DuetsBlog Collaborations in Creativity & the Law

Tag Archives: iPhone

What’s a Peppadew?

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks, USPTO

We recently checked out a new restaurant in Minneapolis’ growing North Loop area, called Red Rabbit, what a great spot:   The menu cleverly refers to the salad options as “Rabbit Food” — and the Italian Chopped salad spoke to me, but one of the listed “ingredients” left me wondering “what’s a peppadew”? Not wanting… Continue Reading

A $10 Billion Idea, without a Patent, is just an Idea

Posted in Copyrights, Idea Protection, Infringement, Law Suits, Loss of Rights, Patents, Technology

Have you ever seen an ad for something and thought to yourself, “Hey, I had that idea years ago!” Some people take that thought a step further. One Florida man claims to have invented the iPhone in 1992, and is suing Apple to the tune of over $10 billion. Thomas Ross filed a patent application… Continue Reading

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 “Poo” People Use: Who Owns Emojis

Posted in Mixed Bag of Nuts

Emojis – those cute images you may find in a keyboard on your Android or iPhone device – have changed the way many people communicate thoughts, ideas, feelings and concepts.  They can add a certain level of pizzazz to an otherwise ordinary text message, Facebook post, or tweet.  And, if I may borrow a line… Continue Reading

Forget the 6s, is the iPhone 3d coming soon?

Posted in Branding, Non-Traditional Trademarks, Product Configurations, Product Packaging, Technology, Trademarks, USPTO

When the iPhone 6s was announced, the 3D touch was a heavily touted feature.  The touch screen can now sense how hard you’re pushing. Functionally, it’s a great improvement that gives users new ways to interact with programs. But a new trademark application filed by Apple on August 18, 2015 suggests that this may not… Continue Reading

Apple Takes Us Back to PENCIL and PAPER

Posted in Branding, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Social Media, Squirrelly Thoughts, Technology, Trademarks, USPTO

If you are a member of the Cult of Apple, like tech, or even just watch the news, you’re probably aware that yesterday was Apple’s big fall event where they announce new product launches and updates.  The event showcased a new iPhone with enhanced photo features (as this Wired article aptly puts it “Because selfies.”),… Continue Reading

10 Reasons To Change Your Name

Posted in Advertising, Branding, Genericide, Goodwill, Guest Bloggers, Marketing, Mixed Bag of Nuts, Technology

– Mark Prus, Principal, NameFlash I’m often asked by companies if they should change the name of a product, service or even the company itself. Here is my shortlist of 10 really good reasons to change your name: People Can’t Pronounce or Spell Your Name – Here are a few of the names chosen by… Continue Reading

Apple’s Word Count for Non-Verbal Branding

Posted in Articles, Branding, Goodwill, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Sight, Technology, Trademarks, USPTO

A picture is said to say a thousand words, and ironically that is almost literally and exactly true when it comes to Apple’s focus on non-verbal icon branding. A week before the 4th of July, Apple filed these three non-verbal trademark applications: Clicking on each will take you to the detailed USPTO information for each application,… 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

The Champagne of Trademark Disputes

Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Food, Genericide, Goodwill, Infringement, International, Loss of Rights, Marketing, Trademarks

Wine connoisseurs have been pairing food with their wines for  centuries (okay, I’m guessing here, but it is probably a long time), paying close attention to all of the subtleties of the flavor, hints of oak, acidity, and other features. With the explosion of craft beers in the United States, we can now do the… Continue Reading

Overcoming the Ostrich Strategy by Effectively Using Your Strategic Plan

Posted in Advertising, Guest Bloggers, Marketing, Mixed Bag of Nuts, Search Engines, Social Networking, Technology

– Debbie Laskey and Ward Schendel We all learn a great deal from DuetsBlog and the legal and marketing community assembled by Steve Baird and his team.  As guest bloggers on DuetsBlog, we, Debbie Laskey and Ward Schendel, recently had a conversation about the importance of strategic planning and decided to collaborate on a joint… Continue Reading

What do iPhone, iPad, iCloud, and iBooks Have in Common?

Posted in Branding, Famous Marks, Infringement, Law Suits, Trademark Bullying, Trademarks

–Dan Kelly, Attorney Let’s review: From 1978 through 2007, Apple was in on-again, off-again trademark litigation with Apple Corps, holder of rights in The Beatles’ music and record label, over use of the APPLE trademark in connection with numerous music-related aspects of various Apple products and services, including iTunes. In 2007, Apple introduced its iPhone… Continue Reading

iPhone-y Baloney

Posted in Law Suits

On April 15, Apple launched a massive suit against Samsung alleging various counts of patent and trademark infringement arising from Samsung’s Galaxy line of products. (The Complaint is here.) While the lawsuit involved claims of trade dress infringement and patent infringement, I was most interested in the trade dress aspects of the case.  Of particular interest to… Continue Reading

Is the iPad Name Going Generic?

Posted in Branding, Famous Marks, Genericide, Guest Bloggers, Loss of Rights, Marketing, Search Engines, Trademarks

—Mark Prus, Marketing Consultant at NameFlashSM Like many professional name developers, I opened 2010 by making fun of the Apple iPad name. Steve Jobs gave a strong case for naming the “tablet pc” in a way that was consistent with previous Apple naming conventions (iPod, iTunes, iPhone), but many of us poked fun at the… Continue Reading

PING Golf Plays Nice, Profits from Trademark Deal with Apple

Posted in Agreements, Branding, Famous Marks, Goodwill, Guest Bloggers, Marketing, Trademarks

  —Andrew Miller, Intern, Fast Horse Inc. In terms of name recognition, PING is to golf what Louisville Slugger is to baseball, so you’re right if you found it odd Apple would name its new music-based social network, of all things, Ping. Apple is no stranger to trademark litigation after wrangling with Cisco (“iPhone”) and… Continue Reading

Likelihood of Confusion (As to What?)

Posted in Advertising, Agreements, Branding, Contracts, Famous Marks, Goodwill, Marketing, Trademarks

Who is responsible for this billboard ad? Is it a Google advertisement? Verizon? Motorola? Droid? Whatever the answer, it helps make the point visually that trademarks require protection beyond mere confusion as to source; basically, the same point we made a while back (in response to Seth Godin’s trademark position and then during a friendly sparring match with Ron Coleman), as we discussed the breadth of the… Continue Reading

First iPhone, Now iPad: Guessing at Apple’s Trademark Clearance Strategy

Posted in Branding, Counterfeits, Dilution, Infringement, Marketing, Trademarks

–Dan Kelly, Attorney Can you spot the genuine iPad? Back in July, I blogged about my then-discovery that Apple did not own the federal trademark registration for iPhone.  Needless to say, when I heard about Apple’s new iPad product, I just had to see if they were out in front in securing trademark rights to… Continue Reading

Describe Different

Posted in Branding, Guest Bloggers, Marketing, Search Engines, Trademarks

"What am I?" Every invention begs this essential question of identity. The answer is found in the product’s descriptor. A descriptor defines a thing, categorizing it, framing it, positioning it and signaling its intended future. A product that doesn’t claim to break new ground adopts its category’s standard convention. For example, a new, run-of-the-mill digital… Continue Reading

Lessons from the iPhone Trademark Spat

Posted in Agreements, Branding, Famous Marks, Infringement, Law Suits, Trademarks

–Dan Kelly, Attorney I don’t recall what I was doing in January of 2007, but I apparently missed the news that Cisco had sued Apple over Apple’s then-newly announced iPhone product.  I actually stumbled upon this accidentally when I recently searched for federal trademark registrations for IPHONE and found only one, and it belongs to Cisco.  (PDF here.) … Continue Reading