I celebrated Christmas in Wisconsin for the first time this year, and in addition to trying new beers and gallivanting around Milwaukee, I was introduced to a delicacy I had yet to encounter in life: fairy food. Fairy food, for those non-believers, is a chocolate candy, with a sponge-like center made from corn syrup and… Continue Reading
Tag Archives: Trademark
October is National Breast Cancer Awareness Month, but Who Owns the Pink Ribbon?
Posted in TrademarksAfter this past Sunday’s football game, a friend asked me if the NFL owned the shade of pink that everyone on the screen seemed to have so prominently displayed. Well, full disclosure, I didn’t watch on Sunday, and I rarely do watch football – unless a party has been planned around the game, then I’m… Continue Reading
Microsoft store brings back fond memories of Yankee Candle
Posted in Copyrights, Sight, TrademarksA few weeks ago, I found myself at the Mall of America, or MOA, as Minnesotans fondly refer to the great shopping mecca. Clutching my coffee and walking as briskly as possible to the destinations of my choice, I had one goal in mind, which I infer is the goal of anyone who has been… Continue Reading
Duck Duct Debate
Posted in BrandingEvery once in awhile I run across a product and find myself wondering… why did they name it this? I recently ran across the Duck Tape brand shown below. My first reaction was “duck” is a commonly misused term to identify what should be called “duct” tape, and this brand owner interestingly chose to… 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
Facebook Needs Dislike Option for Lamebook
Posted in First Amendment, Infringement, Law Suits, Social NetworkingLike most 20-somethings who went to college during the rise of this social media monster, I am quite familiar with Facebook. However, I wasn’t aware of the website Lamebook until the current legal dispute began. Lamebook, a self-proclaimed, “humor blog” was designed to allow people to share the most “ridiculous” things posted on Facebook. The Lamebook website is… Continue Reading
More from Jersey Shore
Posted in TrademarksUnbelievably, the MTV show Jersey Shore has presented even more material to blog about (see Sharon Armstrong’s previous blog Trademark Lessons from Jersey Shore here). Jersey Shore cast member Nicole “Snooki” Polizzi is attempting to federally register her nickname “Snooki” as a trademark for books. Unfortunately, the United States Patent and Trademark Office has initially… 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
Tavern on the Green Dispute Rages On
Posted in TrademarksThe Tavern on the Green dispute came to a swift end, for the time being. U.S. District Court Judge Miriam Cedarbaum granted summary judgment in favor of the City of New York, ordering cancellation of LeRoy’s federal trademark registration for the TAVERN ON THE GREEN mark in connection with restaurant services on the basis of fraud. (See… Continue Reading
And The Oscar Goes To…Overbranding?
Posted in BrandingWhile watching the Academy Awards on Sunday night, the winner of the Animated Short Films category definitely caught my attention. The winner was Logorama - a 16-minute French anumation created around the use of 3,000 well-known trademarks. The plot is described as a police chase through Los Angeles which includes a machine gun-toting Ronald McDonald who is a fugitive running… Continue Reading
Shaun White’s Trademark Move
Posted in TrademarksShaun White recently won gold in Vancouver in the halfpipe with a near-perfect score. At 23, this already his second Olympic games and his second gold metal in this event. Since 2002, he has also won 9 gold, 3 silver, 2 bronze medals in the X Games. Anyone who saw him in the Olympics has to be… Continue Reading
Who Owns WHO DAT?
Posted in TrademarksIn light of the recent Super Bowl victory by the New Orleans Saints, I think a brief discussion of the recent squabble over ownership of the phrase “who dat” is in order. In case you have not been following the story, the phrase “who dat” is commonly used by football fans and, in particular, New Orleans… Continue Reading
Who Owns a Trademark Worth $19 Million?
Posted in TrademarksIf you have been following the bankruptcy of the Tavern on the Green, you have most likely heard about the controversy surrounding the famous trademark. There are a few parties claiming ownership of the Tavern on the Green trademark, recently appraised at $19 million according to the New York Times. The current licensee, the LeRoy family,… Continue Reading
Mystified
Posted in CopyrightsAs an intellectual property lawyer, a common thing I notice is the public treatment of the terms copyright, trademark, and patent. In the legal community, each of these phrases represent distinct rights and doctrines of law. A trademark is a word or symbol that identifies source, a copyright protects original literary or artistic works, and a patent protects… Continue Reading
Nostalgia Calling
Posted in BrandingWhile browsing through a toy store recently, I noticed what appears to be a trend in branding this holiday season – reintroducing classic or “nostalgic” toys. It is very hard for me to accept that the toys I played with as a child could be considered “nostalgic,” but upon first sight of the Chatter Phone™, my childhood… Continue Reading
Lawsuits – Back in Fashion This Fall
Posted in Infringement, Law SuitsLast week, the Minneapolis/St. Paul Business Journal reported that Coach filed a complaint in New York against Minneapolis-based Target Corporation, alleging infringement of two of its handbag designs. Coach claims Target’s new designs are too similar to two of its bags, including the Ergo and Signature Patchwork bags: Target is not alone. Coach also filed a lawsuit against Brown Shoe Co.,… Continue Reading
Simply a Miscellaneous Design?
Posted in Branding, Marketing, Sight, TrademarksIn case you’re wondering, this design is a federally-registered non-verbal trademark. The owner identified it as a "Miscellaneous Design," without further detail or description (since it predated the more rigorous rules on supplying the Trademark Office with an accurate and detailed description of the mark). The U.S. Trademark Office assigned to this design mark Design Code 24.15.25 ("other arrows") and in… Continue Reading
Don’t Underestimate the Power of a Logo and Other Distinguishable Matter
Posted in Almost AdviceYesterday, Under Consideration’s Brand New Blog discussed the redesign of the Nickelodeon trademark. Nickelodeon has decided to drop the well known splat design that encapsulated the NICKELODEON term. As reported by Under Consideration, Nickelodeon’s “splat” has existed in one form or another for over 15 years. Although the orange “splat” has evolved over the years, it was a… Continue Reading
When You Need To Enforce Your Trademark Rights, Forget It (Maybe)
Posted in Almost Advice, GenericideYellow Book USA, Inc. has embarked on a marketing campaign telling consumers to “Yellowbook It” when they need to search for something. Although Yellow Book USA, Inc. does not own a federal registration for YELLOWBOOK, its does use the ™ symbol behind the term on its Web site to signal to consumers that it is… 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
Pros and Cons of Stand-Alone Non-Verbal Logos and Other Trademark Styles: A Legal Perspective
Posted in Advertising, Branding, Infringement, Marketing, TrademarksAs promised earlier this week, in my post entitled "Without Words, But Not Speechless: More On Non-Verbal Logos That Can Stand Alone," here is my effort to identify, from a legal perspective, some of the pros and cons of non-verbal logos and other trademark styles. But, before addressing the legal implications, it is worth noting that a number of our insightful readers and commenters already… Continue Reading
Fling – a Big Flop with Women
Posted in Branding, Food, MarketingMars recently introduced a new candy bar, Fling, marketed exclusively to women, advertised as “an un-regrettably indulgent new product for women”. The website is predominantly pink and is littered with very stereo-typical one-liners meant to be sexy such as “you never know when you’ll want to have a Fling” and “so tear it open and sneak in… Continue Reading
Yellow + Blue =
Posted in TrademarksThe Merriam-Webster On-Line Dictionary tells me that “green”—that word that kindly describes that most vilified of veggies and represents the very being of a beloved character—has been a verb since before the 12th Century. I will take their expert word for it, in spite of the fact that it is only in the past few years… 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...
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...