DuetsBlog Collaborations in Creativity & the Law

Category Archives: Trademarks

Subscribe to Trademarks RSS Feed

The RedBox Mark Has Gone to Waste and 3 Quick Lessons to Learn

Posted in Dilution, Famous Marks, Infringement, Loss of Rights, Trademarks

The RedBox brand continues to dominate the movie rental market. For the uninitiated, RedBox is a brand of movie and video game rental vending machines placed in convenient locations like grocery stores, gas stations, and fast food lobbies, like the one below: However RedBox’s commercial success hasn’t stopped the brand from going to waste –… Continue Reading

Worthwhile Uncomfortable Conversations

Posted in Agreements, Articles, Branding, Contracts, Copyrights, Law Suits, Marketing, Trademarks

Seth Godin wrote this past weekend about joint ownership of creations: “Before you create intellectual property (a book, a song, a patent, the words on a website, a design) with someone else, agree in writing about who owns what, who can exploit it, what happens to the earnings, who can control its destiny.” We couldn’t… Continue Reading

Can Starbucks Tolerate Cannabis Parody?

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Fashion, FDA Approval, First Amendment, Food, Infringement, Law Suits, Marketing, Trademarks

A couple of weeks back, I captured this image from a t-shirt for sale in Starbucks’ backyard — at a shop in the Pike Place Market area of Seattle: One of the things it brought to mind for me is the dozen year long trademark dilution case that Starbucks lost, over and over, a few… Continue Reading

Zero Tolerance #USOC Trademark Overreach

Posted in Advertising, Articles, Branding, First Amendment, International, Law Suits, Marketing, Social Media, Social Networking, Technology, Trademark Bullying, Trademarks

By way of follow-up to Tim’s and David’s recent discussions about Rio2016 and related U.S. Olympic Committee trademark enforcement issues, it appears that a local Minnesota carpet cleaning business called Zerorez, is poised to press the issue of the USOC’s overreaching trademark policies by asking the federal district court in Minnesota to confirm it may… Continue Reading

The World’s Healthiest Trademark Puffery

Posted in Advertising, Articles, Branding, False Advertising, Food, Marketing, Trademarks, USPTO

Above the Law recently published a Techdirt story reporting that the USPTO denied Whole Foods‘ attempt to federally-register the laudatory trademark: “World’s Healthiest Grocery Store“. The Techdirt story incorrectly seems to suggest that the global nature of the phrase is what caused the application to be refused, since Whole Foods has not yet achieved a… Continue Reading

Trans-Pacific Intellectual Property

Posted in Agreements, Copyrights, Fair Use, Idea Protection, Infringement, International, Mixed Bag of Nuts, Non-Traditional Trademarks, Patents, Trademarks

The Trans-Pacific Partnership (TPP)—a favored talking point among our presidential hopefuls—is an international trade agreement between twelve nations. The agreement was signed earlier this year, but is not yet ratified in most member countries including the United States. Negotiations took place over seven years and resulted in thirty dense chapters of provisions—some of which are… Continue Reading

A Few Bainbridge Island Brands

Posted in Advertising, Articles, Branding, Food, Marketing, Trademarks

If you haven’t been, I highly recommend visiting beautiful Bainbridge Island, a short thirty minute ferry ride from Seattle, Washington: It’s not routine to find national retail store brands there, so lots of unique local brands to discover and enjoy, here’s my favorite coffee shop: And, another great one: Here’s my favorite chicken on the Island, named Crockpot,… Continue Reading

Trademark Goods/Services Limitations, Why Not Exclude Any Federal Unlawful Activities?

Posted in Almost Advice, Articles, Branding, Marketing, Trademarks, TTAB, USPTO

Those involved in the cannabis industry — where certain activities are legal in some States, but unlawful under federal law — continue to search for creative strategies and solutions in protecting their trademarks and service marks. Picking up where Tim left off last Friday, I’ve been giving some thought as to how the Herbal Access… Continue Reading

USPTO Keeps the Door Locked for Marijuana-related Services

Posted in Branding, First Amendment, Food, Trademarks

Medical marijuana is currently legal in 25 states, including four states that have also legalized recreational use (Alaska, Colorado, Oregon, and Washington). On Nov. 8, California voters will have a chance to make their state the next to legalize recreational use. As a dollar amount, Forbes estimated that Colorado’s marijuana industry was worth $1 billion…. Continue Reading

POKEMON GO Caught By…POKEMON?

Posted in Trademarks, USPTO

Last week was rough.  We went from celebrating America to watching her at her worst.  We saw officers shoot two black men in Baton Rouge, LA and Falcon Heights, MN, a black man shoot cops in Dallas, and resulting social unrest (including my hometown police being hit with concrete last weekend and protests blocking our… Continue Reading

Standard Character Trademark Overbreadth

Posted in Articles, Infringement, Trademark Bullying, Trademarks, TTAB, USPTO

When we hear the word “overbreadth” in close connection with the word “trademark,” the often discussed “trademark bullying” topic will frequently come to mind. Yet, discussions about “trademark overbreadth” are not limited to exaggerated and unrealistic trademark claims by a trademark owner. We previously have discussed how one might deal with prior registrations that contain… Continue Reading

No Budding in Line Washington Redskins

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

In a case with special significance to our DuetsBlog crew (our founder Steve Baird started the fight to cancel the THE REDSKINS trademark registrations in 1992 – see more about the Harjo case here) and significant to trademark practitioners and owners alike, the federal government is asking the United States Supreme Court to deny the… Continue Reading

A Duel Over DUO Leaves Only Uno

Posted in Almost Advice, Food, Product Packaging, Trademarks, TTAB, USPTO

The never-ending battle at the Trademark Office over trademarks for beer and wine suffered another casualty last week, this time over the mark DUO.  Applicant Uinta Brewing Company filed a use-based application to register DUO for beer.  Fun fact:  the Utah-based brewery owns a trademark registration for TINDER for “beer.” Uinta Brewing uses the DUO… Continue Reading

KIND Taglines: About Owning Your Ad Copy?

Posted in Articles, Branding, Food, Marketing, Mixed Bag of Nuts, Trademarks, USPTO

First things first: Happy 4th of July, Dear Readers! That was a pretty honest, simple, genuine, transparent, straightforward, to the point, not belaboring at all, under any circumstances, my most sincere wishes to our dear readers, agree? Now contrast the original well wishes with the elaborate description of them, the latter being anything but short… Continue Reading

Should a Brand Change Its Name for a Little While?

Posted in Branding, Guest Bloggers, Infringement, Marketing, Trademarks

–Debbie Laskey, MBA In May, Anheuser-Busch made news when it announced that it would change the name of its most famous brand from Budweiser to America. So, from late-May to November, in every liquor store, convenience store, gas station kiosk, discount warehouse, and supermarket, people will be saying something strange: “I’ll take a six-pack of… Continue Reading

A Faster, Sleeker Milk Jug

Posted in Food, Marketing, Non-Traditional Trademarks, Product Configurations, Taste

Another for the file of newly-registered product configuration marks: acquired distinctiveness, sold by the gallon. According to 2014 numbers released by the U.S. Department of Agriculture, Americans drink 37 percent less milk than they did in 1970. Whole milk consumption has plummeted by 78 percent during the same period. The dairy industry has spent countless millions on advertising, and… Continue Reading

Look-For Advertising Sans the Clunky Words

Posted in Advertising, Articles, Branding, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks, USPTO

We’ve written before on the subject of non-traditional trademarks and how look-for advertising can be quite helpful in not only educating consumers that a color or other design feature should stand out in their mind as performing the helpful role of a trademark, but in convincing the USPTO too. Earlier this month the USPTO granted… Continue Reading