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Tag Archives: Kroger

Managing The Legal Risk of “Verbing Up” Brands and Trademarks

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

Trademark lawyers need to face the facts. Despite decades of ardent counseling to the contrary, business executives and marketers are not only testing the waters with the treatment of their most valuable brands as verbs, in some cases, they are diving in head first, committing substantial resources and effort toward the clearly stated goal of "verbing up" and having their brands used as verbs by… Continue Reading

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

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