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Tag Archives: Restaurant Trademarks

The Not-So-Happy Place of Genericness

Posted in Articles, Food, Genericide, Infringement, Law Suits, Loss of Rights, Non-Traditional Trademarks, Trademarks

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

Inherently Distinctive Restaurant Interior?

Posted in Branding, Domain Names, Food, Marketing, Non-Traditional Trademarks, Sight, Trademarks

We recently focused our attention on a very unique-looking, dare I say distinctive, retail store exterior design; for a quick reminder, see here. The recent craze for self-serve frozen yogurt shops – where you pay by the ounce (or perhaps, by the pound), has us focused today on a pretty darn unique interior retail environment: This is… Continue Reading

This is How You Verb Your Brand

Posted in Branding

Recovering from a nasty bout of walking pneumonia over the last couple of days, I probably spent more time (at least, mindless time) in front of the television than the last several months combined. One thing that caught my eye during a brief and surprisingly mindful moment while I suffered was another brand to recently jump on the brandverb… Continue Reading

AlphaWatch on the Streets of San Francisco

Posted in AlphaWatch, Branding, Marketing, Trademarks

Something like 8,000 trademark attorneys are wandering loose on the streets of San Francisco for the International Trademark Association’s annual meeting. Once again, the main attraction was "Meet the Bloggers" — this edition happened to be "Meet the Bloggers VII" — where a record crowd crammed into Swig Bar a few hours ago, from 8:00 – 10:00 PM. Thanks Marty, John, and Ron for another great event!… Continue Reading

Retail Sign Shape Trademarks: The “French Diamond Design”

Posted in Branding, Food, Marketing, Non-Traditional Trademarks, Sight, Trademarks

You probably have gathered by now that I like thinking and writing about non-traditional trademarks. For some time, mostly when I’m in the car and I happen to notice them, I have been wondering about the shapes of various retail signs and how many of their owners may have sought to federally register them as non-traditional trademarks, separate… Continue Reading