My daughter’s strong interest in fashion, arts, crafts, and sewing has me wandering the aisles of places like Joann Fabrics and Michaels with increasing frequency. Since my primary contribution to these adventures is in the to-and-from, and, I suppose, at the check-out counter, I find myself with eyes wide open, being exposed to a variety of brands very new… Continue Reading
Tag Archives: Trademark Notice
Going Nuts Over the Proper Use of Trademark & Copyright Notice Symbols?
Posted in Advertising, Branding, Copyrights, Marketing, Mixed Bag of Nuts, TrademarksIt was too hard for me to avoid snapping this quick photo while grabbing a tasty bag of cheese corn from the “Nuts on Clark” vendor (to better enjoy waiting for a flight out of Chicago’s O’Hare airport recently), and I trust you see what caught my eye (in the lower right corner of their signage). It seems… Continue Reading
lower case brands, wall of fame or shame?
Posted in Advertising, Branding, Famous Marks, Marketing, TrademarksAs promised, some time ago, here is an enormous wall sign from one of the many hallways connected to one of the many shopping areas at The Shoppes at the Palazzo in Las Vegas, showing all these retail brands in simple lower case style. No trademark notice or registration symbols either. . . . Do you suppose the entity responsible… Continue Reading
Actual Notice and Imputed Knowledge
Posted in Almost Advice, Infringement, TrademarksMy son snapped this photo during a recent family trip to Washington, D.C. It almost has become a hobby for him to capture people in the act of ignoring a sign’s specific request or doing exactly what a sign purports to forbid. While some retreated from the water in the World War II Memorial when they… Continue Reading
What Serious Trademark Owners Do
Posted in Trademark Bullying, TrademarksThere are many things that serious trademark owners do throughout the lifecycle of a trademark to mitigate risk, protect the valuable goodwill in their underlying brand, and preserve their valuable investment in this important intellectual property asset. Here is a fairly extensive, but certainly not exhaustive, and often forgotten, list of those things: Clear new marks before using them… Continue Reading
Snickers Cross-Section Trademark Notice
Posted in Advertising, Branding, Famous Marks, Food, Marketing, Non-Traditional Trademarks, Sight, TrademarksYou may recall about a year ago I did a post entitled "Delicious Trademarks: Candy Bar Cross-Section Trademarks?" I was reminded of this a couple of weeks ago when I snapped this photo, capturing what I believe to be the same point of sale display that inspired my original post: A couple of months ago I saw in a convenience store a large Snickers… Continue Reading
IP Grammar . . . and Those Who Cringe About It
Posted in Mixed Bag of NutsLast September, in my blog post entitled "What Does Trademarked Mean to You?," I wrote: More than a few trademark types cringe when their clients or others say things like "let’s trademark it," "they didn’t trademark their logo," or "we don’t want to trademark this name," and, when they ask questions like "is it trademarked?"… Continue Reading
Why Marketers Don’t Give Two Hoots about Trademark Concerns‚Ñ¢
Posted in Branding, Guest Bloggers, Marketing, Trademarksby James Mahoney, Creative director/writer at Razor’s Edge Communications Okay, so I’ve read a lot of whining and agita about how marketers continually drive trademark attorneys to distraction with un-trademarkable names. And how advertisers drive those same attorneys to that same distraction with potential trademark infringements. It’s time to let you in on a dirty… Continue Reading
Kleenex® Not Wanting to Blow It: Some Steps to Avoid Trademark Genericide
Posted in Advertising, Branding, Famous Marks, Genericide, Loss of Rights, Marketing, TrademarksThis sponsored banner ad is currently appearing in AdAge’s Daily News on-line newsletter: How many boxes of tissue do you suppose this ad is responsible for selling? If the answer is none, that is probably fine with Kimberly-Clark since the return on investment for this ad is measured quite differently, I’m sure, given how the frequently misused Kleenex®… Continue Reading
What Does “Trademarked” Mean to You?
Posted in Marketing, TrademarksMore than a few trademark types cringe when their clients or others say things like "let’s trademark it," "they didn’t trademark their logo," or "we don’t want to trademark this name," and, when they ask questions like "is it trademarked?" or "is that trademarked software?" or "did we ever trademark our logo?" or "should we… Continue Reading
Percolating over Trademark Enforcement
Posted in Almost Advice, Food, Infringement, TrademarksRecently, I stopped in a neighborhood coffee shop for an iced coffee. It was a fabulous little coffee shop in a neighborhood I don’t frequent and whose name I won’t mention. Anyway, while perusing the menu, I noticed they offered a blended coffee drink under the name Frappuccino. Noting the teenager behind the counter, I did not… Continue Reading
Rapala’s “More Hits Than Google” Billboard Update (Photo Included)
Posted in Mixed Bag of NutsFinally, here is a photo of Rapala’s "More Hits Than Google" billboard ad discussed previously in my Monday post entitled: "Rapala Fishing Lures: More Hits Than Google? Or, More Cats Than You Can Shake a Stick At? " Sorry for the delay folks. Anyone notice the exceedingly small print located in the lower right corner… Continue Reading
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...
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...
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...
Martha Engel
Although my interest in gadgetry and my aptitude for math eventually led me to become an engineer, my ad executive father and artistically gifted mother fostered an appreciation for the creative from a young age. More...
Anjali Shankar
When I was in elementary and middle school, I loved writing short stories. Creativity and imagination seem to come naturally to people when they are young. More...
Timothy Sitzmann
I have always considered myself to be a creative person. Full disclosure: I'm not claiming that I've created anything good, merely that I have created things that exist.More...
Cathleen Dahl
Trademarks and I met through a small job advertisement in the back of a local newspaper, and little did I know that I would spend the next 18 years (and counting) deriving a living from their existence and importance. More...