When trademark owners are accused of bullying and shamed in public, a common and knee-jerk defensive response to justify the cease and desist letter or enforcement action is: "We have a legal duty and obligation to police and enforce our trademark rights." And, some might even go on to say: "If we don’t enforce our mark against this use,… Continue Reading
Tag Archives: Trademark Dilution
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
Do Not Wear a White Cowboy Hat, Boots & Underwear
Posted in Branding, Famous Marks, Law SuitsMany visitors traveling to Times Square since 2002 have caught a glimpse of the Naked Cowboy®, a/k/a Robert Burck. He sings and officiates weddings (charging $499 and up). He even ran for the Mayor of New York at one point (although he ended up withdrawing from the race). For those of you who have not travelled… Continue Reading
Tilting At Windmills and Counterfeit Trademark Designs?
Posted in Branding, Dilution, Famous Marks, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, TrademarksMy first oral argument, as a very young lawyer, involved a small discovery dispute in a trademark case, in which there were complaints about inadequate and deficient discovery responses. During the hearing, the U.S. Magistrate Judge who decided the motion said something to the effect that my client’s positions reminded him of tilting at windmills. Needless to… Continue Reading
Trademark Dilution: What About All “The Other Red Meat(s)”?
Posted in Dilution, Famous Marks, Food, Marketing, Search Engines, Trademarks, TTABLast month the Trademark Trial and Appeal Board (TTAB) refused registration of the slogan THE OTHER RED MEAT for "fresh and frozen salmon," not based on likelihood of confusion, but because it is likely to dilute the distinctive quality of the famous THE OTHER WHITE MEAT slogan of the National Pork Board and National Pork Producers Council. Stay tuned for… Continue Reading
Subscribe
Add this blog to your feeds or enter your email in the box below and hit GO to subscribe by email.
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...