I’ll have to say, I really enjoyed Aaron Keller’s guest post from yesterday. In addition to the valuable insights he provided, it got me thinking about some perhaps unrelated, but parallel topics of likely interest to legal and marketing types. Aaron wrote about the importance of a brand being honest with itself and others. He expressed the need… Continue Reading
Tag Archives: Verbing
Webinar: Hot Marketing Topics with Trademark & Legal Implications
Posted in Branding, Genericide, Guest Bloggers, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, TrademarksLast week I had the distinct pleasure of participating in a ninety-minute webinar with my good friend, frequent and eloquent guest-blogger on DuetsBlog – Aaron Keller of Capsule – complete with some friendly banter on the following: "Hot Marketing Topics with Trademark and Legal Implications." Minnesota Continuing Legal Education has generously provided a link where the webinar can be viewed in its entirety, here. As you’ll… Continue Reading
Visa Branding: A Combined Alpha & Brand Verbing Alert
Posted in AlphaWatch, Branding, Marketing, TrademarksWe have been following the truncation trend to single-letter branding symbols for some time now. Visa appears to be heading in this direction with the relatively new V logo: Based on trademark filings at the USPTO, it appears Visa began using this single-letter V logo by itself back in 2008 with the launch of a… Continue Reading
When You Verb Your Trademark, You Know What?
Posted in Advertising, Branding, Genericide, Loss of Rights, Marketing, Television, TrademarksWell, perhaps more than just about every trademark use guideline in existence, including those offered by the International Trademark Association (INTA) ("NEVER use a trademark as a verb"): (television commercial link on Youtube here) Maybe because you have been following the trademark verbing dialogue here on DuetsBlog and you have learned all about Managing The Legal Risk of… Continue Reading
Riding the Brandverb Wagon Without a Seat Belt
Posted in BrandingI heard a radio spot the other day for Milwaukee, Wisconsin-based department store retailer Kohl’s: "The More You Know, The More You Kohl’s." Apparently not a new example of brandverbing, yet it continues, despite the ridicule of being called "The Absolute DUMBEST Slogan Ever," enduring grammatical criticism from at least one employee, facing a federal… Continue Reading
This is How You Verb Your Brand
Posted in BrandingRecovering from a nasty bout of walking pneumonia over the last couple of days, I probably spent more time (at least, mindless time) in front of the television than the last several months combined. One thing that caught my eye during a brief and surprisingly mindful moment while I suffered was another brand to recently jump on the brandverb… Continue Reading
Verbing the DirecTV Brand Name
Posted in Advertising, Branding, Genericide, Marketing, Television, TrademarksYet another brand name and trademark being promoted as a verb in the tagline or signature at the end of each television commercial: "Don’t Just Watch TV. DirecTV." For more on the subject of trademark verbing and the risk of genericide: Just Verb It? A Legal Perspective on Using Brands As Verbs: Part I Just Verb… Continue Reading
How Realistic is the Risk of Trademark Genericide?
Posted in Advertising, Branding, Genericide, Loss of Rights, Marketing, TrademarksThe Grand Marshal in the Parade of Horribles, at least for some trademark types, is the one who forbids any deviation from the absolute "rule" against using brand names and trademarks as nouns or verbs, a standard "rule" commonly found in trademark use guidelines (only permitting the use of trademarks as adjectives). As I have written about previously, these "rules"… Continue Reading
Can You Rollerblade On K2 Brand In-Line Skates?
Posted in Mixed Bag of NutsThese kinds of signs — that appear to single out Rollerblade brand in-line skate loyalists – are all over the place. This one happens to be in the parking garage I use in downtown Minneapolis. To understand why the Rollerblade brand may find itself in this perilous position, read on, here. For some additional reading on the related question of verbing brands, take a… 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
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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...