"Just because you can," is rarely a good reason to support a decision that really matters. This principle is no less true in the trademark world than it is elsewhere. So, relying on your own navigation of the U.S. Patent and Trademark Office’s (USPTO) online search database without also seeking a trademark attorney’s competent analysis of the… Continue Reading
Tag Archives: Trademark Opposition
When the Color Black Functions, But Not as a Trademark
Posted in Advertising, Branding, Law Suits, Marketing, Non-Traditional Trademarks, Trademarks, TTABNow that kids are back to school and summer is coming to a close, this billboard advertisement has disappeared from I-94 just outside of downtown Minneapolis. Before it vanished from the roadside, however, I thought to capture it to tell a little trademark tale here, one from years past, but one that remains relevant, important, and applicable to trademark claims involving the color black. As… Continue Reading
A Famous Trademark That Casts a Very Long Shadow
Posted in Branding, Famous Marks, Law Suits, Marketing, TrademarksThis is the epitome of a famous non-verbal logo and trademark that truly can stand alone (we have discussed others too): Hat tip to John Welch over at the TTABlog who did a very nice write up on this interesting decision: Apple, Inc. v. Echospin, LLC. Basically, the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office… Continue Reading
Texas Toasted? How to Slice the Trademark Spectrum of Distinctiveness
Posted in Branding, Fair Use, Food, Infringement, Law Suits, Marketing, Trademarksv. Texas Toast is the generic name for a type of bread, you know, the big thick double-cut slices. Anyone can call their bread Texas Toast if that is what they are selling, and, by the way, it doesn’t have to be toasted for the name to fit. But, what if you’re selling a product made from bread, say, croutons?… Continue Reading
Question Mark Brands?
Posted in AlphaWatch, Branding, Famous Marks, Food, Law Suits, Marketing, Non-Traditional Trademarks, Trademarks, TTABA couple of months ago I blogged about Branding Exclamations! Before that I blogged about Increasingly Intense Ellipsis Branding . . . . Now, it appears I must revisit the subject of punctuation mark branding given Cadbury Adams’ new Mega Mystery Stride brand gum, prominently featuring a question mark logo on the packaging where the S logo normally appears. The… Continue Reading
Like Sands Through the Hourglass…
Posted in Trademarks, TTABThinking about filing a trademark opposition against a competitor’s pending trademark application? Thinking about filing a civil suit against a competitor’s corresponding trademark use? Often, upon the filing of a civil trademark suit and a request to the Trademark Trial and Appeal Board (“TTAB”), the TTAB will suspend the opposition pending the disposition of the civil suit. Generally,… Continue Reading
Lightning Strikes How Many Times?
Posted in Branding, Sight, TrademarksI have heard that lightning only strikes once in the same place, but apparently that is only a myth. Indeed, the number of lightning bolt logos that have "hit" the mail room, over the years, at the U.S. Trademark Office appear to provide additional evidence for disproving the popular myth. So, what does that say, if anything, about the… Continue Reading
Battle of the Nerds? Best Buy’s Geek Squad¬Æ on Trademark Patrol
Posted in Advertising, Branding, Domain Names, Infringement, Law Suits, Marketing, TrademarksBest Buy, owner of the Geek Squad brand since 2002, has filed a federal trademark infringement complaint in Minnesota against a pair of individual defendants apparently located in Missouri and California, for allegedly registering and using <thegeekpatrol.biz> domain and the names "Geek Patrol," "Geek Squad," and "Geek Squad Patrol". Here is a copy of the Complaint, including Exhibit A (Trademark registrations), Exhibit… 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...
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...