The ben of today’s post is not one of the many celebrities having the name, a truncated version of any number of other product and service brands, such as Bengay, Ben & Jerry’s, Ben Franklin, Benihana, or even dear old Uncle Ben. Today we’re talking paint, and this paint brand has at least two things going on here:… Continue Reading
Tag Archives: Trademark Confusion
Aveda, Aveida
Posted in Advertising, Branding, Famous Marks, Guest Bloggers, Infringement, Marketing, Trademarks—Nancy Friedman, Chief Wordworker at Wordworking and author of Fritinancy Imagine my surprise—as a name developer, beauty-brand fan, and trademark aficionada—when I saw this sign in my Oakland, California, neighborhood back in March. It wasn’t the prospect of a new nail spa that piqued my interest; our local commercial strip already has dozens of mani-pedi… Continue Reading
Some Trademarks Die Hard, Some Are Just Numb
Posted in Branding, Dilution, Famous Marks, Infringement, Law Suits, Marketing, TrademarksLikelihood of confusion? Likelihood of dilution? Blurring? Tarnishment? All to the left? To closely examine Sears’ most recent trademark infringement and dilution law suit and complaint concerning the DIEHARD brand against the maker of DieHard Spray ("a numbing agent for male genitalia"), check out Sears, Roebuck & Co. v. Rockhard Laboratories, Inc., venued in the Northern District… Continue Reading
“Sit Down Michigan State,” A Collegiate Trade Dress Tale
Posted in Branding, TrademarksThat’s what I called out to this guy at the College World Series in Omaha last week, after "down in front," received no reaction. That’s right, "Sit Down Michigan State," obtained the desired result, but not without a somewhat funny look back. When he turned around I realized the funny look wasn’t simply a reaction to interrupting his… Continue Reading
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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...
Catlan McCurdy
Having long been told by my parents that I could do or be anything I wanted, I chose at the age of 10 to become an attorney, as it was the career that would most likely lead me to my goal of becoming the first woman POTUS.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...
Derek Allen
In hindsight, writing about creativity and the law may have always been in the cards for me. I began training for a career in litigation at an early age by finding ways to disagree with pretty much anyone about pretty much anything. In my longest-running “case,” I argued with my middle school math teacher, Mrs. Jabs, for the better part of four years over whether, even if I got the right answer, I had to show my work to get full credit. 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...