DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Martha Engel

The Great Presidential (logo) Debate

Posted in Advertising, Branding, SoapBox, Social Media, Squirrelly Thoughts, Television, Trademarks, Truncation

The day has finally arrived – the beginning of 2016 presidential debate season!  The best reality TV showdown around!  Democrat or Republican, I don’t discriminate, political debates are probably the only fighting “sport” in a ring that I enjoy watching.  Fox finalized its debate card for the first debate of the season and, with the… Continue Reading

At The Corner of Trademarks and Confusion

Posted in Advertising, Branding, Food, Infringement, Marketing, Trademarks

Even in the age of the Internet, the geographic use of a trademark is an important consideration in determining whether your mark is likely to confuse consumers as to the source of your goods or services. Geographic considerations are particularly important for bars, restaurants, breweries, wineries, and distilleries – especially as they enter new markets…. Continue Reading

Is Brewer’s BOSTON 2024 Ahead of Its Time?

Posted in Branding, Famous Marks, International, Marketing, Trademarks, USPTO

Boston Beer Corporation, makers of Samuel Adams beer, received approval for its intent-to-use trademark application for the word mark BOSTON 2024 for “beer,” which generated some news buzz in light of the city’s bid for the 2024 Olympics.  While the move was praised as a smart business strategy to grab the name before other brewers,… Continue Reading

Trolling for an Inventive Method for Patent Enforcement

Posted in Genericide, Idea Protection, Infringement, Law Suits, Loss of Rights, Patents, SoapBox, Squirrelly Thoughts, Technology, USPTO

In the wake of Jon Stewart and Stephen Colbert leaving their respective shows on Comedy Central for newer pastures, John Oliver has emerged as a new beacon of political humor and satire.  If you haven’t watched his show, and especially if you considered the former two as having an obvious political slant, you should check… Continue Reading

The Keys are in the Design

Posted in Almost Advice, Branding, Non-Traditional Trademarks, Patents, Product Configurations, Squirrelly Thoughts

We often ask kids this question: “what do you want to be when you grow up?”  While my trajectory towards lawyering is true, my answer wasn’t always immediately “lawyer.”  I sought something that satisfied my passion for the creative, my critical eye, and my aptitude for math.  For a long time, whenever I answered that… Continue Reading

March Madness For INNOVATION

Posted in Advertising, Branding, Food, Marketing, Trademark Bullying, Trademarks

Following a nice evening out chatting with Kevin O’Keefe, it’s time for my favorite weekend of all – the NCAA tournament. Now this post isn’t necessarily about basketball, but rather rivalries. In particular, rivalries between the state of Michigan and the state of North Carolina. Michigan v Duke, Michigan State v. North Carolina…there’s plenty of… Continue Reading

Deck Stacked Against HOUSE OF CARDS

Posted in Television, Trademarks, USPTO

No spoilers here, I promise.  Like many Americans since it was released on Friday, I’ve been binge-watching Season 3 of House of Cards.  If you haven’t watched the program, available only on Netflix, it’s a riveting drama of political intrigue with stellar acting featuring Kevin Spacey and Robin Wright.  The promise of another House of… Continue Reading

The NORTH STAR Guides One to Trademark Issues

Posted in Trademarks, USPTO

Minnesota is known as the North Star State – L’Étoile du Nord.  The state of hipsters, unique dining experiences, bitter cold winters, gorgeous summer nights, and fantastic craft brewers also has an impressive craft cocktail scene.  One of its stars has been Johnny Michaels, formerly barman at La Belle Vie, a restaurant that is consistently… Continue Reading

BLACKHAWK Down: Registration Refused Based on Relatedness of Wine & Beer

Posted in Squirrelly Thoughts, Trademarks, TTAB, USPTO

While the Minnesota state legislature ponders whether consumers should be able to purchase liquor on Sundays within the state, the U.S. Trademark Trial and Appeal Board (TTAB) has once again concluded that consumers are likely to be confused that beer sold under one mark comes from the same source as wine (or another liquor) sold… Continue Reading

Have a STELLAr Christmas

Posted in Advertising

While it seems like Santa’s agent did not turn down any requests for ad appearances in 2014 by the Man in the Red Suit (check out this one), this was one of the best recent holiday ads this year: No Santa here, but there is something else conspicuously absent from a Stella Artois commercial –… Continue Reading

Oh What A Tangled WEB We Weave When First We…Try To Show Use

Posted in Almost Advice, Trademarks, USPTO

In order to get a trademark registered or maintain a registration, an example of use of the trademark (referred to by trademark nerds as a “specimen”) must be submitted to the US Trademark Office.  Often trademark attorneys rely on the most readily available specimen that they can find:  their client’s website.  But if the website… Continue Reading

Giving Thanks

Posted in Mixed Bag of Nuts

As “Black Friday” store openings creep earlier and earlier into Thursday, I’m growing concerned that my favorite holiday Thanksgiving is losing its luster.  We eat pumpkin pie rather than carve pumpkins like Halloween, and Thanksgiving doesn’t carry the festiveness or allure of a stocking hung by the chimney with care.  We gorge on tryptophan, watch… Continue Reading

I’m a Patent Attorney – Isn’t that Scary Enough?

Posted in Patents, Product Configurations, Squirrelly Thoughts

A Hoppy Halloween from all of us ghoulish folks here at DuetsBlog! Spending for Halloween this year is likely to hit $11 billion dollars, possibly more than is spent decorating for Christmas.  This fact is easily witnessed in many neighborhoods around town, especially this one where just about every house has some sort of Halloween… Continue Reading

HOW To Support a Lawsuit in 140 Characters or Less

Posted in Advertising, Almost Advice, Branding, Infringement, Law Suits, Marketing, Social Media, Trademarks

It’s not too often that we see a trademark dispute that affects the marketing and advertising community directly (rather than just their clients), but the facts on this one read like answers to the Five W’s: Who? Popular Greek yogurt manufacturer Chobani, its ad agency Droga5, and corporate leadership guru Dov Seidman. What? A trademark… Continue Reading

The House That Solitude Built

Posted in Agreements, Trademarks

Ever tried to search for directions on your so-called “smart” phone by the name of your intended destination?   What if it directed you to the museum you searched, but unwittingly not the museum you intended to visit…in the same area?  As if there were not enough things to be afraid of in New Jersey like… Continue Reading

Silicon Valley x Fashion District = Blurred Lines

Posted in Advertising, Agreements, Branding, Copyrights, Fashion, Infringement, Marketing, Patents, Product Configurations, Technology, Trademarks

Growing up in the 80s, it’s amazing how both fashion and technology have evolved since Scrunchies and Commodore 64s – although a quite separate evolution. I can’t recall a fashionable pager (really, go try to find one), or a chic mp3 player (I had an Archos Jukebox, look at that brick). That all changed once Apple… Continue Reading