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Tag Archives: trademarks

Oh What A Tangled WEB We Weave When First We…Try To Show Use

Posted in Almost Advice, Trademarks, USPTO

In order to get a trademark registered or maintain a registration, an example of use of the trademark (referred to by trademark nerds as a “specimen”) must be submitted to the US Trademark Office.  Often trademark attorneys rely on the most readily available specimen that they can find:  their client’s website.  But if the website… Continue Reading

Would Benefit Corporations Benefit from Some Trademark Clarity?

Posted in Genericide, Goodwill, Guest Bloggers, Mixed Bag of Nuts, Non-Traditional Trademarks, Trademarks, Truncation

- Draeke Weseman, Weseman Law Office, PLLC A benefit corporation is the term used when a company is created under corporate law and should not be confused with a “B Corp,” which refers to a company that is certified by B Lab to meet specific standards for social and environmental performance. Why Consider a Benefit… Continue Reading

‘Tis the Season (Already!) to Think of Protecting Seasonal Brands

Posted in Branding, Marketing, Mixed Bag of Nuts, Trademarks

Who knew the fleeting annual presence of haunted houses — around your town and mine — was enough to achieve the vaunted status of “Billion Dollar Industry?” That’s what I found out when I tuned-in to watch the NBC Nightly News last weekend to catch my friend and fellow Medill School of Journalism alumnus, Joe Fryer, who… Continue Reading

FDA Trademark Approval

Posted in Branding, FDA Approval

–Susan Perera, Attorney One aspect of trademark law that we haven’t discussed here at DuetsBlog is FDA approval of trademarks for pharmaceuticals.  While there are certainly many benefits to federal trademark protection (and we would recommend seeking federal registration as the best way to solidify the broadest rights in your mark) trademark owners can choose… Continue Reading

False Start? Riedell v. Adidas

Posted in Branding, Famous Marks, Law Suits, Trademarks

  Last month there was some press about a pair of trademark infringement lawsuits between Adidas (sorry marketing types, I just can’t do the lower case letter "a" in "adidas") and Riedell over the number of stripes appearing on their sports footwear products. You may recall, while we’re on the subject of stripes, that I previously… Continue Reading

The Wine Menagerie

Posted in Trademarks

–Sharon Armstrong, Attorney Kingsley Amis, that lauded British humorist and man of letters, once said that “a German wine label is one of the things life’s too short for, a daunting testimony to that peculiar nation’s love of detail and organization.” Indeed, as a recent article in the Wall Street Journal points out, it wasn’t so… Continue Reading

My Goodness, More “My” Branding & Marks

Posted in Advertising, Domain Names

What are the odds, that in my attempt to capture a billboard ad, reinforcing Dan’s earlier point about the ubiquity of MY branding, I unintentionally document two in the very same photo? Just so you know, I’m heading out to buy a lottery ticket, and I’ve never bought one before.

IP Grammar . . . and Those Who Cringe About It

Posted in Mixed Bag of Nuts

             Last 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

An Ounce of Prevention is Worth a Pound of Cure

Posted in Almost Advice, Trademarks

The importance of logos in branding has been discussed in detail. Although words are generally thought of as the most dominant portion of a trademark because they are spoken by consumers, the logos themselves convey equally powerful and important messages. Which is why this element in the overall branding strategy should be cleared by trademark counsel prior… Continue Reading