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Category Archives: Trademarks

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This Little Piggy Went to the Trademark Office…

Posted in Articles, Fair Use, Goodwill, Non-Traditional Trademarks, Sound, Trademarks, USPTO

When was the last time you thought about pigs? What do you think when you hear the word “pigs?” Or an OINK OINK noise? Or what about the angelic and oh-so-American, “SOOOOOOOOOEEEEEEEEYY!”? Well, the University of Arkansas contends that you’re probably thinking about the Arkansas Razorback sport teams. And they convinced the U.S. Patent and Trademark… Continue Reading

NONPROFIT BRAND TINTED WITH – NOT TAINTED BY – LEGAL

Posted in Branding, Goodwill, Guest Bloggers, Infringement, Mixed Bag of Nuts, Trademark Bullying, Trademarks

- Abby V. Reiner, Brand Director, Wounded Warrior Project Fine (red) Lines Nonprofits walk a fine line between wanting everyone to feel a part of the mission without allowing everyone to use its trademarks resulting in dilution or infringement of the brand. Sometimes the very well intentioned can do more harm than good. When a… Continue Reading

Fly the Tasty Skies

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

- Nancy Friedman, Wordworking In mid-June JetBlue, which since its first flights in 2000 had been a single-class “value” airline, introduced its version of first-class service. To signal this departure—forgive the pun—it didn’t give the service a category name such as JetBlue Business. Nor did it follow its own naming conventions and build on the… Continue Reading

Airing a new logo: Airbnb

Posted in Branding, Trademarks

For those of you who are into traveling, you are probably very familiar with the trendy Airbnb, a travel site that lets you book a stay at someone’s home instead of a hotel.  They are part of a growing trend of websites making the user’s travel booking experience easier, more exotic, and more economical.  EatWith… Continue Reading

Believe what you want, but who will win?

Posted in Articles, Branding, Fair Use, Famous Marks, First Amendment, Goodwill, Infringement, Trademarks, USPTO

In case you were unaware, the (Men’s) World Cup happened over the last two months and is now over (the Women’s World Cup is next year, in Canada). I Believe that if you followed Team USA at all, you probably heard the infectious chant of I —— I BELIEVE ——- I BELIEVE THAT WE WILL WIN!… Continue Reading

Dethroning a Right to Register a Trademark?

Posted in Agreements, Articles, Branding, Contracts, Dilution, Famous Marks, Infringement, Marketing, Trademark Bullying, Trademarks, TTAB, USPTO

Last month, you will recall we wrote about the important difference between the right to register a trademark and the right to use a trademark, here and here. Despite the fact that in most cases, a “likelihood of confusion” test governs both determinations, the right to use and the right to register are not necessarily coextensive rights – defeating… Continue Reading

Description of a Trademark with the USPTO

Posted in Articles, Branding, Non-Traditional Trademarks, Sight, Trademarks, USPTO

Continuing our discussion — from yesterday and the day before – about the description of a mark provided to the USPTO during the registration process, the below images from two unrelated federally-registered, non-verbal logos for banking services, help tell another related story:                       As the links… Continue Reading

Pepsi Gets Grip on MLB All-Star Extravaganza

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

How cool is it to have the MLB All-Star Game and related events, right here in Minneapolis? Very. As the advertisement shows, Pepsi is playing a large role in the event, as the “Official Soft Drink” of the MLB All-Star Game. As attractive as the ad is, sadly, I suspect that only trademark types and… Continue Reading

Apple’s Word Count for Non-Verbal Branding

Posted in Articles, Branding, Goodwill, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Sight, Technology, Trademarks, USPTO

A picture is said to say a thousand words, and ironically that is almost literally and exactly true when it comes to Apple’s focus on non-verbal icon branding. A week before the 4th of July, Apple filed these three non-verbal trademark applications: Clicking on each will take you to the detailed USPTO information for each application,… Continue Reading

It’s ‘MERICA Weekend

Posted in Branding, Famous Marks, Trademarks, USPTO

July 4th weekend usually makes me think of three things:  the cabin, my favorite random historical facts about Presidents (did you know this?), and the Declaration of Independence.  In fact, I always encourage people on July 4th to read the Declaration of Independence, which includes one of the first usages of one of the most… Continue Reading

Update: Ikea Voids the Warranty on its Demand Letter

Posted in Articles, Branding, Fair Use, Famous Marks, First Amendment, Goodwill, Infringement, Marketing, Social Media, Trademarks

A few weeks back, we discussed IKEA’s claim of trademark infringement against the popular website, IKEAhackers.net, and the resulting online backlash. In what’s become an increasingly common result, IKEA has reportedly backed off from its demand letter: We want to clarify that we deeply regret the situation at hand with  IKEAhackers. It has of course… Continue Reading

Is it Roomba or is it Rosie? A New World of Co-Created Identity

Posted in Branding, Guest Bloggers, Technology, Trademarks

- Jason Voiovich, Vice President, Marketing, Logic PD 80% of owners name their Roomba. Colin Angle, CEO of iRobot (the maker of said autonomous vacuum cleaners) dropped this unexpected bomb during an interview with Celeste Biever from New Scientist.  The subhead of the article asks the obvious question (why do consumers name inanimate objects) without really answering it… Continue Reading

Brewing Brewery Brawl: Busch Not Happy with NATTY

Posted in Advertising, Branding, Dilution, Infringement, Marketing, Trademark Bullying, Trademarks, TTAB, USPTO

You know that beer that you would drink in a basement, but now that you acknowledge that you are actually an adult, you would not be caught dead buying in a liquor store or requesting at a bar or restaurant?  We’ve all got one.  Having spent my college drinking days in “the good land”, my… Continue Reading

Fun Brand Watch: Car2go

Posted in Branding, Trademarks

About a year ago, funny little Smart Fortwo vehicles started popping up all over my neighborhood.  I wondered whether there was some sort of European invasion taking place in Minneapolis.  Whatever was happening, I just couldn’t see myself getting into one of those little blue and white roller skates. A year later, I can’t seem… Continue Reading

Trademark Disparagement Kills the R-Word

Posted in Articles, Branding, Law Suits, Marketing, SoapBox, Trademarks, TTAB, USPTO

My father-daughter time was wonderful in London when the news hit about the USPTO ordering cancellation of the six ”Washington Redskins” trademarks as disparaging to Native Americans. Thanks for your patience in waiting for my perspective on the subject — you know I’m thrilled if you know me well, if you know of my involvement in the… Continue Reading

IKEA översittare: Bully or Baloney?

Posted in Branding, Dilution, Domain Names, Fair Use, Famous Marks, First Amendment, Goodwill, Infringement, Marketing, Social Media, Trademark Bullying, Trademarks

I once spent 20 minutes trying to figure out whether I was installing a metal insert for an NYMÖ lamp upside down, or rightside up. I’m still not sure I ever installed it correctly, but it’s still working. So there. But a new IKEA översittare is getting a lot of attention on the internet, and… Continue Reading

Do You Love Paris Too, New York?

Posted in Advertising, Articles, Branding, Fashion, Infringement, Loss of Rights, Marketing, Trademark Bullying, Trademarks

Shopping with my daughter this past weekend on the Avenue des Champs-Élysées in Paris, on the way to the Arc de triomphe, we spotted this shop selling  “I ♥ Paris” merchandise: What do you make of this one, Tim, does it look familiar? I’m thinking Mike Masnick of Techdirt, given his trademark bullying perspective on the… Continue Reading

Karl the Infringer: Parody of New Balance Sneaks Up on Lagerfeld

Posted in Branding, Dilution, Famous Marks, Fashion, Infringement, Law Suits, Marketing, Patents, Product Configurations, Squirrelly Thoughts, Trademarks

A sense of humor and a little lack of respect:  that’s what you need to make a legend survive. -Karl Lagerfeld on his “winning formula” Sometimes there is a news story that neatly weaves a bunch of DuetsBlog posts together like a Bottega Veneta shoe fabric design.  Sometimes that story comes from hard-hitting news authority… Continue Reading

Rubber Hits the Road: Rust-Oleum Trademark Case Leaves TTAB for Minnesota Federal Court

Posted in Agreements, Articles, Civil Procedure, Infringement, Law Suits, Product Packaging, Trademarks, TTAB, USPTO

Lately we’ve been discussing more and more the difference between the right to register a trademark and the right to use a trademark. In many trademark disputes the perfect forum for an amicable resolution is the Trademark Trial and Appeal Board (TTAB) of the USPTO. The TTAB can be a cost effective forum for parties to achieve… Continue Reading

Gia Nother Wine Bottle Trademark

Posted in Articles, Branding, Food, Infringement, International, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks, USPTO

Combing through the USPTO’s recently approved non-verbal trademark registrations revealed this little gem with Francis Ford Coppola’s name on the label (but not claimed as part of the mark): Here is the USPTO drawing on the left, showing the claimed mark without any words or colors: So, besides claiming a broader scope of rights in… Continue Reading