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Tag Archives: litigation

Dubious Patent Trolls and a Crowdfunded Infringement Defense

Posted in Infringement, Law Suits, Mixed Bag of Nuts, Patents

We’ve spent time discussing the patent troll phenomenon in the past.  Patent trolls are less pejoratively referred to as non-practicing entities, because they do not make or use the inventions covered by their patents.  Instead, these non-practicing entities operate by purchasing patents on various technologies, accusing companies of infringing those patents, and demanding the companies… Continue Reading

How to Scare the Pants Off Your Attorney: Get better service, another attorney or be pleasantly surprised

Posted in Guest Bloggers, Mixed Bag of Nuts

–  James E. Lukaszewski, ABC, Fellow IABC, APR, Fellow PRSA, PRSA BEPS Emeritus If you are an attorney, work with or have attorneys in litigation, here’s an interesting, relevant, recent story you can relate to. This is also a story about leadership. A couple months ago, I was asked by a local religious organization to… Continue Reading

Villains: Knowing the Most, But Caring the Least

Posted in Almost Advice, Branding, Infringement, Trademark Bullying

– Derek Allen, Attorney – I just finished reading Chuck Klosterman’s I Wear the Black Hat, a book that deals with what we mean when we call someone a villain.  By covering examples as diverse as Joe Paterno, Bernhard Goetz, O.J. Simpson, N.W.A., and Chevy Chase, the ultimate conclusion of the book is that a villain is someone who “knows the most, but… Continue Reading

“Trademark Bullying” Comment Period Extended (Again)

Posted in Infringement, Law Suits, Trademark Bullying, Trademarks

It appears the USPTO, once again, has extended the period for submitting comments on what originally was termed a study regarding “trademark bullying,” but was later characterized as a study on “aggressive trademark litigation tactics” — so, for those of you still interested in submitting comments, the new deadline is February 14, 2011. Apparently, the USPTO plans on delivering the… Continue Reading

Rocker and Reality Star Settles Suit Regarding Trademark

Posted in Trademarks

Band names are big merchandising business, including t-shirts, hats, posters and other paraphernalia.  When checking the United States Patent and Trademark Office (“USPTO”) website for other band trademarks, I was not surprised that the lead singer and savvy businessperson Jon Bon Jovi (a.k.a. John Bongiovi) owns the Bon Jovi® trademark himself. Eighties band REO Speedwagon set… Continue Reading

Best Buy, Resurrected From the Trademark Graveyard?

Posted in Branding, Dilution, Domain Names, False Advertising, Infringement, Law Suits, Loss of Rights, Marketing, Trademarks

As a trademark type, something struck me as odd about the Best Buy logo image appearing on the brand new outdoor baseball scoreboard at Target Field, during the Minnesota Twins recent home opener against the Boston Red Sox, so I captured a photograph to discuss it here on DuetsBlog. What caught my eye was the curious placement of the ® federal registration symbol. Its positioning adjacent to the words… Continue Reading

The D-Word: What Ever You Do, Don’t “Describe” Your Brand!

Posted in Advertising, Branding, Infringement, Law Suits, Marketing, Trademarks

Frequently brand owners find themselves in the position of wanting or needing to explain the thinking behind their name, mark, and/or brand. Sometimes the explanations appear publicly on product packaging, websites, catalogs, brochures, advertising, and frequently in press releases, or perhaps in statements to reporters, especially when trademark litigation concerning the brand is involved. Such explanations about the brand’s… Continue Reading

Whatever Happened to the Adversarial System?

Posted in Almost Advice, Branding, Guest Bloggers, Infringement, Law Suits, Marketing

My job sometimes is rescuing attorneys, often from themselves. Perhaps the quintessential illustration is a comment made by a corporate general counsel recently, whose organization was responsible for a number of victims, including fatalities. Her opening line to me was, “We’re not the empathy department in this company.” However, the reason she was talking to me was that… Continue Reading