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
Tag Archives: TMEP
Registration Symbol Misuse As Trademark Fraud?
Posted in Marketing, Trademarks, TTABTrademark 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 TrademarksA 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, TrademarksLast 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 of Casa Cuervo… Continue Reading
Emoticons as Trademarks
Posted in Branding, Marketing, Non-Traditional Trademarks, TrademarksLast week, I blogged about a federally-registered emoticon trademark, one that I discovered at 30,000 feet, here. Emoticons as trademarks? Does the idea make you want to roll your eyes like Saturday Night Live’s Kristen Wiig as Aunt Linda? Brace yourself, they appear inclined to stay, for at least a while! Two weeks ago I couldn’t have told you what an emoticon… Continue Reading
Trademark Specimens of Use: A “Necessarily Subjective” Standard
Posted in Advertising, Branding, Food, Marketing, Product Packaging, Trademarks, TTABJohn 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, TrademarksWhat 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
Branding Exclamations!
Posted in Advertising, Branding, Food, International, Marketing, Non-Traditional Trademarks, TrademarksCan you name the owner of this exclamation mark branding signal? You may be surprised to learn it is federally-registered in the U.S. as a stand-alone non-verbal trademark. You may be even more surprised to learn, it was federally-registered without a showing of secondary meaning or acquired distinctiveness, because it was viewed as an inherently distinctive… Continue Reading
Blue Oval, But Look Mom, No Words!
Posted in Branding, Marketing, Non-Traditional Trademarks, TrademarksWhat does this image signify to you? For full credit, please answer the question before peeking back at Dan’s popular post called "I See Blue Ovals."
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Duets Blog Authors
Steve Baird
Just so you know, I'm all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, "Who owns these brands" and "Did they really register those marks?" More...
Dan Kelly
You can call me a “non-traditional” attorney, which is a polite way of saying that I did not attend law school straight out of college. I spent five of my first six years after college as a junior high school teacher. The other year I worked as an engineer for a large corporation. More...
Sharon Armstrong
Voted most likely to become an actress while in pre-school, I don’t think I surprised anyone by becoming a lawyer, the steadiest professional gig open to those with a flair for the dramatic. More...
Brent Lorentz
Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. More...
Tiffany Blofield
Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else. More...
Brad Walz
My law career started on the ice…as a defensive hockey player (we’re not talking professionally…and if I were, I probably wouldn’t have gotten into law). More...
Susan Perera
Born into the world with an aptitude for science and an affinity for art I found my career path quickly chosen for me. More...
Joy S. Newborg
When I took a personality/career test in high school to determine which path in life I should follow, I was told I should either be in broadcast journalism or law. So after I went to undergraduate school for broadcast journalism and film/television, I went on to obtain my law degree from the University of Minnesota. More...
Laura Gutierrez
An attorney I am not. Though told to become one, I don't possess those qualities needed to be an effective one (I lack confrontation skills, and although I can write a great argumentative essay, I can’t argue outside a sheet of paper). More...