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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

The Best DuetsBlog Post Ever

Posted in Advertising, False Advertising, USPTO

–Susan Perera, Attorney You see it quite often, phrases like “The Best Car in America” or “America’s Favorite Restaurant” used in advertising.  The Trademark Office does not consider the truth of these statements when considering an application for such a trademark  (which could possibly run afoul with false advertising); instead it focuses on the laudatory… Continue Reading

Luxury Products Go Logo-less?

Posted in Branding, Counterfeits, Famous Marks, Truncation

–Susan Perera, Attorney Over a year ago, Steve and I authored a piece in the Minnesota Business Journal discussing two-faced brands, these are brands that use both a formal trademark and a less formal, often truncated, trademark. Since then we have seen many brands move away from their historical trademark uses towards shorter truncated trademarks… Continue Reading

FDA Trademark Approval

Posted in Branding, FDA Approval

–Susan Perera, Attorney One aspect of trademark law that we haven’t discussed here at DuetsBlog is FDA approval of trademarks for pharmaceuticals.  While there are certainly many benefits to federal trademark protection (and we would recommend seeking federal registration as the best way to solidify the broadest rights in your mark) trademark owners can choose… 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

Cosmeceuticals – When Advertising Catches the FDA’s Eye

Posted in Advertising, False Advertising, Marketing

–Susan Perera, Attorney Last week on Marketplace on NPR, there was an interesting story regarding a FDA crackdown on the beauty industry, particularly on cosmetic companies who have begun to market their cosmetic products using drug-like claims.  (Marketplace audio provided below.) The FDA appears to be concerned about these “cosmeceuticals” which do more than just… 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

MOM’s New Look

Posted in Advertising, Branding, Food, Marketing

–Susan Perera, Attorney Just announced yesterday, Minneapolis based Malt-O-Meal has changed its name to MOM Brands. Malt-O-Meal which has been making cereal for almost a century, manufactures private label brands for a multitude of grocery retailers (as well as their own lines of hot and cold cereal and oatmeal) and today stands as one of… Continue Reading

Changing Your Brand Color: No More Golden Arches?

Posted in Advertising, Branding, Famous Marks, Food, International, Marketing, Non-Traditional Trademarks

–Susan Perera, Attorney Last year I had a running discussion on color trademarks.  I blogged about the issues surrounding the protection of a color as a non-traditional trademark, the impact of industries clustering around a particular color, and the concern that functionality may impede protection of a color trademark.  Need a refresher? Check here, here,… Continue Reading

Brands on Decline in 2012

Posted in Branding, Food

–Susan Perera, Attorney Predictions are in and multiple brands are expected to decline or disappear completely in 2012.  CoreBrand CEO, James Gregory (as reported by Jim Edwards), and 24/7 Wall Street have both released lists of brands they believe are on the chopping block for the coming year. The predictions attribute some of these brand… Continue Reading

Surname Perceptions

Posted in Branding

–Susan Perera, Attorney I find it very interesting how personal perception of a brand name can influence us and I sometimes wonder how much thought is given to brand names when they are chosen. Sure, large companies can, and often do, hire naming specialists who study and create names that will appeal to the masses, but… Continue Reading

Can you hear it?

Posted in Look-For Ads

–Susan Perera, Attorney Christmas came and went, and here in Minnesota it was a bit brown and depressing looking outside. If only it would snow… Sigh. However, if you listen carefully you might hear it… no, it’s not the reindeer, but maybe some “listen for” advertising? This holiday season I’ve seen a few too many Lexus… Continue Reading

The Verb-ing Continues

Posted in Television

–Susan Perera, Attorney On multiple occasions DuetsBloggers have discussed the risk of verb-ing your brand. While I won’t go into the legal and branding concerns which have been discussed at length, I do find it interesting how frequently these brand verb uses show up in current advertising. Clearly the marketing types aren’t cringing at the use of brands… Continue Reading

“Punch-Dub” Replaced with “High-Five”?

Posted in Television

–Susan Perera, Attorney Who doesn’t love a good commercial, because lets face it, there are plenty of sub-par ones out there.  And some brands have been more consistent in creating entertaining commercials than others. Maybe you’ve seen Volkswagen’s recently released “High-Five” commercial for the 2012 Beetle that contains some catchy music and is reminiscent of… Continue Reading

Seeing Green

Posted in Trademarks

–Susan Perera, Attorney Store shelves continue to turn green as an increasing number of products tout their sustainable nature through the use of green product packaging. The most recent issue of the ABA magazine, Landslide, is all about “green” with multiple articles discussing the impact of this phenomenon in the IP field. One of the articles,… Continue Reading

Doggone Trade Secret Issues

Posted in Mixed Bag of Nuts

 –Susan Perera, Attorney If you have a pup accustomed to gourmet dog treats from the Mall of America you might have an unhappy canine on your hands.  Megamall kiosk owner, Chewzy Dogs, has filed suit after its franchisor and maker of its dog treats abruptly ended its agreement to supply Chewzy Dogs with its trade… 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

When Silence is False

Posted in Law Suits

–Susan Perera, Attorney Most false advertising claims originate from an advertising statement.  (For example, see Dan’s post last week on Sam Adam’s bottle cap advertising).  However, a recent suit alleges false advertising  based on what wasn’t said. Yesterday, Terry Baynes at Thompson Reuters reported on an attorney who has filed suit against Chipotle for its… Continue Reading

Protecting Your Throwback Trademarks

Posted in Advertising

–Susan Perera, Attorney The revival of retro logos and packaging seems to be everywhere this year. You can hardly go into a store without seeing another product that is revisiting an old look.  I snapped this shot during a shopping trip over the weekend and I’m not the only one who’s noticing, you can see images of… Continue Reading