DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Intellectual Property

A New Generation of Storytelling: Getting a Grip on The New Pepsi Bottle Design

By on Posted in Branding, Food, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Packaging, Trademarks

The importance of “storytelling” seems to be the buzzword lately when it comes to branding communications and decisions. For example, last August Branding Strategy Insider wrote that “Brands Must Master the Art of Storytelling,” and just last week it wrote twice on the subject, about “Shared Values in Brand Storytelling” and “5 Pillars for Brand Storytelling Success.”… Continue Reading

Canine Inspired Copyright Confusion?

By on Posted in Agreements, Contracts, Copyrights, Infringement, Marketing, Social Networking, Trademarks

When we mention confusion on DuetsBlog, we’re typically referring to the well-known likelihood of confusion test of trademark infringement. But today, we’re focused on the apparent confusion many have about the important question of: When copyright protection comes into being. If you ever have wondered whether something is or has been “copyrighted,” this post is for… Continue Reading

TM/MC: A New IP Notice Symbol?

By on Posted in Advertising, Branding, International, Marketing, Trademarks

My daughter’s strong interest in fashion, arts, crafts, and sewing has me wandering the aisles of places like Joann Fabrics and Michaels with increasing frequency. Since my primary contribution to these adventures is in the to-and-from, and, I suppose, at the check-out counter, I find myself with eyes wide open, being exposed to a variety of brands very new… Continue Reading

Montana is the Place to Be

By on Posted in Mixed Bag of Nuts

My iPad captured this image, ironically, on my way home from Bozeman, Montana. My point in taking the photo: With views this beautiful, who needs a way out? And more particularly, thanks to Montana State University’s Tech Transfer Office, Bozeman, Montana was the place to be on Monday of this week, when Craig, Devan, and I presented… Continue Reading

“IP Will Define Wealth in the Shift Age”

By on Posted in Articles

A few weeks ago I attended a seminar where futurist David Houle spoke — it was a very interesting discussion with lots of insights to ponder. These hit me the most: “The value of your company is increasingly based upon IP” and “IP will define wealth in the Shift Age.” What are you doing to identify… Continue Reading

Marketing 101: Knowing Your Audience

By on Posted in Advertising, Articles, Copyrights, False Advertising, International, Marketing, Patents, Trademarks

Blake Shelton is a brilliant marketer. Whether or not country music speaks to you, for anyone who attended his concert at the Minnesota State Fair this past weekend, it would be hard to deny the chemistry he perfected with his audience. I’ve never witnessed a better concert from the perspective of the storytelling used to lure and charm the audience, while at the… Continue Reading

Shark Tank. Minnow Diligence?

By on Posted in Branding, Marketing, Television, Trademarks

Shark Tank Episode 301 (Money Fragrance)   For those who haven’t seen or heard of it yet, Shark Tank is an ABC reality television series in which entrepreneurs pitch investment proposals to a panel of five wealthy and feisty ”sharks” — including these independent and successful investors: Robert Herjavec, Barbara Corcoran, Kevin O’Leary, Daymond John, and Mark Cuban…. Continue Reading

Eat More Anything?

By on Posted in Advertising, Branding, Food, Infringement, Marketing, Television, Trademark Bullying, Trademarks, TTAB

An allegation of trademark bullying is in the news again, this time Chick-fil-A is the accused Goliath – charged with overreaching in its enforcement efforts relating to intellectual property rights in the very clever and creative EAT MOR CHIKIN a/k/a The Cow Campaign and advertisements: Perhaps you’re wondering what aspect of the Cow Campaign Chick-fil-A is seeking to protect?… Continue Reading

“Buried Treasure” – Securing Reimbursement for Monies Expended in Past Intellectual Property Lawsuits

By on Posted in Advertising, Agreements, Contracts, Copyrights, False Advertising, Guest Bloggers, Infringement, Law Suits, Trademarks

—David A. Gauntlett, Gauntlett & Associates   Companies looking for extra money in these tough economic times may have an answer from the past. The vast majority of insurer denial letters for intellectual property lawsuits lack merit. Therefore, companies who have litigated intellectual property cases and expended significant monies in defense and settlement may be overlooking ready… Continue Reading

Taste Infringement?

By on 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

Tattoos & Hangovers: The Headache of Competing IP Rights

By on Posted in Agreements, Branding, Contracts, Copyrights, Goodwill, Infringement, Law Suits, Trademarks

A month ago the hot news was the federal copyright infringement lawsuit filed by Mike Tyson’s facial tattoo artist S. Victor Whitmill against Warner Brothers Entertainment, and Whitmill’s attempt to block the Memorial Day release of the highly anticipated blockbuster sequel movie The Hangover Part II, based on the film maker’s unauthorized reproduction and/or derivative of the tattoo… Continue Reading

FUSE: Sharing Extraordinary Experiences

By on Posted in Guest Bloggers

—Aaron Keller, Principal, Capsule We partook in the sharing and enjoyed the conversations. The FUSE Conference, is not about splintering. It also isn’t about specialization or close-minded thinking. FUSE is about the disciplines of design, marketing, brand and research being brought together in a way that makes for a more engaged consumer, audience or customer…. Continue Reading

Smartphone Mania Has Resulted in IP Activity

By on Posted in Branding, Law Suits, Trademarks

The smartphone market is very litigious. Taiwanese company HTC Corporation (“HTC”) filed a declaratory judgment action against Samsung in Washington last week. The lawsuit came on the heels of receiving a cease and desist letter from Samsung regarding HTC’s “Inspire” line 4G android cell phones. In its lawsuit, HTC seeks a judgment that it can use the “Inspire”… Continue Reading

The Value of Intellectual Property Survives Death

By on Posted in Branding, Copyrights, Law Suits, Trademarks

The “King of Pop,” Michael Jackson, is earning big money even after his death. To protect this income and value of his brand, a week ago, Michael Jackson’s estate brought suit in California against his mother’s business partner, alleging infringement of the valuable rights to Michael Jackson’s likeness, image, copyrights, trademarks (See Dan Kelly’s post on… Continue Reading

Trademark Bully Update: IPO Says Not a Problem

By on Posted in Famous Marks, Goodwill, Infringement, Law Suits, Trademark Bullying, Trademarks

The Intellectual Property Owners Association (IPO) submitted its comments last Friday in response to the USPTO’s recent invitation for input on whether “trademark bullying” is a problem. In response to the USPTO’s key question “Do you think trademark ‘bullies’ are currently a problem for trademark owners, and if so, how significant is the problem?” IPO… Continue Reading

Intellectual Property for Cocktails?

By on Posted in Trademarks

–Sharon Armstrong, Attorney A recent post on the Freakonomics blog at the New York Times combined two of my favorite things in life – intellectual property and cocktails. “The Creative Cocktail” specifically discusses the creativity to be found in the new cocktail scene – including bars designed like prohibition-era speakeasies, farm-fresh ingredients, artisanal details in every… Continue Reading

Get Cozy and Toss Another Log on the Fire

By on Posted in Mixed Bag of Nuts

Because, we plan to be here a while longer . . . . As DuetsBlog approaches the legal drinking age (whoops, I guess we’re only about 21 months old, not years, sorry), we’d like to pay special thanks to our guest bloggers, our loyal readers, our friends who spread the word through their tweets and in other ways, and especially… Continue Reading

Snickers Cross-Section Trademark Notice

By on Posted in Advertising, Branding, Famous Marks, Food, Marketing, Non-Traditional Trademarks, Sight, Trademarks

You may recall about a year ago I did a post entitled "Delicious Trademarks: Candy Bar Cross-Section Trademarks?" I was reminded of this a couple of weeks ago when I snapped this photo, capturing what I believe to be the same point of sale display that inspired my original post: A couple of months ago I saw in a convenience store a large Snickers… Continue Reading

Seth Godin on Subtlety: The Trademark Perspective

By on Posted in Branding, Goodwill, Look-For Ads, Marketing, Non-Traditional Trademarks, Trademarks

Seth Godin’s recent post entitled Subtlety, deconstructed, struck a chord with me, and should strike a chord with all trademark types and the brand owners they represent. Here is my favorite excerpt: Subtle design and messaging challenge the user to make her own connections instead of spelling out every detail. Connections we make are more powerful than… Continue Reading

Permission to Exploit Jennifer Aniston’s Right of Publicity?

By on Posted in Advertising, Agreements, Contracts, Marketing

It is probably safe to assume that Channel 45 obtained permission to use Jennifer Aniston’s likeness and exploit her right of publicity in promoting viewership of syndicated Friends television programs. That’s a deal where everyone appears to win, Channel 45, viewers, advertisers, Aniston, and the other Friends cast members who share in the syndication royalties along with Ms. Aniston…. Continue Reading

MiraLAX Won’t “Loosen Up” Against OTC Store Brand Competition

By on Posted in Advertising, Branding, Copyrights, Dilution, Infringement, Law Suits, Marketing, Product Packaging, Sight, Trademarks

Schering-Plough Healthcare, owner of the MiraLAX brand — the top-selling OTC oral laxative ($360 Million in OTC sales since launching in February 2007) — has pulled out all of the available stops and then some, in a pre-Thanksgiving Day federal district court action brought in the District of Delaware, asserting a variety of intellectual property and unfair competition claims… Continue Reading

Delicious Marks: Candy Bar Cross-Section Trademarks?

By on Posted in Advertising, Branding, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks

A couple of months ago I saw in a convenience store a large Snickers point-of-sale floor-display depicting a prominent and attention-getting cross-section of a Snickers candy bar. Given Mars’ apparent interest in owning and creating non-traditional trademark rights surrounding the Snickers brand (revisit Dan’s post from earlier this year), it made me wonder whether Mars might view (and want consumers to… Continue Reading

Does Your Eye Spy A Canary?

By on Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Non-Traditional Trademarks, Trademarks

A couple of weeks ago I posted an Accountemps billboard advertisement that prominently features what appears to be a 3M Post-it brand removable adhesive note, and I asked whether it constitutes fair use, and whether 3M’s permission is necessary to run the advertisement, since 3M owns a federal trademark registration for the color "canary yellow" in connection with these notes…. Continue Reading