Last week, the North Dakota Supreme Court issued an opinion in a suit relating to the University of North Dakota’s use of the name FIGHTING SIOUX and related imagery. This opinion was the latest installment in a long-running matter, the history of which I will not get into in detail–the opinion recites most of the relevant facts. … Continue Reading
Tag Archives: Native Americans
Supreme Court Declines to Hear Redskins Trademark Case
Posted in Advertising, Branding, Trademarks, TTABToday, the U.S. Supreme Court declined to hear the requested appeal of Harjo v. Pro-Football, Inc., the nearly two-decade old trademark case seeking cancellation of the U.S. Trademark Registrations owned by the NFL franchise in the Nation’s Capitol. In doing so, the highest Court in the land, has permitted the laches ruling to stand. Basically, permitting dismissal of the action given a… Continue Reading
Supreme Court Asked to Review Washington Redskins Trademark Case
Posted in Advertising, Branding, First Amendment, Law Suits, Marketing, Trademarks, TTABBack in May, I wrote a piece entitled "Re-Branding Madness in Washington" Overlooks Obvious: The Washington Redskins," discussing the trademark cancellation action that I filed on behalf of seven prominent Native American leaders back in September 1992 (Harjo et al v. Pro-Football, Inc.), and calling for the football team to "hire a branding guru to engage… Continue Reading
Chief Wahoo ≠ Louis Sockalexis
Posted in Advertising, Branding, Marketing, TrademarksLast week I blogged about how the Cleveland Indians could save some face by re-branding Chief Wahoo: Turns out there are some who believe that Chief Wahoo is a "tribute" to or the logo actually pays "homage" to Louis Sockalexis, who Baseball Almanac has reported to be professional baseball’s first American Indian player. He apparently played for… Continue Reading
“Chief Wahoo” Re-Branding Underway? A Painful Lesson on Saving Face
Posted in Advertising, Branding, First Amendment, Marketing, TrademarksA picture can say a thousand words; so does a face. The same is probably true of non-verbal logos, including the several federally-registered "Chief Wahoo" logos, shown above (all apparently still in use by the "Cleveland Indians" professional baseball team, according to their latest trademark filings). So, what do they say to you? My take? I can… Continue Reading
“Re-Branding Madness in Washington” Overlooks Obvious: The Washington Redskins
Posted in Branding, First Amendment, Law Suits, Marketing, TrademarksRe-branding occurs all the time. Re-branding occurs in business. Remember when Bell Atlantic became Verizon? Andersen Consulting became Accenture? How about when Philip Morris became Altria? Re-branding occurs in politics too. Just days ago, Judson Berger discussed a kind of "re-branding madness" consuming Washington, D.C. right now: "Terrorist attack is out. — ‘man caused disaster’ is in." Our friends at Catchword Branding had… Continue Reading
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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...
Dan Kelly
You can call me a “non-traditional” attorney, which is a polite way of saying that I did not attend law school straight out of college. I spent five of my first six years after college as a junior high school teacher. The other year I worked as an engineer for a large corporation. More...
Sharon Armstrong
Voted most likely to become an actress while in pre-school, I don’t think I surprised anyone by becoming a lawyer, the steadiest professional gig open to those with a flair for the dramatic. 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...
Catlan McCurdy
Having long been told by my parents that I could do or be anything I wanted, I chose at the age of 10 to become an attorney, as it was the career that would most likely lead me to my goal of becoming the first woman POTUS.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...
Susan Perera
Born into the world with an aptitude for science and an affinity for art I found my career path quickly chosen for me. 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...
Laura Gutierrez
An attorney I am not. Though told to become one, I don't possess those qualities needed to be an effective one (I lack confrontation skills, and although I can write a great argumentative essay, I can’t argue outside a sheet of paper). More...