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Tag Archives: International Trademark Association

iPhone 6, Can You Say Nominative Fair Use?

Posted in Advertising, Articles, Branding, Fair Use, Marketing, Technology, Trademarks

We cover a lot of topics related to nominative fair use of trademarks, see here, here, and here for some of those discussions. Does the example below on product packaging from J. Crew qualify for fair use of the iPhone 6 mark? The International Trademark Association would say so: “In general, the following uses are… Continue Reading

The INTA “Trademark Bullying” Straitjacket

Posted in Advertising, Law Suits, Marketing, Trademark Bullying, Trademarks

This past week I’ve been pondering a question of great importance: When might a straitjacket double as a life vest? The answer actually arrived last Monday during INTA’s “The Ethics of Trademark Bullying” panel discussion at the 135th Annual Meeting in Dallas, Texas. In so many words, our good friend and wise guy Ron Coleman, over at… Continue Reading

Trademark Licensee’s Rights Remain Unsettled When Licensor Files Bankruptcy

Posted in Branding, Guest Bloggers, Law Suits, Loss of Rights, Mixed Bag of Nuts, Patents, Trademarks

– Chris Camardello, Bankruptcy Attorney Those who license the right to use another’s brand need to pay more attention to the resulting risks when the brand owner files bankruptcy, given the uncertainty resulting from some recent legal developments.  And those interested in purchasing brands in bankruptcy should sit up straight and pay special attention too…. Continue Reading

When You Verb Your Trademark, You Know What?

Posted in Advertising, Branding, Genericide, Loss of Rights, Marketing, Television, Trademarks

Well, perhaps more than just about every trademark use guideline in existence, including those offered by the International Trademark Association (INTA) ("NEVER use a trademark as a verb"):  (television commercial link on Youtube here) Maybe because you have been following the trademark verbing dialogue here on DuetsBlog and you have learned all about Managing The Legal Risk of… Continue Reading

AlphaWatch on the Streets of San Francisco

Posted in AlphaWatch, Branding, Marketing, Trademarks

Something like 8,000 trademark attorneys are wandering loose on the streets of San Francisco for the International Trademark Association’s annual meeting. Once again, the main attraction was "Meet the Bloggers" — this edition happened to be "Meet the Bloggers VII" — where a record crowd crammed into Swig Bar a few hours ago, from 8:00 – 10:00 PM. Thanks Marty, John, and Ron for another great event!… Continue Reading

AIPLA Comments on USPTO’s “Trademark Bullying” Survey

Posted in Trademark Bullying, Trademarks

You may be interested to know that the American Intellectual Property Law Association (AIPLA) did file a timely response on January 7, 2011, to the USPTO’s original request for comments regarding whether “trademark bullying” is a significant problem deserving attention, see here. Hat tip to Jackie. Let’s just say, it is starting to become clear why the USPTO dropped the… 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

“Powerful” Rebranding at International Trademark Association?

Posted in Branding, Marketing, SoapBox, Social Networking, Squirrelly Thoughts

–Dan Kelly, Attorney The International Trademark Association, known as INTA, unveiled a new website yesterday with some new branding and features.  (Presser here, INTA Bulletin announcement here.)  I like the overall design of the website itself.  If you ignore the flipping blocks (which can be difficult), the site has a fairly clean and simple appearance. … Continue Reading

Black Coffee Stirs Some Sugar

Posted in Branding, Guest Bloggers, Marketing

While we were in Boston for the International Trademark Association (INTA) meeting last week, the BlackCoffee Brand Expression team invited me to speak at an intimate gathering of some of their fans. What a bright and interesting collection of folks, wonderful dialog, and a nice treat all around. Thanks Duets Guest Blogger Mark Gallagher and Laura Savard for… Continue Reading

Boston Bound for INTA Annual Meeting

Posted in Trademarks

Since we have descended upon Boston, like just about every other trademark attorney in the world, for the annual meeting of the International Trademark Association (INTA), I’ll attempt to keep my remarks short and sweet today. Basically, I’m confident that the highlight of the INTA annual meeting (that has been observed to require an overhaul, to put it mildly) will be the unsponsored, unendorsed,… Continue Reading

Just Verb It? Part II: A Legal Perspective on Using Brands As Verbs

Posted in Advertising, Branding, Food, Genericide, Loss of Rights, Marketing, Search Engines, Trademarks

It is probably fair to say from my initial Just Verb It? post, the many articles referenced in that post, the substantial panel of commentary to the post, and additional interest in the topic, that at least two truths about “brandverbing” are beyond much, if any, debate: (1) Lawyers (including the International Trademark Association’s guidelines on proper trademark use) routinely advise brand… Continue Reading

Just Verb It? A Legal Perspective on Using Brands As Verbs: Part I

Posted in Advertising, Branding, Genericide, Loss of Rights, Marketing, Trademarks

There is a growing interest and, quite frankly, a dogged persistence among branding professionals to select brand names that have the ability and potential to be “verbed.” This makes trademark attorney types nervous and those of the “Dr. No” variety actually become unglued. So, why the emphasis or fascination with verbs anyway? The answer apparently can be found in the definition of a… Continue Reading