DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Supplemental Registration

Are pretzel crisps crumbling into genericness?

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

Marketing types and legal types who review labels, be well advised to choose words used carefully. In other words, if you believe you own rights in Pretzel Crisps as a trademark, it’s not wise to use the number of so-called “Crisps” as the serving size, especially with no trademark notice symbol. Frito-Lay’s successful 2014 generic… 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

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

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

The World’s Healthiest Trademark Puffery

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

Above the Law recently published a Techdirt story reporting that the USPTO denied Whole Foods‘ attempt to federally-register the laudatory trademark: “World’s Healthiest Grocery Store“. The Techdirt story incorrectly seems to suggest that the global nature of the phrase is what caused the application to be refused, since Whole Foods has not yet achieved a… Continue Reading

Single Color Trademark Developments

Posted in Articles, Branding, Law Suits, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks, TTAB, USPTO

Over the past five years, we have spilled a lot of black digital ink discussing trademark ownership of single colors. Color continues to be an important aspect of branding and differentiation in a variety of markets, including many you’d expect, and some you might not. Christian Louboutin’s red color trademark helps to illustrate the importance of single color… Continue Reading

Handcrafted Intellectual Property in 2014

Posted in Articles, Branding, Food, Marketing, Trademarks

What best describes your work? Inexpensive? Cost effective? Robotic? Low budget? High volume? Or, do you deliver excellence — unique, distinctive, valuable, sculpted, tailored, and handmade  solutions with your wealth of professional skill and expertise? If your main focus is on delivering the lowest possible cost, you best be selling a commodity. Creating and protecting valuable intellectual property… Continue Reading

Will Tire Tread Trademarks Gain Traction?

Posted in Advertising, Articles, Branding, Look-For Ads, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Sight, Technology, Television, Trademarks, USPTO

Here is to sharing a photo I took using my iPad on a recent Canadian fishing trip, and yes, there is a trademark story here to share as well, not just a beautiful sunset positioned behind this ATV tire. In my purchase of automobile tires over the years, one of the key selling points has been traction — especially with… Continue Reading

Bordering on Logos (Again)

Posted in Advertising, Branding, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Technology, Trademarks

By now, you must know, I’m a sucker for billboard ads. I really love to notice, study, comment on, and critique them, especially when there is an opportunity for some trademark storytelling. This one for the Hampton Inn & Suites brand does not disappoint. It appears that an IP holding company for Hilton, HLT Domestic… Continue Reading

Rolling Out the Red Carpet — More On Branding Athletic Turf & Trademarks

Posted in Advertising, Branding, Marketing, Non-Traditional Trademarks, Sight, Trademarks

In December, you may recall, I blogged about Boise State’s federal registration of the color blue as applied to athletic field turf, known to many as Smurf Turf. At the time, I wondered out loud whether Boise State’s success in the U.S. Trademark Office might lead others to follow along this trademark path? Hat tip again to Brad… Continue Reading

Holiday Inn Puts Dimmer on Non-Traditional Lighting Trademarks

Posted in Branding, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks

A couple of months ago there was quite a buzz about Holiday Inn’s projected $4 million annual savings by moving to a leaner and greener direction with their adoption of LED lighting on exterior signage.  As you may recall, back in June we blogged about Holiday Inn’s interesting effort to federally register a pair of non-traditional lighting trademarks, one employing a green-colored… Continue Reading