Restaurant trade dress is possible to own when the claimed trade dress is distinctive and non-functional, think Taco Cabana. Restaurant trade dress can be so unique in the marketplace that distinctiveness is presumed with a finding of inherent distinctiveness. When not so obviously unique, distinctiveness also can be established with the more difficult proof of secondary meaning. Remember 1992? The… Continue Reading
Tag Archives: Michigan
Pepsi, No Coke: Branding Nonsense at Work?
Posted in Advertising, Branding, Famous Marks, Food, MarketingIrony is something I enjoy capturing, as you already know, especially when it comes to branding. Take this recent image from my favorite hot dog joint in Grand Rapids, Michigan, Yesterdog: Note the vintage Drink Coca-Cola signage on the wall, directly behind the modern soft drink fountain, delivering only Pepsi products, to my great disappointment. Now,… Continue Reading
But Aaron, What if the Name Was Trim?
Posted in Advertising, Branding, Guest Bloggers, Marketing, TrademarksAaron Keller’s keen branding and naming points yesterday — prompted by his recent encounter with a physician by the name of Dr. Cure, are well taken. Building upon that +5 naming scale theme, with a surname like Trim, especially if it is Will Trim, you might expect a personal trainer at one of the local health clubs,… Continue Reading
Malarkey: Political Storytelling
Posted in Advertising, Branding, False Advertising, Marketing, Squirrelly ThoughtsVice President Joe Biden recently revived popular use of the word “malarkey” or “malarky” — a word that essentially means “nonsense.” Our DuetsBlog friend Nancy Friedman, author of the award-winning Fritinancy Blog, covered “Malarkey” as the “Word of the Week” earlier this month. So, imagine my surprise to pass by a restaurant called Malarkys in Grand Rapids, Michigan this past weekend;… Continue Reading
Trademark Victims?
Posted in Branding, Food, Infringement, Marketing, Trademark Bullying, Trademarks, USPTOHardly a day goes by without the media reporting on some sort of trademark dispute. Enter the need for a winner and a loser, a bully and a victim. You know the typical media drill by now, Goliath is the trademark owner and a guilty bully, and David, of course, is an innocent victim, lacking any personal responsibility whatsoever…. Continue Reading
Duets Blog Authors
Steve Baird
Just so you know, I'm all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, "Who owns these brands" and "Did they really register those marks?" More...
Brent Lorentz
Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. More...
Tiffany Blofield
Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else. More...
Brad Walz
My law career started on the ice…as a defensive hockey player (we’re not talking professionally…and if I were, I probably wouldn’t have gotten into law). More...
Derek Allen
In hindsight, writing about creativity and the law may have always been in the cards for me. I began training for a career in litigation at an early age by finding ways to disagree with pretty much anyone about pretty much anything. In my longest-running “case,” I argued with my middle school math teacher, Mrs. Jabs, for the better part of four years over whether, even if I got the right answer, I had to show my work to get full credit. More...
Martha Engel
Although my interest in gadgetry and my aptitude for math eventually led me to become an engineer, my ad executive father and artistically gifted mother fostered an appreciation for the creative from a young age. More...
Anjali Shankar
When I was in elementary and middle school, I loved writing short stories. Creativity and imagination seem to come naturally to people when they are young. More...
Timothy Sitzmann
I have always considered myself to be a creative person. Full disclosure: I'm not claiming that I've created anything good, merely that I have created things that exist.More...
Cathleen Dahl
Trademarks and I met through a small job advertisement in the back of a local newspaper, and little did I know that I would spend the next 18 years (and counting) deriving a living from their existence and importance. More...