola: Coke. And, let’s not forget my humble suggestion that… Continue Reading

Trademark Initial Interest Confusion: It’s The Real Thing

Posted in Advertising, Branding, Food, Infringement, Keyword Ads, Marketing, Trademarks

A little while back I wrote about the Likelihood of Confusion test in Trademark Law and how it protects trademark owners against much more than simply likelihood of confusion as to source.   I also wrote about how Wolf Appliance was able to convince a federal judge in Wisconsin to grant a preliminary injunction barring Viking Range from selling a… Continue Reading

Color Trademarks, Red Knobs, and Secondary Meaning

Posted in Branding, Goodwill, Infringement, Law Suits, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks

More on single color trademarks today. Eighteen months ago, Wolf Appliance obtained a federal trademark registration in connection with "a red knob or knobs" of "domestic gas and electric cooking appliances, namely, ranges, dual-fuel ranges, cooktops, and barbeque grills." Wolf put its registration to the test a couple of weeks ago in a federal trademark infringement… Continue Reading

iPad, the Latest Brand Bait?

Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Infringement, Marketing, Product Configurations, Sight, Trademarks

Putting aside, for now, the unsettled question of who currently owns the iPad trademark, and Dan’s perspective on Apple’s trademark clearance strategies, from last week, look at what our finely-tuned e-mail spam filter just snagged: It is a similar story to my previous Free Dell XPS Laptop Spam Scam? blog post from last December. Here, however, the Apple, iPad, and the (possible) iPad configuration… Continue Reading

Minneapolis Trademark Seminar March 4, 2010

Posted in Branding, Infringement, Law Suits, Trademarks, TTAB

An in-depth focus on arguably the most important trademark issue to brand owners and their trademark counsel. The seminar will focus on the many faces of trademark confusion, with a special focus on initial interest confusion, reverse confusion, survey evidence, and post-sale confusion theories. Promises to be a good program, we hope you join us, special guests Ron… Continue Reading

Is Wal-Mart Giving Away Free $1,000 Gift Cards?

Posted in Advertising, Branding, Fair Use, Infringement, Marketing, Trademarks

Same drill as yesterday. Another email spam scam? More trademark fair use abuse? Is it just me, or is the branded email spam coming out of the virtual woodwork, or what? It appears that spam email – complete with fully branded solicitations — is becoming more and more aggressive, both from legal and technology perspectives. We… Continue Reading