DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Right of Publicity

Beretta, (No) Thank You Very Much . . . .

Posted in Advertising, Articles, Infringement, Law Suits, Marketing

Apparently Elvis Presley was a well-known Beretta gun owner during his life, so I suppose his lips might have uttered the words “Beretta, thank you very much.” The King’s estate, however, isn’t thankful about an Elvis-themed advertising campaign designed to promote the sale of Beretta firearms. Ad Law Access reports that Elvis Presley’s Estate filed suit against Beretta for… Continue Reading

Where Everybody Knows Your Name(s)

Posted in Almost Advice, Branding, Copyrights, Infringement, Marketing, Mixed Bag of Nuts, Social Media, Social Networking, Television, Trademarks

Who would you expect to find sitting at the end of the bar in this recently re-named Minneapolis sports bar, formerly known as Halek’s Bar? What if you were to queue a very familiar tune to these lyrics, would that help? Yeah, I was thinking of these guys too: But, what if these guys have nothing to do with… Continue Reading

Red Solo Cup Inspiration?

Posted in Audio, Branding, Dilution, Goodwill, Marketing, Non-Traditional Trademarks, Trademarks

Marketing types, it may well be obvious to some, but it is always important to consider the source of inspiration for the branding and marketing of the products and services you promote. At least for those who follow country singer Toby Keith, with a Costco retail end-cap display like this, it’s hard not to assume where the… Continue Reading

Reaching from the Grave, Should Publicity Rights End Upon Death?

Posted in Advertising, Guest Bloggers

—Joy Newborg, Winthrop & Weinstine, P.A. Over the years, several businesses have tried to gain a competitive edge by associating their products with famous celebrities… but without obtaining licenses. There has been the “Bogart” collection of furniture sold by Ashley Furniture (presumably relying on Humphrey Bogart’s name to sell a common looking line of couches… Continue Reading

And, Here’s . . . Jimmy’s Johnnys

Posted in Advertising, Branding, Dilution, Famous Marks, Food, Marketing, Television, Trademarks, TTAB

One good thing leads to another, or perhaps, vice versa (then again, maybe not):      Odds are, you probably are familiar with the logo on the left, but maybe not the history behind the brand and company it represents. Apparently, a guy named Jimmy John Liataud founded Jimmy John’s Gourmet Sandwiches in Charleston, Illinois, in 1983, and since then, has grown… Continue Reading

Really, Facebook? Really?

Posted in Advertising, Social Networking

Hot on the heels of Dan Kelly’s prediction of the eventual fall of social networking sites, it seems that Facebook has embroiled itself in another controversy.  The upshot of the most recent story is that Facebook is essentially using its power of cyber eminent domain to sieze and use photos posted by users for advertisements… Continue Reading

Using Another’s Body to Sell Your Products? The Problem of Airbrushing Non-Traditional Trademarks

Posted in Advertising, Branding, Food, Goodwill, Infringement, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Sight, Trademarks

  Airbrushing is a familiar technique among advertisers looking to avoid the risk of trademark infringement or dilution liability when branded props of others appear and would otherwise be recognizable. It can work well when removing a traditional visual trademark, i.e., a logo or word mark, because there can be no likelihood of confusion with (or dilution of) a visual… Continue Reading