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Tag Archives: Section 2(a) of Lanham Act

Trademark Disparagement Kills the R-Word

Posted in Articles, Branding, Law Suits, Marketing, SoapBox, Trademarks, TTAB, USPTO

My father-daughter time was wonderful in London when the news hit about the USPTO ordering cancellation of the six ”Washington Redskins” trademarks as disparaging to Native Americans. Thanks for your patience in waiting for my perspective on the subject — you know I’m thrilled if you know me well, if you know of my involvement in the… Continue Reading

Google’s Latest Trademark Bugaboo?

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Infringement, Marketing, Non-Traditional Trademarks, Search Engines, Sight, Trademarks, USPTO

Fame tends to attract attention, and imitation, especially unwanted imitation from, well, even pests. The Google trademark appears to have obtained such a high degree of fame that no third party can include the word “Google” in its mark without having a problem, regardless of what the third party happens to be selling. Ron, can you say, right in gross?… Continue Reading

The R-Word, Postponing the Inevitable

Posted in Almost Advice, AlphaWatch, Articles, Branding, Law Suits, Marketing, Trademarks, TTAB, USPTO

As many anxiously await the Trademark Trial and Appeal Board’s (TTAB) decision in Blackhorse v. Pro Football, Inc., a trademark cancellation action seeking to revoke six federal service mark registrations containing the R-Word (issued between 1967 and 1990), the pressure is mounting for the NFL team located near our Nation’s Capital to stop postponing the inevitable: A name change. Change… 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

Mark Zuckerberg Means What?

Posted in Advertising, Branding, False Advertising, Marketing, Social Networking

This billboard ad has been running in the Twin Cities for a while now, promoting a local car dealership who is very proud of its website: Does anyone seriously believe that Mark Zuckerberg – the twenty-seven year old president, chief executive officer, and co-creator of the Facebook social networking site — is jealous of the morries.com website?… 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

Trademark Specimens of Use: A “Necessarily Subjective” Standard

Posted in Advertising, Branding, Food, Marketing, Product Packaging, Trademarks, TTAB

John Welch, over at the TTABlog, reported on a recent trademark specimen of use case (pdf here); one near and dear to my heart, since I represented the Applicant seeking to register the composite word-only mark DELI EXPRESS SAN LUIS for sweet rolls. At issue in the case was whether the product label specimen (appearing below) shows use of the… Continue Reading

Supreme Court Declines to Hear Redskins Trademark Case

Posted in Advertising, Branding, Trademarks, TTAB

Today, the U.S. Supreme Court declined to hear the requested appeal of Harjo v. Pro-Football, Inc., the nearly two-decade old trademark case seeking cancellation of the U.S. Trademark Registrations owned by the NFL franchise in the Nation’s Capitol. In doing so, the highest Court in the land, has permitted the laches ruling to stand. Basically, permitting dismissal of the action given a… Continue Reading

Supreme Court Asked to Review Washington Redskins Trademark Case

Posted in Advertising, Branding, First Amendment, Law Suits, Marketing, Trademarks, TTAB

Back in May, I wrote a piece entitled "Re-Branding Madness in Washington" Overlooks Obvious: The Washington Redskins," discussing the trademark cancellation action that I filed on behalf of seven prominent Native American leaders back in September 1992 (Harjo et al v. Pro-Football, Inc.), and calling for the football team to "hire a branding guru to engage… 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

“Re-Branding Madness in Washington” Overlooks Obvious: The Washington Redskins

Posted in Branding, First Amendment, Law Suits, Marketing, Trademarks

Re-branding occurs all the time. Re-branding occurs in business. Remember when Bell Atlantic became Verizon? Andersen Consulting became Accenture? How about when Philip Morris became Altria?   Re-branding occurs in politics too. Just days ago, Judson Berger discussed a kind of "re-branding madness" consuming Washington, D.C. right now: "Terrorist attack is out. — ‘man caused disaster’ is in." Our friends at Catchword Branding had… Continue Reading