DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Steve Baird

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

Houston (College of Law) Has a Problem

Posted in Agreements, Articles, Branding, Civil Procedure, Goodwill, Infringement, International, Law Suits, Loss of Rights, Marketing, Trademark Bullying, Trademarks

A trademark problem, that is, as reported by the Texas Tribune on Friday of last week. Lest you be fooled by the above reference to Houston College of Law being established in 1923, the name has only been around since June of 2016. In fact, when South Texas College of Law rebranded to Houston College… Continue Reading

Lawsuit Involving IP Protection for a Lamp

Posted in Articles, Civil Procedure, Copyrights, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Sight, Trademarks

Last week a federal lawsuit was filed in Minnesota by Blu Dot to protect alleged intellectual property rights in the floor lamp shown on the left below. The accused “strikingly and confusingly similar” floor lamp shown on the right below is sold by Canadian Rove Concepts: So, what type of intellectual property do you suppose… Continue Reading

Supreme Court Benches Dan Snyder’s Team

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

Last week the U.S. Supreme Court agreed to hear Mr. Simon Tam’s arguments and review the Court of Appeals for the Federal Circuit’s majority decision striking as unconstitutional Lanham Act Section 2(a)’s bar against the federal registration of disparaging matter, so it will decide the following issue, once and for all: “Whether the disparagement provision… Continue Reading

How Would You Pronounce Infringement?

Posted in Advertising, Articles, Branding, Food, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts, Trademarks

Last week, we discussed Caribou Coffee’s billboard ad referencing transparency — this week another installment from Caribou’s current Minneapolis skyway billboard campaign: That one made me think of this one, a post from a few months back about Kind nutritional bars and their Ingredients You Can See And Pronounce tagline and trademark: Marketing types, if… Continue Reading

Owning a Cup of Trademark Transparency

Posted in Advertising, Articles, Branding, Food, Goodwill, Idea Protection, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks

Seeing this Caribou Coffee skyway billboard was a good reminder to me of how much we hear about the importance of transparency in our relationships, including those with brands we love: It appears that the prevalence of society’s use of the word “transparency” may be at an all time high, where the use of “transparent”… Continue Reading

Does a Commodity Ever Need to Apologize?

Posted in AlphaWatch, Articles, Branding, Genericide, Goodwill, Loss of Rights, Marketing, Mixed Bag of Nuts, Trademarks

On this welcome Labor Day, a few different thoughts converged for me, so please allow me to answer my own question in the title of this post, starting by explaining the below photo: After repeated diversions from a particular moving stairway a/k/a escalator to the far less convenient elevators in an unnamed downtown Minneapolis office… Continue Reading

Timber! Will the Little Trees Car Freshener Configuration Trademark be Chopped Down?

Posted in Articles, Branding, Dilution, Fair Use, Famous Marks, First Amendment, Genericide, Infringement, Law Suits, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Trademark Bullying, Trademarks

We wrote about the above trademark warning ad a few years back, and the claimed trademark owner likely recognizing vulnerability as to validity: “The idea generally is, let’s show and create a record that we are educating the public about our trademark rights and hopefully deterring misuses that otherwise might find their way into the public… Continue Reading

Worthwhile Uncomfortable Conversations

Posted in Agreements, Articles, Branding, Contracts, Copyrights, Law Suits, Marketing, Trademarks

Seth Godin wrote this past weekend about joint ownership of creations: “Before you create intellectual property (a book, a song, a patent, the words on a website, a design) with someone else, agree in writing about who owns what, who can exploit it, what happens to the earnings, who can control its destiny.” We couldn’t… Continue Reading

Can Starbucks Tolerate Cannabis Parody?

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Fashion, FDA Approval, First Amendment, Food, Infringement, Law Suits, Marketing, Trademarks

A couple of weeks back, I captured this image from a t-shirt for sale in Starbucks’ backyard — at a shop in the Pike Place Market area of Seattle: One of the things it brought to mind for me is the dozen year long trademark dilution case that Starbucks lost, over and over, a few… Continue Reading