Today ICANN, the Internet Corporation for Assigned Names and Numbers, better known as the company that basically runs the Internet, begins accepting applications for generic top level domains. Most users know top level domains such as .com, .org, .edu…and even .xxx. Now, under this new program, organizations can apply to use virtually any term, including… Continue Reading
Tag Archives: Sharon Armstrong
Coming Soon to a Store Near You…Tavern on the Green Ketchup?
Posted in TrademarksThere’s been a lot of ink spilled on Duets Blog about the long saga of the Tavern on the Green, here, here and here. The last we heard, back in March of 2010, was that a judge had ordered the cancellation of the trademark registration for TAVERN ON THE GREEN mark in connection with restaurant… Continue Reading
Co-opting Political Symbols for Commercial Use
Posted in TrademarksThe Lanham Act prevents applicants from registering any of a number of words and devices as marks, including immoral or scandalous matter and flags or coats of arms. In terms of the latter exclusion, such a prohibition makes sense; without it, for example, any merchant could use an American flag to hawk goods and services… Continue Reading
A Trademark Lesson from Famous Inventors
Posted in TrademarksEvery so often I come across a turn of phrase that just makes me smile. The online news magazine Slate did so with its slide show called “There Once Was a Man Named Leotard,” which is devoted to how certain people – generally well-known inventors – have names that have become nouns. This charming selection is culled… Continue Reading
Cupcakes Are So 2010…or Are They?
Posted in Law Suits, TrademarksOkay, I’ll admit it—I’m not a huge fan of cupcakes. Cake is one of those desserts that is often served (and consumed) for obligatory purposes; it is served at weddings and birthdays and other occasions to signify a celebration. The problem, in my humble opinion, is that you’re supposed to eat it. And let’s face it, the world… Continue Reading
Yet Another Trademark Lesson From Jersey Shore
Posted in TrademarksOne thing I love about trademark law is how extraordinarily easy it is to find useful examples of basic trademark lessons in real life – even in a television show that has been called “mind-numbing” and “absolutely ridiculous” and has spawned a Facebook page called “Jersey Shore is Stupid & A Waste of Time.” Yes,… Continue Reading
Intellectual Property for Cocktails?
Posted in TrademarksA recent post on the Freakonomics blog at the New York Times combined two of my favorite things in life – intellectual property and cocktails. “The Creative Cocktail” specifically discusses the creativity to be found in the new cocktail scene – including bars designed like prohibition-era speakeasies, farm-fresh ingredients, artisanal details in every drink, and fancy… Continue Reading
Yet Another Good Reason to Listen to Your Trademark Attorney
Posted in TrademarksTrademark attorneys often counsel their clients to file trademark applications with the broadest scope of goods and services possible (e.g., broad categories of goods without any trade channel limitations). The main reason for this is to provide clients with the broadest scope of trademark insulation on the registry. Filing for ELVISWARE for “tableware” rather than “glassware featuring… Continue Reading
Sorry, Plaintiff, You Might Not Recoup All of Your Damages
Posted in CopyrightsDo these designs look identical to you? They do to Urban Bratz. Urban Bratz, owner of a copyright registration for its design, filed suit in the Northern District of Illinois against Spencer Gifts claiming copyright and trademark infringement among other causes of action. You can read the complaint, filed August 24, here. Specifically, Urban Bratz… Continue Reading
Vampires vs. Zombies
Posted in TrademarksWhat is it with zombies these days? If recent memory serves correct, it wasn’t so long ago that a pop-culture junkie like me couldn’t mention the words “creature of the night” without some girl/tween/soccer mom swooning over the likes of one Edward Cullen, the romantic hero of Stephanie Meyer’s wildly popular Twilight series. You know who you… Continue Reading
Collar + Cuffs = Stripper?
Posted in TrademarksIf there is any trademark case this year that has the media clamoring to create cute headlines, it may just be this one – In re Chippendales USA, Inc., decided by the Federal Circuit just six days ago. “Federal Circuit Leaves Chippendales Nearly Naked,” said The American Lawyer, “Judge ‘strips’ Chippendales of bid to beef… Continue Reading
What Happens in Vegas…May Burn You
Posted in TrademarksCityCenter Land, LLC, a subsidiary of MGM-Mirage, owns nine trademark registrations for VDARA, the name of one of the newest resorts in Las Vegas. Vdara is an all-suite building, has a spa, a restaurant, no casino gaming, and is non-smoking. It even has a “death ray.” Local and national news outlets and architecture blogs have… Continue Reading
El Pollo Loco Goes Loco on Minnesota Restaurant Name
Posted in Mixed Bag of Nuts, Sight, TrademarksWhenever I return from a trip from California, I am always surprised at the number of people who ask whether I visited the palace of hamburgers known as In-N-Out. I’m not much of a burger fan, so my trips to that establishment are rare. I try, however, never to miss a trip to El Pollo… Continue Reading
Pitfalls in Naming the New
Posted in BrandingI am currently in my home state of California, a place known to some as “the land of fruits and nuts.” (Although, “the Left Coast” is my favorite of these playfully derisive names for California.) California is indeed the fruit basket of the United States, producing 51% of the nation’s fruit. And amongst the growing and… Continue Reading
File Under: You Learn a New Thing Every Day
Posted in Branding, TrademarksI come from a family in which knowledge of details, minutiae, trivia and other such trifles are well-prized. It is with this long-nurtured sense of curiosity that I therefore approach new factoids with relish. So imagine my surprise, when reading the delightfully geeky Wordplay blog (the crossword puzzle blog of the New York Times), to… Continue Reading
Blips, Bleeps, Churns and Chugs
Posted in SoundI have to give a shout out to my brother, Kevin, for finding and sending to me this wonderful bit of popular culture: Watching this, all I could think about was how many bits of the Super Mario Bros. Theme instantly evoke memories of playing this game as a kid. From the opening 7-note launch sequence,… Continue Reading
Seizing an Opportunity for Trademark Relief
Posted in CounterfeitsIn the vast majority of trademark infringement suits reported in the press, plaintiffs – whether they are trademark owners suing third parties for the unauthorized use of a mark or are third party users asking for a judge to declare that their use of a mark is lawful – generally seek injunctive relief. That is, plaintiffs… Continue Reading
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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...
Dan Kelly
You can call me a “non-traditional” attorney, which is a polite way of saying that I did not attend law school straight out of college. I spent five of my first six years after college as a junior high school teacher. The other year I worked as an engineer for a large corporation. More...
Sharon Armstrong
Voted most likely to become an actress while in pre-school, I don’t think I surprised anyone by becoming a lawyer, the steadiest professional gig open to those with a flair for the dramatic. 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...
Catlan McCurdy
Having long been told by my parents that I could do or be anything I wanted, I chose at the age of 10 to become an attorney, as it was the career that would most likely lead me to my goal of becoming the first woman POTUS.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...
Susan Perera
Born into the world with an aptitude for science and an affinity for art I found my career path quickly chosen for me. More...
Joy S. Newborg
When I took a personality/career test in high school to determine which path in life I should follow, I was told I should either be in broadcast journalism or law. So after I went to undergraduate school for broadcast journalism and film/television, I went on to obtain my law degree from the University of Minnesota. More...
Laura Gutierrez
An attorney I am not. Though told to become one, I don't possess those qualities needed to be an effective one (I lack confrontation skills, and although I can write a great argumentative essay, I can’t argue outside a sheet of paper). More...