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Tag Archives: Steve Baird

Here’s to Calling the Kettle, Brand Too?

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks

The teapot read my post from last week and is not only calling the kettle black, but brand too: So, we’ll have to see whether saying it’s so makes it so, after we stir the pot a bit, of course. Like the previous Virginia Brand ham example, the chip packaging above prominently incorporates the word… Continue Reading

When is a Duck a Goose, or a Ham a Brand?

Posted in Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks, USPTO

Every once in a while, the word “brand” appearing on product packaging surprises me, because my earlier understanding of the word preceding it spells generic, not brand. Just like the above. Shopping in Whole Foods this past weekend, the above shown VIRGINIA BRAND designation called out like a neon sign from behind the glass of… Continue Reading

Aaron Keller Explains the Physics of Brand

Posted in Articles, Branding, Marketing

We enjoyed connecting with our many friends at Fuse 2017 last week in Miami Beach, and experiencing the larger-than-life Martha Stewart and the living display of her fearless brand. One of the many Fuse highlights was experiencing Aaron Keller explain the Physics of Brand, Capsule’s third book — this one Aaron Keller co-authored with Renee… Continue Reading

April Thanksgiving for Ron’s March Accolades

Posted in Articles, Branding, Famous Marks, Mixed Bag of Nuts, Technology, Trademarks

Imagine my surprise as I was scanning some recent posts from some of the leading IP blogs — multitasking while watching the Zags beat South Carolina on Saturday evening — to find my brand name in the title of Ron Coleman’s recent post on his famous Likelihood of Confusion blog: “Steve Baird makes trademark blogging… Continue Reading

April Madness, the NCAA’s One Month Buffer?

Posted in Articles, Branding, Dilution, Famous Marks, Infringement, Law Suits, Marketing, Trademarks

We write a lot here about the scope and strength of trademark rights and how that determination is often intertwined to making intelligent likelihood of confusion determinations. Does “April Madness” fall within the NCAA’s scope of trademark rights for “March Madness“? Likelihood of confusion? Is “March Madness” a famous mark deserving protection from dilution? How… Continue Reading

Stripe Three, Adidas Called a Trademark Bully

Posted in Agreements, Articles, Branding, Infringement, Law Suits, Non-Traditional Trademarks, Sight, Trademark Bullying, Trademarks

Trademark bullying allegations are in the news again. Not only is Forever 21 calling Adidas a trademark bully for asserting rights in the three stripe design mark, it is asking a federal court to say it has not done anything wrong and award it fees: “Tired of operating with a cloud over its head with… Continue Reading

McCarthy Institute Trademark Seminar 2017

Posted in Advertising, Articles, Branding, Copyrights, Dilution, Famous Marks, First Amendment, Marketing, Trademarks, TTAB, USPTO

One of the current challenges in trademark law addressed in Seattle last week at the Amazon Corporate Conference Center, host of the 2017 McCarthy Institute and Microsoft Corporation Symposium, is an issue we have discussed quite a bit here, namely Trademark Disparagement and the First Amendment. The panel to discuss this weighty topic included the… Continue Reading

Wawa Not Gaga Over Dawa?

Posted in Almost Advice, Branding, Contracts, Dilution, Fair Use, Famous Marks, Food, Genericide, Idea Protection, Infringement, Law Suits, Look-For Ads, Marketing, Technology, Television, Trademark Bullying, Trademarks

Earlier this month, Wawa, an East Coast convenience store chain, demonstrated it is not gaga over a single location food mart (copy of complaint linked here), called Dawa: As Dawa has vowed to defend its name, will this case come down to a battle over the meanings of the marks? Do consumers really know and… Continue Reading

NASCAR Brand Gasoline at a Pump Near You?

Posted in Advertising, Articles, Branding, Contracts, Marketing, Non-Traditional Trademarks, Sight, Smell, Taste, Trademarks, USPTO

With the Strafford Publications webinar later today discussing the Lanham Trademark Act’s “Use in Commerce” requirement, with some of my favorite panelists no less, the topic has been on my mind, even when pumping gas into my rental car in Houston, Texas, this past weekend: So, what do folks think, does this photograph of a… Continue Reading

Your Favorite App-Based Ride Service?

Posted in Advertising, Articles, Branding, Loss of Rights, Marketing, Technology, Trademarks, USPTO

Before you answer the question posed in the title of this post, your initial question might be: What is an App-Based Ride Service? The Minneapolis St. Paul International Airport is using a handy sign directing passengers on where to go to access their favorite one, does that help? I’m thinking the designated area in the… Continue Reading

What’s a Peppadew?

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks, USPTO

We recently checked out a new restaurant in Minneapolis’ growing North Loop area, called Red Rabbit, what a great spot:   The menu cleverly refers to the salad options as “Rabbit Food” — and the Italian Chopped salad spoke to me, but one of the listed “ingredients” left me wondering “what’s a peppadew”? Not wanting… Continue Reading

When Less is More

Posted in Advertising, AlphaWatch, Articles, Branding, Food, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Trademarks, Truncation

Love the simplicity and honesty of this sign, captured on vacation, in a cozy crepe spot (had to get out of my chair and walk across the dining room to read the smaller print, well worth the steps): As Seth recently noted, there can be room for improvement when it comes to making signs (we… Continue Reading

A Trademark Use in Commerce Story: Bonobos Buzz and a Two for One Specimen?

Posted in Advertising, Articles, Branding, Fashion, Marketing, Sight, Trademarks, USPTO

There are at least two kinds of buzz converging at the moment (perhaps three), especially for fashion forward and fit oriented trademark types here in Minneapolis. On the one hand, with the holidays upon us it’s hard to avoid the barrage of billboard ads in the Minneapolis skyway promoting the first brick and mortar entry… Continue Reading

Who’s Watching (What) You Create?

Posted in Mixed Bag of Nuts

This past weekend, with what appears to be our first lasting snowfall, I enjoyed following my daughter around the chilly alleys of downtown Minneapolis while she created for her photography class. As you can see from the moment I captured, she inspired me to create a bit too. Thankfully I’m not being graded for my… Continue Reading

Chartreuse Color Trademark on the Loose

Posted in Advertising, Articles, Branding, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Sight, Trademarks, USPTO

We’ve written a lot about single color trademarks here over the years. Weems, the owner of the Flexilla brand has unleashed its federally-registered chartreuse-colored non-traditional trademark for “compressed air hoses” against Plews for selling air hoses with a “bright florescent green color” — a color that Plews claims online “reduces chances of tripping while on… Continue Reading

Just Wait Until the USPTO Lays Its Hands on These Single and Dual Color TM Applications

Posted in Articles, Branding, FDA Approval, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Sight, Trademarks, USPTO

              Back in 2009, we wrote about what was then Kimberly Clark’s pair of single color purple trademark registrations in connection with “gloves for medical and surgical uses” and “disposable nitrile gloves for general use,” now owned by Avent and sold under the HALYARD brand: Those registrations are still… Continue Reading

Who’s the PATRÓN Anyway?

Posted in Articles, Branding, Famous Marks, Food, Infringement, Marketing, Trademarks, USPTO

PATRÓN (meaning “boss” or “landlord” in Spanish) is a pretty famous brand name of tequila (federally-registered since 1993), and don’t forget this gem from the archives: In my experience, PATRÓN is often requested by name when ordering margaritas, so when visiting this cozy spot, I instantly wondered about the need for permission or a license: Especially… Continue Reading

The v. Any

Posted in Articles, Branding, Marketing, Mixed Bag of Nuts

When it is clear that you need to take responsibility for an obvious inconvenience, it is far better to own “the” inconvenience than apologize for “any” inconvenience, bravo RBC Plaza: As legal types know full well, “any” leaves a wide open possibility of there actually being “none” — after all, “zero” is still a number…. Continue Reading