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Tag Archives: Trademark Priority

Inherently Distinctive Restaurant Interior?

Posted in Branding, Domain Names, Food, Marketing, Non-Traditional Trademarks, Sight, Trademarks

We recently focused our attention on a very unique-looking, dare I say distinctive, retail store exterior design; for a quick reminder, see here. The recent craze for self-serve frozen yogurt shops – where you pay by the ounce (or perhaps, by the pound), has us focused today on a pretty darn unique interior retail environment: This is… Continue Reading

What Serious Trademark Owners Do

Posted in Trademark Bullying, Trademarks

There 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

More Godin on Trademark? The Sequel

Posted in Mixed Bag of Nuts

      Last week we explored how at least some of Seth Godin’s trademark advice is a bit dated. This week, let’s take a close and careful look at his advice concerning trademark registration: Some lawyers will get all excited and encourage (demand!) that you register your trademark. This involves paying a bunch of money, filing a bunch… Continue Reading

What a Croc!

Posted in Advertising, Branding, Infringement, Law Suits, Marketing, Sight, Trademarks

It’s not every day you get a chance to use that phrase in a headline. But, what may become known as the "The Cayman Kerfuffle", presents the perfect opportunity. Would a reasonable person find these confusingly similar?             $51,000 Blue Cayman                                                      $30 Blue Cayman Let’s see, one is a sleek, pricey, well-engineered, high performance… Continue Reading

Rolling Out the Red Carpet — More On Branding Athletic Turf & Trademarks

Posted in Advertising, Branding, Marketing, Non-Traditional Trademarks, Sight, Trademarks

In December, you may recall, I blogged about Boise State’s federal registration of the color blue as applied to athletic field turf, known to many as Smurf Turf. At the time, I wondered out loud whether Boise State’s success in the U.S. Trademark Office might lead others to follow along this trademark path? Hat tip again to Brad… Continue Reading