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Tag Archives: Steve Baird

I’m Saying, I’m Down with the I’MN Slogan

Posted in Advertising, Articles, Branding, Marketing, Trademarks

Love the new Minnesota State Lottery advertising slogan: I’MN. Or, as one of my college age sons often says, when he’s in agreement with someone’s idea or proposal, I’m down. The lottery slogan cleverly plays off the affirmative and adoptive slang phrase “I’m in” (i.e., “Count me in”) — it also plays off the MN… Continue Reading

Joust Do It? A New Form of Nike Battle Cry?

Posted in Advertising, Articles, Branding, Famous Marks, Marketing, Trademarks, TTAB, USPTO

By now, you’re familiar with my enjoyment in capturing and sharing new billboard signage that hits the streets of the Twin Cities. Question, what tagline might have inspired this one? Was the Minnesota Renaissance Festival inspired by Nike’s famous “Just Do It” tagline? Almost four years ago now, we noted — in this gem from… Continue Reading

3:16 as a Trademark?

Posted in Articles, Branding, Fashion, First Amendment, Marketing, Mixed Bag of Nuts, Television, Trademarks, Truncation

Over the weekend, IPBiz reported that WWE (World Wrestling Entertainment) has filed an application to register 3:16 as a trademark for clothing items. A Google search confirms that 3:16 has religious significance as it is a common truncation that signifies one of the most widely quoted verses from the Bible, namely, John 3:16. Despite other… Continue Reading

Federal Trademark Registration, the First Amendment, and Freedom of Speech: Part I

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

Looking forward to sharing the podium with Joel MacMull of the Archer firm (counsel for Simon Tam, where our friend Ron Coleman is a partner) to discuss “Trademark Registration and the First Amendment,” on September 28th at the Midwest IP Institute in Minneapolis. As a drum roll leading up to that discussion, and since there… Continue Reading

It’s as Suggestive as a Butter Knife for Steak

Posted in Advertising, Articles, Branding, Food, Marketing, Trademarks, USPTO

We’ve written quite a bit over the years about the Spectrum of Distinctiveness for trademarks, and the all-important difference between suggestive marks and merely descriptive ones, with only the former being allowed immediate rights based on first use. Creativity is what separates the power of suggestion from the weakness and limbo of descriptiveness. Remember the floating feather… Continue Reading

The Brand With 3 Stripes, Bands, or Stitches?

Posted in Articles, Branding, Famous Marks, Fashion, Infringement, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks, USPTO

We’ve written a lot over the years about Adidas’ three-stripe non-verbal, non-traditional trademark. Turns out, Adidas actually owns a federally-registered trademark for the verbal, spelled-out, look-for advertising equivalent too, called: The Brand With The 3 Stripes®. We haven’t until now probed the meaning of “stripe” though: “A long narrow band or strip, typically of the… Continue Reading

Nominative Fair Use of Ride-Share Logos?

Posted in Advertising, Articles, Branding, Fair Use, Infringement, Marketing, Social Media, Trademarks

Earlier this year, we contemplated a suitable, accurate, and efficient generic name for the service category created by the highly-disruptive Uber brand: App-Based Ride Service. A visit to Chicago this past weekend, left me thinking that Ride-Share Service or Ride Sharing are suitable alternatives, that appear to be gaining some traction, as seen here: The… Continue Reading

Rapala’s Public Service Announcement?

Posted in Advertising, Articles, Branding, Marketing, Social Media, Social Networking, Trademarks

Sorry for my delay in reporting Rapala’s annual billboard campaign, which began about a month ago, right around the fishing opener, more on my delay later. As you can see, it reads more like a tongue-in-cheek public service announcement than past billboards, playing on the serious problem of texting while driving. Anglers probably handle their… Continue Reading

Acceptable Identification of Goods/Services

Posted in Advertising, Articles, Branding, Food, Genericide, Marketing, Trademarks, USPTO

Beef jerky is one of my favorite snacks, so while strolling through the Minneapolis skyway, I captured the above floor-to-ceiling advertisement to tell another trademark story. It’s been a while since we’ve written about the importance of brand owners not only thinking hard about their brand names, but also devoting thought and care to the… Continue Reading

The Careful Timing of Trademark Truncation

Posted in Articles, Branding, Loss of Rights, Marketing, Product Packaging, Trademarks, Truncation

A recent stroll through a big box store opened my eyes to a brand of steel toe boots I hadn’t encountered before, take a look at the CAT that will be protecting my son’s toes this Summer: CAT is an excellent example of successful trademark truncation, a single-syllable truncated brand name for the four-syllable CATERPILLAR… Continue Reading

All for Saving the Original Minnesota State Fair Curds, Say Aye, Better Yet . . . #s and @s

Posted in Advertising, Agreements, Articles, Branding, Contracts, Food, Marketing, Social Media, Trademarks

When Aaron Keller of Capsule deeply cares about an issue (in a deeply fried kind of way), it’s hard not to stand up, pay attention, and follow instructions, especially when his picture of golden little nuggetized cheese curds are involved and the Minnesota State Fair is at stake. As you might have discerned over the… Continue Reading

Chartreuse Color Trademark Still on the Loose

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

Back in December we wrote about a trademark infringement case (Weems v. Plews) involving claimed exclusive rights in the color chartreuse as applied to various kinds of hoses. Since then, Plews has been busy trying to short circuit the case and have the unregistered (common law) trademark infringement claims dismissed, contending Weems did not adequately… Continue Reading

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