DuetsBlog Collaborations in Creativity & the Law

Tag Archives: TMEP

PSL® Season Is Upon Us

Posted in Advertising, Branding

Exult, lovers of autumn and decorative gourds – the air is crisp and the leaves are changing. And, in the treasured annual tradition, this week marked the release of Starbucks’ Pumpkin Spice Latte – or PSL® as they may prefer to call it. In the spirit of the season, I sought to see if any zealous… 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

Creative Acronyms Refused Sometimes…Or CARS

Posted in Advertising, Almost Advice, Branding, Marketing, Product Packaging, Trademarks, TTAB, USPTO

Today’s offices treat acronyms like linguistic yoga (TOTALLY). ICYMI, they’re popular also in texts, tweets, and other “thumb-talking” activities.  LOL.  SMH. Legislators are having fun with them lately too, for example the Personal Rights in Names Can Endure Act (PRINCE Act),  the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism… Continue Reading

A Horse-Drawn Trademark Collision Ahead?

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

Little did I know that my temporary holiday-season addiction to the QuizUp Logos game would giddyup another blog post regarding non-verbal logo similarity. The pair of logos above identify, distinguish, and indicate the source of two famous luxury brands, can you name them correctly? Fashionista noted the similarity some time ago, here. Despite the clear… Continue Reading

TryMe? Trademark or Informational Matter?

Posted in Branding, Fair Use, Food, Guest Bloggers, Loss of Rights, Marketing, Trademarks, TTAB

  I’d venture to say that virtually every product sitting on a store shelf is crying out "try me" — some more colorfully than others, some more subtly than others, some more creatively than others, some more persuasively than others. However, most don’t just some out and say the words. Assuming that to be the case, is… Continue Reading

Registration Symbol Misuse As Trademark Fraud?

Posted in Marketing, Trademarks, TTAB

Trademark types frequently encounter brand owners and managers with substantial misunderstanding and confusion about when use of the federal registration notice symbol is lawful. Most of the time a misuse or technical violation results from an honest mistake, but sometimes the misuse is, and starts out intentional, or perhaps the misuse begins to look intentional if it isn’t promptly… Continue Reading

Wanted: Experienced Trademark Attorney?

Posted in Trademarks

A couple of days ago, I promised to try and make the case for why the State of Minnesota ought to hire an experienced trademark attorney. OK, so I’m a day late, but you can decide if I’m a dollar short too. By the way, it was the federal trademark registration record for the below mark… Continue Reading

What is Maker’s Mark’s Mark?

Posted in Branding, Famous Marks, Product Packaging, Sight, Trademarks

–Sharon Armstrong, Attorney Last Friday, a federal court in Kentucky ruled that Fortune Brands, the maker of Maker’s Mark bourbon, enjoys exclusive rights in the dripping wax seal that adorns each bottle of the spirit. (You can read about the case in earlier stages in Dan’s post, here.). Fortune had sued Diageo, another beverage giant and maker… Continue Reading

Trademark Specimens of Use: A “Necessarily Subjective” Standard

Posted in Advertising, Branding, Food, Marketing, Product Packaging, Trademarks, TTAB

John Welch, over at the TTABlog, reported on a recent trademark specimen of use case (pdf here); one near and dear to my heart, since I represented the Applicant seeking to register the composite word-only mark DELI EXPRESS SAN LUIS for sweet rolls. At issue in the case was whether the product label specimen (appearing below) shows use of the… Continue Reading

More On The Fordless Blue Oval

Posted in Branding, Dilution, Famous Marks, Marketing, Non-Traditional Trademarks, Sight, Trademarks

What do you think, is Overstock.com selling bling with the Fordless blue oval logo? As you may recall from my post back in September, Ford Motor Company is attempting to register the below shown non-verbal logo as a trademark for a variety of goods in Int’l Class 12: And, as you may recall from Dan’s I See Blue Ovals post… Continue Reading