DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Intellectual Property

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

Coffee is for Closers, Not for Brewers

Posted in Famous Marks, Food, Genericide, Infringement, Social Media, Trademark Bullying, Trademarks

When life gives you a cease and desist letter, make lemonade. Or, depending on your profession, maybe some beer. That’s what Jeff Britton, owner of the Exit 6 Pub and Brewery in Cottleville, Missouri chose to do after receiving a cease and desist letter on behalf of Starbucks. The owner penned a humorous response that… Continue Reading

Handcrafted Intellectual Property in 2014

Posted in Articles, Branding, Food, Marketing, Trademarks

What best describes your work? Inexpensive? Cost effective? Robotic? Low budget? High volume? Or, do you deliver excellence — unique, distinctive, valuable, sculpted, tailored, and handmade  solutions with your wealth of professional skill and expertise? If your main focus is on delivering the lowest possible cost, you best be selling a commodity. Creating and protecting valuable intellectual property… Continue Reading

Hanging Around Trademark Disputes

Posted in Articles, Branding, Famous Marks, Infringement, Law Suits, Loss of Rights, Search Engines, Social Media, Social Networking, Technology, Trademark Bullying, Trademarks, USPTO

When you hang around trademark disputes long enough you start to see patterns, at least, at the ends of the spectrum (or not). We have spilled much digital ink over allegations of “trademark bullying” — something that does occur, but in the grand scheme of all trademark enforcement matters, the instances of actual bullying and abuse seem… Continue Reading

iPhooey?

Posted in Advertising, Articles, Branding, Copyrights, Dilution, Famous Marks, Food, Infringement, Marketing, Trademarks

Apparently iPho by Saigon, a Vietnamese restaurant located in St. Paul, Minnesota, is quite good. The logo design is eye-popping, and dare I say clever, but does it cross one of the many legal intellectual property lines? We can all agree as to the source of the “inspiration” for this visual identity, right? Our little friend… Continue Reading

Where Everybody Knows Your Name(s)

Posted in Almost Advice, Branding, Copyrights, Infringement, Marketing, Mixed Bag of Nuts, Social Media, Social Networking, Television, Trademarks

Who would you expect to find sitting at the end of the bar in this recently re-named Minneapolis sports bar, formerly known as Halek’s Bar? What if you were to queue a very familiar tune to these lyrics, would that help? Yeah, I was thinking of these guys too: But, what if these guys have nothing to do with… Continue Reading

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

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?

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?

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

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”

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

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?

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?

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

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?

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

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

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

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

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

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?

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