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Category Archives: Television

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Trademark vs. Copyright: Avoid the HAVOC

Posted in Advertising, Articles, Branding, Copyrights, Famous Marks, Idea Protection, Infringement, Television, Trademarks

I’ve come across yet another college-hoops related trademark dispute — but what’s even more interesting is the way the AP covered the story. It’s a reminder that we IP lawyers can and must dispel any public confusion between the different forms of intellectual property. Shaka Smart, the longtime basketball head coach at Virginia Commonwealth University,… Continue Reading

Deck Stacked Against HOUSE OF CARDS

Posted in Television, Trademarks, USPTO

No spoilers here, I promise.  Like many Americans since it was released on Friday, I’ve been binge-watching Season 3 of House of Cards.  If you haven’t watched the program, available only on Netflix, it’s a riveting drama of political intrigue with stellar acting featuring Kevin Spacey and Robin Wright.  The promise of another House of… Continue Reading

Will #TheDress Impact Color Trademarks?

Posted in Articles, Fashion, International, Non-Traditional Trademarks, Sight, Social Media, Television, Trademarks

#TheDress phenomenon is about to shape the future of color trademarks and trade dress rights. You may recall, we have written a great deal on the subject of non-traditional trademark protection of colors, especially during the Christian Louboutin red-soled shoe trademark lessons, but more recently we wrote about the legal implications of color selections in… Continue Reading

Get to the Chopper: A Service Mark on a Helicopter?

Posted in Advertising, Branding, Marketing, Non-Traditional Trademarks, Product Configurations, Television, Trademarks, USPTO

When a business uses its trademark in connection with an ordinary billboard advertisement, should it try to register the billboard as another trademark unto itself?  I venture that nearly every trademark attorney would say no.  But what if the billboard was a helicopter? MedLegal Network, out of Santa Monica, California, promotes personal injury and worker’s… Continue Reading

The NFL’s Super Bowl Trademark Nonsense

Posted in Advertising, Articles, Fair Use, First Amendment, Infringement, Marketing, SoapBox, Television, Trademark Bullying, Trademarks

It’s that time of year again. Time to tiptoe around and avoid use of or make any reference to the Super Bowl. Whoops. Anyway, we’ve discussed this phenomenon before: Insuring a Great Super Bowl Trademark Fight Fair Use of Super Bowl Trademark? Super (Bowl) Sunday, Ads Coming Soon Advertisers — fearful of NFL legal action… Continue Reading

A Charlie Brown Red-Nosed Reindeer

Posted in Mixed Bag of Nuts, Television

If you celebrate Christmas, and even if you don’t, you probably have a favorite Christmas-themed movie.  Elf?  A Christmas Story?  Miracle on 34th Street?  National Lampoon’s Christmas Vacation? Although not feature films like those, my favorite Christmas-themed masterpiece is the 1964 classic short Rudolph the Red-Nosed Reindeer, followed very closely by A Charlie Brown Christmas… Continue Reading

The Shiny Bright Red Holiday Star Brand(s)

Posted in Advertising, Articles, Branding, Famous Marks, Food, Goodwill, Infringement, Marketing, Non-Traditional Trademarks, Television, Trademarks

In the context of the holiday season, what comes to mind when you see a shiny bright red star? If you’re reading this post from Russia, perhaps the top of a New Year Tree is brought to mind. Of course, I have brands on my mind, and it has been hard to miss the barrage… Continue Reading

Mayhem: Ahem, Metaphorically Speaking

Posted in Advertising, Articles, Branding, Marketing, Non-Traditional Trademarks, Sight, Television, Trademarks, USPTO

Metaphors are a good choice for trademarks. A metaphor typically requires some thought, imagination or perception to understand the connection between the mark and what’s for sale. Remember what a floating feather might suggest metaphorically? Yes, a good night’s sleep. So, the symbol works well as a distinctive non-verbal trademark for a pharmaceutical sleep aid…. Continue Reading

Star Wars: Redefining Trademark and Copyright Law Since A Long Time Ago

Posted in Advertising, Branding, Copyrights, Famous Marks, Goodwill, Non-Traditional Trademarks, Social Media, Sound, Television, Trademarks, USPTO

The Star Wars series is truly an exceptional franchise, having broken box office records, creating legions of fans, and bringing the idea of collateral merchandise licensing to an unprecedented level. Also, how many other films are top hits at the box office in three different decades, even when all you’ve done is add a few… Continue Reading

Personal Brand Management for Retirees (…of the NFL)

Posted in Agreements, Branding, Law Suits, Mixed Bag of Nuts, Television, Trademarks

–Ben Kwan, Attorney Dozens of former NFL players lit up the federal court docket here in Minnesota with filings on Monday targeted at Defendants including the National Football League, NFL Films, Inc., and NFL Productions, LLC. The retired players’ suits are the latest in a line of cases dating back to about 2009 when former players… Continue Reading

Copyright Watch: Suit over the NCIS Bert the Far***g Hippo

Posted in Copyrights, Infringement, Mixed Bag of Nuts, Television

–Ben Kwan, Attorney I can’t even say the word!  Don’t worry, I’ll have to eventually.  Let’s just say the folks at CBS are likely pretty steamed up over getting hauled into court on a smelly copyright suit involving a noisy character from its popular NCIS show. The California designer, developer, and manufacturer of the original… Continue Reading

Blue 42. Set. Trademark! I mean, Hike!

Posted in Articles, Branding, Fair Use, Famous Marks, First Amendment, Goodwill, Non-Traditional Trademarks, Product Configurations, Sound, Squirrelly Thoughts, Television, Touch, Trademarks, USPTO

Can you feel it? All around the country, fields are being groomed, stenciled, and painted. Tonight, the college football season begins with Georgia State taking on Abilene Christian in what could be a preview of one of hundreds of games that most of us don’t really care about. But like so many fans around the country, I’ll… Continue Reading

ED Ads: Humor From Across the Pond

Posted in Advertising, Articles, Copyrights, Fair Use, First Amendment, Goodwill, Infringement, Law Suits, Marketing, Squirrelly Thoughts, Television

On this last day of the month, we are shedding almost all seriousness to stand at attention while examining some recent London taxi cab humor — from the perspective of Lloyds Pharmacy — about treating the affliction of erectile dysfunction (ED) with six pound pills and a healthy dose of laughs: One of the things I learned… Continue Reading

Jesus Christ (World Cup) Superstar?

Posted in Advertising, Copyrights, Marketing, Television

- Derek Allen, Attorney – The World Cup is in full bloom and like anything that involves lots of money and national pride, it’s going to generate its share of lawsuits (or threatened lawsuits). My favorite so far finds the Archdiocese of Rio de Janeiro threatening a copyright suit against Italian broadcaster Rai Italia for daring to put an Italy… Continue Reading

The World Is Not Enough, We Want the Whole Genre

Posted in Copyrights, Fair Use, Idea Protection, Infringement, Law Suits, Television

The James Bond franchise is one of the most well-known and successful movie franchises in history. There are few characters who reappear in 23 full length movies, let alone have the 23rd movie reach the top of the box office charts. The James Bond franchise, however, has obtained a unique status among average viewers and… Continue Reading

It’s a Mouse World After All

Posted in Agreements, Non-Traditional Trademarks, Television, Trademark Bullying, Trademarks

Deadmau5 (\’ded-mau̇s\; a.k.a. Joel Zimmerman) is a popular house music artist who performs wearing a mouse-like head covering called the mau5head.   On Twitter he calls himself an “Event Driven Marketing specialist,” so I thought this was a fitting subject for the hip legal, creative and marketing folks who follow us here at DuetsBlog – although… Continue Reading

“Glee” – Fox fails to see the funny side in the UK Courts

Posted in Guest Bloggers, International, Mixed Bag of Nuts, Television, Trademarks

Simon Bennett, partner and Rachel Cook, associate Fox Williams LLP Global entertainment giant Twentieth Century Fox Film Corporation recently lost its case against Comic Enterprises Limited, a UK company that runs several live entertainment venues in the UK, in what has been billed as a modern day David vs. Goliath. The subject of the dispute:… Continue Reading

Oz The Saying Goes…

Posted in Branding, Copyrights, Dilution, Fair Use, Famous Marks, Goodwill, Loss of Rights, Television, Trademarks, TTAB, USPTO

There’s no place like home. Just be careful where and how you say it. It is common knowledge among lawyers that copyright protection does not normally extend to titles, words, or short phrases. Movies, politicians, and our family and friends constantly quote books, movies, and famous politicians, actors, and others. From a trademark perspective, we see famous quotes… Continue Reading

The Branding Outside My Window – Anything But Obnoxious and Obtrusive

Posted in Advertising, Almost Advice, Branding, Mixed Bag of Nuts, Television

–Ben Kwan, Attorney I love living in Minneapolis. The quotient for savvy and sophisticated branding is high – an opinion reinforced every time I glance out my office window. Today, I have two examples of fantastic marketing in the public square. One has been around for quite some time, the other is brand new. One… Continue Reading