DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Right of Publicity

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