DuetsBlog Collaborations in Creativity & the Law

Category Archives: Trademarks

Subscribe to Trademarks RSS Feed

The Price of Fame

Posted in Copyrights, Guest Bloggers, Trademarks

–James Mahoney, Razor’s Edge Communications Mother was a dyed-in-the-wool Boston Bruins fan who knew as much about the local game as any sportscaster. She didn’t quote stats, but she sure knew team and player histories, strengths, weaknesses, strategy and game tactics. And into her nineties, she still called penalties and off-side like a pro. So… Continue Reading

For Trademark Demand Letters, Every Letter Counts

Posted in Food, Marketing, Squirrelly Thoughts, Taste, Trademark Bullying, Trademarks

It has not been a great week for oatmeal. The Quaker Oats Company (a subsidiary of food and beverage giant PepsiCo), on the heels of a recall for its Quaker Quinoa Granola Bars, has also made a rather embarrassing gaffe on the trademark enforcement front. And unfortunately, demand letters are far more difficult to recall. Evidently, an in-house trademark attorney at… Continue Reading

Madonna Not Scandalous for Wine Anymore

Posted in Articles, Branding, First Amendment, Marketing, Trademarks, TTAB, USPTO

The headline might be considered old news to some, but since intellectual property attorneys from around the world will be descending upon Minneapolis for the remainder of the week, and since I’ll be speaking tomorrow at the American Intellectual Property Law Association Spring Meeting at the Minneapolis Hilton, on the history and public policy behind… Continue Reading

America’s Most Watered-Down Beer (Name)?

Posted in Advertising, Articles, Branding, Goodwill, Loss of Rights, Marketing, Social Media, Trademarks, USPTO

Last week the Twittersphere was chirping loudly and negatively in response to reports that Belgian-owned Inbev would be replacing the Budweiser brand name with “America” on beer cans, as shown above. No bow-tie can shape in this campaign, but the logo is to be on the can’s back. Headlines like these, suggesting a permanent change… Continue Reading

Is It a Clean Fight?

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

It is no wonder that two companies manufacturing detergents would want to use the word “clean” for their products and brand.  The Dial Corporation (“Dial”) owns the federally registered trademark PURECLEAN that it used to market its PUREX detergents.  To protects its mark, Dial sued the Procter & Gamble Company (“P&G”) to enjoin it from… Continue Reading

A Missed Step in Branding Fitness Trackers?

Posted in Advertising, Almost Advice, Articles, Branding, Genericide, Loss of Rights, Marketing, Technology, Trademarks, USPTO

I’ve been wearing one of these little guys on my wrist for almost a year now. Love it. The personal awareness it raises for me in the areas of sleep, diet, and activity, has been profound. Can’t tell you how many times folks have asked, “Is that one of those fit bits?” “Nope,” I sometimes… Continue Reading

Trademark Litigation Keeps Getting Cheaper (If You Win)

Posted in First Amendment, Law Suits, Trademark Bullying, Trademarks

Slowly but surely, the extension of the Supreme Court’s 2014 Octane Fitness v. LLC v. Icon Health and Fitness, Inc. decision to trademark claims is gaining traction among federal appellate courts. The Octane Fitness decision addressed the standard for determining whether a case is “exceptional” under the Patent Act and therefore eligible for an award… Continue Reading

Fictitious Versus Fake Branding

Posted in Advertising, Branding, False Advertising, Food, Guest Bloggers, International, Marketing, Taste

– Mark Prus, Principal, NameFlash Creating fictitious names for products is standard practice in many industries. Creating a brand that evokes a certain image or feeling is so commonplace that most of us don’t think twice about it. Consider Genova Tonno. In the Italian language, Genova is the city of Genoa, and Tonno is tuna…. Continue Reading

Heading to Orlando Later This Month?

Posted in Articles, First Amendment, Mixed Bag of Nuts, Trademarks

After returning from a great set of collaborative meetings with other members of the Executive Leadership Board at the University of Iowa’s College of Pharmacy, let’s say, we’re now looking forward to AIPLA’s Spring Meeting, located in our own Minneapolis backyard and playground. My perspectives on the potential-U.S. Supreme Court-bound First Amendment challenges to Section… Continue Reading

Trademark Lessons for New Businesses from a Lawsuit Against a Colorado Juice Bar

Posted in Articles, Dilution, Fair Use, Infringement, Law Suits, Trademark Bullying, Trademarks

It is a big, exciting, and dangerous risk to start a new business. There were approximately 400,000 in 2014 (continuing a recent downward trend, according to Gallup). Most entrepreneurs know that the odds are stacked against them, as about 50% of new companies fail during their first five years (dig deeper into the numbers here.)…. Continue Reading

ELLE Fails to Un-ring Bell, DJ Action Sticks

Posted in Agreements, Articles, Branding, Civil Procedure, Contracts, Dilution, Law Suits, Marketing, Trademark Bullying, Trademarks, TTAB

Question for the day, how common is the given name Elle? I’m really not sure, I don’t believe I’ve ever personally known anyone with that name, and Mongabay doesn’t even include Elle in its listing of girl’s first names, but it does rank Ella (210), Elena (412), Ellie (1198), Elly (2802), and Ellamae (3514) among… Continue Reading

Apple’s Quest for the “Ownable” Mark

Posted in Articles, Marketing, Social Networking, Squirrelly Thoughts, Technology, Trademarks

No company’s branding strategy is studied more meticulously than Apple, Inc.’s — and of late, Apple has taken a turn for the descriptive with its various operating systems. Every company wants its brands to be distinctive — and the arbitrary APPLE mark is among the most well-known. But its new operating system naming strategy has relied… Continue Reading

The USPTO Says “Yes” But the TTB Says “No” To LSD

Posted in Almost Advice, Branding, First Amendment, Idea Protection, Marketing, Product Packaging, Trademarks, USPTO

Government approval of commercial speech has been a hot topic of discussion by trademark nerds here and elsewhere in light of recent decisions regarding the Redskins and The Slants marks.  As those decisions proceed up through the appeal channels to the Supreme Court, attention has been drawn to whether or not a trademark registration certificate… Continue Reading

Hope Springs Eternal – Even for Baseball Trademark Disputes

Posted in Branding, Infringement, Law Suits, Trademarks, USPTO

Across the United States this week, fans rejoiced as baseball returned. Teams took to the diamond and played the first games to count since last year’s World Series. Players, coaches, and fans all turned the page on last season, starting with a clean slate and an undefeated record. But while the players battled on baseball… Continue Reading

Is BETTER BURGER a Done Deal for Chipotle?

Posted in Advertising, Articles, Branding, Food, Idea Protection, Marketing, Squirrelly Thoughts, Trademarks, USPTO

When it comes to a big company’s trademark filings, the publicly available and freely searchable Trademark Office database can provide great fodder for the media. But don’t believe everything you read: an intent-to-use trademark application is far from gospel. Chipotle Mexican Grill, Inc. stoked the flames of speculation with an application for the mark BETTER BURGER earlier… Continue Reading

Namey McNamerson: What Happens When You Crowdsource Names

Posted in Advertising, Branding, Guest Bloggers, International, Marketing, Mixed Bag of Nuts, Trademarks

-Laurel Sutton Senior Strategist & Linguist at Catchword Brand Name Development If I was in charge of naming scientific research vessels, they’d all get names like Boaty McBoatface. This, in case you hadn’t heard, is the leading candidate in a crowdsourced effort to name the U.K. Natural Environment Research Council’s new polar research ship.  Fans… Continue Reading

Nobody Puts Trademark Claims in a Corner (Except when Copyright Law Preempts Them)

Posted in Copyrights, Idea Protection, Infringement, Law Suits, Trademarks

Nostalgia is a big seller these days. Hollywood continues to produce remakes (and remakes of remakes), politicians lament the better days of yesterday, and companies capitalize on feelings of nostalgia in order to make money. It’s not new, but it does seem to be more popular than ever. TD Ameritrade jumped on the Nostalgia Express… Continue Reading

Scandalous and Disparaging Marks: The Race to the Trademark Office Is On

Posted in Advertising, Branding, Idea Protection, Infringement, Loss of Rights, Non-Traditional Trademarks, Squirrelly Thoughts, Television, Trademarks, TTAB, USPTO

Owners of scandalous, immoral, or disparaging marks are on notice: now is the time to place your $275 bet with the USPTO. And soon, the Trademark Office database may be “NSFW.” Last Thursday, the USPTO issued Examination Guide 01-16 to address the impact of recent federal court decisions on Section 2(a) of the Trademark Act. That section prohibits registration of… Continue Reading