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Tag Archives: Scandalous

“Not So Fast,” Mr. THRILLED Daniel Snyder

Posted in Mixed Bag of Nuts

Lee Corso (former coach and ESPN football analyst) frequently utters this famous sports media catchphrase on ESPN’s “College GameDay” program: “Not so fast, my friend!” The first three words of that phrase come to mind upon hearing that THRILLED Daniel Snyder (majority owner of the NFL football franchise nearest the Nation’s Capitol) is celebrating Simon… Continue Reading

While the Slants are in the Spotlight, Chief Wahoo is on Deck

Posted in First Amendment, USPTO

Throughout the past decade, attorneys, judges, plaintiffs, and defendants have invested thousands of hours in the fight over offensive trademarks. Most of the public is aware of the controversy surrounding the Washington Redskins, who continue to be embroiled in litigation that is currently pending with the Federal Court of Appeals for the Fourth Circuit. But… Continue Reading

Madonna Not Scandalous for Wine Anymore

Posted in Articles, Branding, First Amendment, Marketing, Trademarks, TTAB, USPTO

The headline might be considered old news to some, but since intellectual property attorneys from around the world will be descending upon Minneapolis for the remainder of the week, and since I’ll be speaking tomorrow at the American Intellectual Property Law Association Spring Meeting at the Minneapolis Hilton, on the history and public policy behind… Continue Reading

Did the Federal Circuit Just Save the Redskins’ trademark registrations?

Posted in First Amendment, Trademarks, USPTO

Yesterday the Federal Circuit issued its decision in In re Tam, an appeal filed by a musician whose application to register the mark THE SLANTS had been refused registration on the ground that it was disparaging to Asian Americans. The Trademark Trial and Appeal Board (TTAB) relied on the same provision to cancel the registrations… Continue Reading

Trademarks That Violate Public Policy

Posted in Articles, Branding, First Amendment, Law Suits, Marketing, Trademarks, TTAB, USPTO

As our friend John Welch reported last week, the place to be on March 10, 2015, is Washington, D.C., at the 25th Annual “PTO Day,” sponsored by the Intellectual Property Owners Association: John will be part of the panel update on TTAB practice, and I’ll be providing the overview of Section 2(a) of the Lanham… Continue Reading

Scandalous Trademarks: Wanted Dead or Alive?

Posted in Law Suits

On June 15, 2011, the United States District Court for the Southern District of Indiana put a bullet in Dillinger, LLC’s efforts to hold Electronic Arts liable for trademark infringement and unfair competition based on EA’s use of the word “Dillinger” in one of its video games. EA is the developer and publisher of Godfather video… Continue Reading

Primitive & Impolite, But Non-Vulgar Trademark & Naming Technique?

Posted in Advertising, Branding, Food, Marketing, Trademarks

On a recent pilgrimage to my home town to visit the University of Iowa and to see the Hawkeyes play football again in hallowed Kinnick Stadium, I discovered that a rather rudimentary and perhaps impolite (or potty mouth), yet passionate (sorry Nancy) branding technique, is alive and kicking in Iowa City. I also learned what now appears to go hand-in-hand (or, perhaps leg-in-hands as… Continue Reading

Tripartite Branding Trouble: The Name is Suk?

Posted in Advertising, Branding, Goodwill, Marketing, Trademarks

"The name is Bond, James Bond," said Sean Connery, Roger Moore, and Daniel Craig, among others, countless times in film, as part of the famous 007 series. An ideal name for a secret agent. A name and line not easily forgotten, as brands and taglines should be. And then, there are some names you’d like to forget, but can’t, especially if… Continue Reading

Now That’s a Peach . . . of a Trademark Description

Posted in Marketing, Sight, Trademarks

Mark Prus recently highlighted some examples of a do-it-yourself naming faux pas, where he asked "What were they thinking?!" This one probably deserves the same question and, at least to me, clearly falls into the category of a do-it-yourself trademark application faux pas. Just so you know, I innocently stumbled across this recently abandoned trademark application for the above shown design trademark in connection… Continue Reading

Holding the Line on Decency

Posted in Advertising, Trademarks

–Dan Kelly, Attorney One of the hottest pieces of blogfodder these days is the recent ad for Huggies Jeans diapers.  Others have commented on the taste aspects of this ad.  My question?  I wanted to know whether Kimberly-Clark applied to register trademark rights in the tag line, “The coolest you’ll look pooping your pants.”  As… Continue Reading

Don’t Expect This to Have Tiger by the Tail…

Posted in Advertising, Agreements, Branding, Contracts, Guest Bloggers, Marketing

  Tiger Woods’ scandal proves once again that celebrity gossip mongering is a blood sport. The bigger the celebrity, the more the blood will flow. In Tiger’s case, he can open up a blood bank. Though it’s unlikely to reach the insanity that was unleashed when Michael Jackson died last summer, it will take the… Continue Reading

Single Letter Chewing Gum Brands: A Lasting Flavor or Just B S?

Posted in Advertising, AlphaWatch, Branding, Food, Marketing, Trademarks

                 My recent family road trip through the heartland had me spending more time than usual pumping gas and shopping in convenience stores, so a few chewing gum brands "gone single letter" caught my eye. As you may recall, I already have reported on Single Letter Envy in Hotel Branding…. Continue Reading