If you have a pup accustomed to gourmet dog treats from the Mall of America you might have an unhappy canine on your hands. Megamall kiosk owner, Chewzy Dogs, has filed suit after its franchisor and maker of its dog treats abruptly ended its agreement to supply Chewzy Dogs with its trade secret recipe treats…. Continue Reading
Tag Archives: Patents
Quilted Toilet Paper Design Flushed As Functional
Posted in Law Suits, Loss of Rights, Non-Traditional Trademarks, TrademarksAs the court ruled, and repeatedly reminded: "Toilet paper. This case is about toilet paper." Just last week the United States Court of Appeals for the Seventh Circuit enjoyed applying only a modicum of potty humor while deciding Georgia Pacific Consumer Products LP v. Kimberly-Clark Corporation, a case involving alleged non-traditional trademark rights in Georgia-Pacific’s Quilted Diamond… Continue Reading
Taste Infringement?
Posted in Advertising, Branding, Food, Guest Bloggers, Infringement, Marketing, Non-Traditional Trademarks, Taste, Trademarks, TTABWe’ve spent some time here discussing the world-famous Coca-Cola brand. Most recently, David Mitchell wrote about the incredible consistency of the Coca-Cola brand over the past 125 years. A while back Dave Taylor wrote a nice Ode to the Brand of Brands, the King of Cola: Coke. And, let’s not forget my humble suggestion that… Continue Reading
Samuel Adams Better Beer Glass . . . No Trademark For You?
Posted in Advertising, Branding, Food, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Sight, TrademarksIf the "Soup Nazi" were employed as a Trademark Examining Attorney at the USPTO, he might be heard crabbing at the makers of Samuel Adams Boston Lager, were they to attempt to register or claim as a trademark the shape of their "new" beer glass from 2007, now almost four years old: "No trademark for you!" ("Best… Continue Reading
A Frisbee By Any Other Name?
Posted in Branding, Domain Names, Famous Marks, Genericide, Goodwill, Marketing, TrademarksIn reading news of the passing of Fred Morrison, inventor of the Frisbee Normal 0 0 1 2 1 1 2 11.1287 0 0 0 ®, I was surprised to learn that the Frisbee wasn’t always called "Frisbee." Morrison sold his rights to Wham-O in 1957 ("sold" being used loosely — he apparently earned more… Continue Reading
The Patent Attorney Approach To Marketing
Posted in MarketingWARNING: GRAPHIC CONTENT This post graphically shows what happens when a patent attorney attempts marketing. If you have a sensitive stomach or feel faint at the mention of the word "algebra," you may not want to read on. What follows is an attempt by a group of inventors, including "at least one" patent attorney, to claim as… Continue Reading









