DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Susan Perera

Farewell Friends

Posted in Mixed Bag of Nuts

–Susan Perera, Attorney As the year draws to an end, so does my time here at DuetsBlog.  After almost 3 years of blogging and working as an attorney at Winthrop & Weinstine, I have decided to transition to an in-house trademark opportunity. While I am excited to take on this great new adventure, I am… Continue Reading

Have a Wonkaful Halloween

Posted in Advertising, Branding, Food

 –Susan Perera, Attorney It’s hard to believe, but it’s just two weeks away from the parade of pumpkins, witches, and skeletons outside your doorstep.  In anticipation of the upcoming candy-filled holiday, I decided to look into a lingering trademark question – what came first, the Willy Wonka candy company or Willy Wonka & the Chocolate… Continue Reading

B-Dubs’ Yellow Protected

Posted in Agreements, Food, Infringement, Law Suits, Non-Traditional Trademarks

–Susan Perera, Attorney Last week Jim Hammerand at the Minneapolis/St. Paul Business Journal reported on locally based Buffalo Wild Wings (also known as “B-Dubs”) ending its lawsuit against Buffalo Wings & Rings, the suit had included claims of trademark and trade dress infringement. It appears that under the terms of the settlement agreement, Buffalo Wings… Continue Reading

3D Printing Concerns

Posted in Infringement, Non-Traditional Trademarks, Patents, Product Configurations

–Susan Perera, Attorney The tech industry has opined on the conflict between 3D printing and intellectual property for a few years, and the debate may be heating up. 3D printers allow a user to create and “print” a 3-dimensional object through the use of a digital file and a “printer” that dispenses material in successive… Continue Reading

Tweet Fight

Posted in Law Suits

–Susan Perera, Attorney Most of us are fairly familiar with the use of Twitter.  Like Facebook, this social networking giant has inserted itself into our lives, it is almost difficult to find a business that is not active on Facebook, Twitter, or both.   You can even follow us on Twitter at @duetsblog and @susanperera (no… Continue Reading

Donuts Now in HD!!

Posted in Advertising

–Susan Perera, Attorney   While passing through the bakery at our local grocery store I noticed this sign for HD Donuts. Donuts in high definition you ask? Nope, they’re just highly delicious. Does it seem like every brand owner is trying to take advantage of the HD hype these days? Even those brands that have nothing to… Continue Reading

Industry Color Clusters

Posted in Branding

–Susan Perera, Attorney I recently read Nora Reed’s blog post, Locate your Brand on the Color Spectrum, on Logoblog. Nora identified a trend, which you may have noticed from time to time, that some industries tend to congregate in a specific color scheme. For example, fast food logos tend to be in the red/yellow category, while… Continue Reading

Duck Duct Debate

Posted in Branding

–Susan Perera, Attorney Every once in awhile I run across a product and find myself wondering… why did they name it this?  I recently ran across the Duck Tape brand shown below.  My first reaction was “duck” is a commonly misused term to identify what should be called “duct” tape, and this brand owner interestingly… Continue Reading

That Purple Cereal

Posted in Advertising, Branding, Fair Use, Food, Infringement, Marketing, Product Packaging, Sight

–Susan Perera, Attorney As you likely know, many of the Duets Blog bloggers were involved in a full day trademark CLE last week. One of the sessions focused on the issues facing private label brands and the line between identifying your competitor by using similar packaging and infringing on their trademark or trade dress. Along those… Continue Reading

Spot that Spout

Posted in Product Configurations

–Susan Perera, Attorney It was time for a new kitchen faucet at our house and after opening the box of our new Delta faucet we noticed this image on the side panel of the box. The registration for this kitchen faucet product configuration mark (shown farthest to the right on the box) can be seen… Continue Reading

Levi Pockets a Favorable Court of Appeals Decision

Posted in Dilution, Law Suits, Trademark Bullying

–Susan Perera, Attorney Dusting off the archives, you may remember a 2009 blog post by Tiffany about a trademark infringement lawsuit initiated by Levi Strauss against Abercrombie & Fitch over the back pocket design on the respective parties’ jeans. In that case the jury determined that the pocket designs, shown below, were not confusingly similar;… Continue Reading

Is your Cell Phone Service Deceptively Misdescriptive?

Posted in Advertising, Marketing

–Susan Perera, Attorney There seems to be few industries with such fiercely combative advertising as wireless phone service providers. Reminiscent of the cell phone map advertisement war in 2009, 4G advertising is certainly on its way to the same level of tension.  Sprint, Verizon, T-Mobile, and AT&T have all rolled out 4G advertising in the last year,… Continue Reading

More on Exposing Two-Face Brands

Posted in Branding, Marketing, Trademarks, Truncation

This past summer, as you may recall, I wrote a DuetsBlog post entitled Exposing Two-Face Brands. Susan Perera helped me expand this post to be featured in the January issue of Minnesota Business Magazine. The online version of the expanded article can be found here. Enjoy and please share your thoughts and perspectives.

Serving Lawsuits With Your Morning Orange Juice

Posted in Infringement, Law Suits

–Susan Perera, Attorney Do these containers seem similar to you? Confusingly similar? That is what Coca-Cola, owner of Simply Orange, is claiming.  In a recently filed trade dress and patent infringement suit Coca-Cola claims that its Simply Orange container is nonfunctional, contains a patented closure lid, and the new Trop50 packaging is likely to deceive and… Continue Reading

Provocative Uniforms, Protectable Trade Dress?

Posted in Law Suits

–Susan Perera, Attorney Move over Collar and Cuffs, a new trade dress suit has hit the Texas courts and it is set to rival the Chippendale headlines from earlier this fall. The Texas restaurant, Twin Peaks, recently filed suit against the owner of a new Arkansas restaurant called Northern Exposure. (If you haven’t caught onto the innuendos… Continue Reading

The Fair Use Defense to Nowhere

Posted in Fair Use

–Susan Perera, Attorney Last Wednesday I wrote about the parody fair use defense to trademark infringement in connection with the Facebook v. Lamebook lawsuits.  Since then another party has asserted the fair use defense, this time in regards to copyright infringement. Last week the on-line news source, Gawker, published images of more than 20 pages… Continue Reading

Facebook Needs Dislike Option for Lamebook

Posted in First Amendment, Infringement, Law Suits, Social Networking

–Susan Perera, Attorney Like most 20-somethings who went to college during the rise of this social media monster, I am quite familiar with Facebook. However, I wasn’t aware of the website Lamebook until the current legal dispute began. Lamebook, a self-proclaimed, “humor blog” was designed to allow people to share the most “ridiculous” things posted on Facebook. The… Continue Reading

Color Marks & One Company’s Long Haul to Color Mark Protection

Posted in Famous Marks, Non-Traditional Trademarks

–Susan Perera, Attorney I was surprised to see the six registrations pictured above for color marks come out of the USPTO this month.   And I bet that most of you can identify the owner of these marks without even checking the registrations. (If you must, registrations: here, here, here, here, here, here, and here.) Although… Continue Reading

A Monster Mash of Halloween Store Marks

Posted in Advertising, Branding, Dilution, Marketing

–Susan Perera, Attorney It’s that time of year again, when retail stores featuring ghosts, goblins, and all things spooky begin to appear. This year multiple parties went trick or treating at the USPTO to register their trademarks for Halloween retail store services, and apparently they weren’t all reading Steve’s post from earlier this year regarding party… Continue Reading

Unauthorized Use Double Whammy?

Posted in Infringement

–Susan Perera, Attorney Always on the look out for interesting shopping finds, my husband snapped these photos of a product at a local Lands End store last week.  I couldn’t find the backpack on their website to get any further information about it but I do find this use of BMW pretty interesting. We often… Continue Reading