DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Non-Distinctive

BAND-AID, TM Death by a Thousand Cuts?

Posted in Advertising, Branding, Famous Marks, Genericide, Loss of Rights, Marketing, Trademarks, Truncation

If you were a Band-Aid brand adhesive bandage, and you were cut, would you protect yourself? Brent, sorry I couldn’t help myself, I’m still enjoying your Louis Vuitton waffle-maker post. With that intro, let’s turn another page to the Genericide Watch category, here at DuetsBlog: In focusing attention on the first item in the list shown above, to the… Continue Reading

TryMe? Trademark or Informational Matter?

Posted in Branding, Fair Use, Food, Guest Bloggers, Loss of Rights, Marketing, Trademarks, TTAB

  I’d venture to say that virtually every product sitting on a store shelf is crying out "try me" — some more colorfully than others, some more subtly than others, some more creatively than others, some more persuasively than others. However, most don’t just some out and say the words. Assuming that to be the case, is… Continue Reading

Holiday Inn Lights It Up With a Pair of Non-Traditional Trademarks

Posted in Advertising, Branding, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks

Notice anything special about this pair of photographs featuring two different Holiday Inn front entrances? OK, putting aside that the one on the right — with green lighting — seems to have attracted, at least, a few cars, whereas the "blue light special" on the left appears to stage a full house with virtually every room light… Continue Reading