DuetsBlog Collaborations in Creativity & the Law

Tag Archives: PDA

Likelihood of Confusion (As to What?)

Posted in Advertising, Agreements, Branding, Contracts, Famous Marks, Goodwill, Marketing, Trademarks

Who is responsible for this billboard ad? Is it a Google advertisement? Verizon? Motorola? Droid? Whatever the answer, it helps make the point visually that trademarks require protection beyond mere confusion as to source; basically, the same point we made a while back (in response to Seth Godin’s trademark position and then during a friendly sparring match with Ron Coleman), as we discussed the breadth of the… Continue Reading

Name That (Zombie) Brand

Posted in Guest Bloggers

Losing a trademark challenge is bad news, right? It’s costly, it’s embarrassing, and it can damage a brand’s reputation. And yet in one well-known instance, losing a trademark challenge didn’t hurt a brand at all. In fact, it ensured the brand’s immortality. The product name I’m thinking of existed for just three years in the… Continue Reading

Describe Different

Posted in Branding, Guest Bloggers, Marketing, Search Engines, Trademarks

"What am I?" Every invention begs this essential question of identity. The answer is found in the product’s descriptor. A descriptor defines a thing, categorizing it, framing it, positioning it and signaling its intended future. A product that doesn’t claim to break new ground adopts its category’s standard convention. For example, a new, run-of-the-mill digital… Continue Reading