The 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
Tag Archives: Yahoo!
Having Your Head in the Clouds May Not Be Such a Bad Thing After All
Posted in Agreements, Almost Advice, ContractsCloud computing is a service that uses the Internet and central remote servers to maintain data and software applications. Cloud computing allows consumers and businesses to use software applications without installation and access to their personal files at any computer with Internet access. Simple examples of cloud computing include Yahoo email or Gmail. It is an option… Continue Reading
Just Ask Flickr About Direct Navigation on the Internet
Posted in Branding, Dilution, Domain Names, MarketingI have previously attempted to sound the alarm about why companies should be concerned about direct navigation on the Internet (here here here and here), but I learned this week from The FairWinds Blog that not only does Yahoo! Inc. (operator of the photo sharing website Flickr and owner of the FLICKR registered trademark and… Continue Reading
Black Friday: On Your Marks . . . Get Set . . . CLICK!
Posted in Domain NamesI have never participated in early morning Black Friday sales. For me, those hours each year are most often spent peacefully enjoying the last fruits of a tryptophan-induced slumber. It is not just a lack of interest, either. There is a bit of loathing mixed in. For instance, my goal for the last two year’s… 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
Without Words, But Not Speechless: More On Non-Verbal Logos That Can Stand Alone
Posted in Advertising, Branding, Famous Marks, Food, Marketing, TrademarksMy family vacation and road trip through the heartland this past week has yielded a few photos for discussion. For example, here is a captured pair of non-verbal logos that can stand alone, without the need for any words. As you may recall, one of my previous blog posts (April 9, 2009) discussed non-verbal logos that can… Continue Reading
How About Summit Beer for the Beer Summit?
Posted in Advertising, Branding, Food, Keyword Ads, Marketing, Search EnginesSometimes the world hands you lemons, and sometimes it hands you lemonade . . . or free beer . . . or even free advertising. What serendipity for the Bud Light, Red Stripe, and Blue Moon brands that the media’s most recent tempest in a teapot has culminated in a "Beer Summit," and that it is being… Continue Reading
Just Verb It? Part II: A Legal Perspective on Using Brands As Verbs
Posted in Advertising, Branding, Food, Genericide, Loss of Rights, Marketing, Search Engines, TrademarksIt is probably fair to say from my initial Just Verb It? post, the many articles referenced in that post, the substantial panel of commentary to the post, and additional interest in the topic, that at least two truths about "brandverbing" are beyond much, if any, debate: (1) Lawyers (including the International Trademark Association’s guidelines on proper trademark use) routinely advise brand… 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...