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
Tag Archives: Right of Publicity
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
Right Royal, Protecting a Royal (To-Be’s) Name
Posted in International–Susan Perera, Attorney Just across the pond, the UK has been aflutter with the news of the royal engagement of Prince William to Kate Middleton since the story broke back in November. As with many high profile events, this one has spurred some creative ways to profit from Kate’s newly elevated status. One area of… Continue Reading
And, Here’s . . . Jimmy’s Johnnys
Posted in Advertising, Branding, Dilution, Famous Marks, Food, Marketing, Television, Trademarks, TTABOne 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 NetworkingHot 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, TrademarksAirbrushing 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
Duets Blog Authors
Steve Baird
Just so you know, I'm all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, "Who owns these brands" and "Did they really register those marks?" More...
Brent Lorentz
Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. More...
Tiffany Blofield
Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else. More...
Brad Walz
My law career started on the ice…as a defensive hockey player (we’re not talking professionally…and if I were, I probably wouldn’t have gotten into law). More...
Derek Allen
In hindsight, writing about creativity and the law may have always been in the cards for me. I began training for a career in litigation at an early age by finding ways to disagree with pretty much anyone about pretty much anything. In my longest-running “case,” I argued with my middle school math teacher, Mrs. Jabs, for the better part of four years over whether, even if I got the right answer, I had to show my work to get full credit. More...
Martha Engel
Although my interest in gadgetry and my aptitude for math eventually led me to become an engineer, my ad executive father and artistically gifted mother fostered an appreciation for the creative from a young age. More...
Anjali Shankar
When I was in elementary and middle school, I loved writing short stories. Creativity and imagination seem to come naturally to people when they are young. More...
Timothy Sitzmann
I have always considered myself to be a creative person. Full disclosure: I'm not claiming that I've created anything good, merely that I have created things that exist.More...