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Category Archives: Sight

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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

Take Down for “Chinatown”?

Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Infringement, Sight, Trademarks

Famous brand owners, take note: a Turkish artist and designer named Mehmet Gozetlik recently released “Chinatown,” a mesmerizing series of photographs in which neon lights depict famous design marks, with the word mark replaced by its generic wording in Chinese.  Is your brand one of them? The Pepsi logo, for example, has been recreated in… Continue Reading

Lights Shining On Configuration Trademarks?

Posted in Articles, Branding, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks, USPTO

As our loyal readers know, we love bringing non-traditional trademarks within your sights for consideration, even if they’re hanging from the ceiling, so here’s another to explore:                   The claimed mark is described as “a three-dimensional configuration of a chandelier having three sides and 10 globes. The… Continue Reading

Anticipating Super Bowl L: A Branding Loser?

Posted in Advertising, Articles, Branding, Famous Marks, Infringement, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks

Now that Super Bowl XLIX is in the rear view mirror, and the New England Patriots have been duly congratulated for winning anything but a Mediocre Bowl, for those of us with no pigskin in the big game this year, it’s time to think about the possible magic of Super Bowl L. Wait what? Is… Continue Reading

Apple Turnover Trade Dress Totally Flipped

Posted in Articles, Food, Law Suits, Loss of Rights, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks, USPTO

As if we all haven’t already indulged a little too much over the holidays, we chose our first day back to write about non-traditional trademark protection for the configuration of single-serving apple pie pastries. It’s OK, don’t worry, if the Blossom pastry to the left is tempting, you always can get back on track tomorrow!… Continue Reading

A December for Configuration Trademarks?

Posted in Articles, Branding, Food, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Sight, Trademarks, USPTO

Every now and then it’s worth checking in at the USPTO to see what’s cooking in the world of non-traditional product configuration trademarks: As it turns out, the Big Green Egg is seeking to be more than a word mark — two days before Christmas, a federal trademark application was filed for the product shape… Continue Reading

No IP Holes in this Crystal Head

Posted in Advertising, Articles, Branding, Food, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Product Packaging, Sight, Trademarks, USPTO

We’ve spilled a lot of digital ink here over the past several years discussing the protection of non-traditional trademarks. We’ve also written about the importance of layering various intellectual property rights (trademark, copyright, and patent) to accomplish the competitive goals of a business. And, we’ve enjoyed writing about non-traditional vodka branding here and here. Today,… 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

When is a Flavor/Taste Trademark Possible?

Posted in Articles, Food, Infringement, Law Suits, Non-Traditional Trademarks, Sight, Taste, Trademarks, TTAB, USPTO

Are your intellectual taste buds craving more discussion of non-traditional trademarks? It’s not every day we have the opportunity to write about a restaurant’s claimed trademark protection for the flavor or taste of certain food dishes and a restaurant’s claimed trade dress in the chef’s unique plating or visual presentation or appearance of certain food… Continue Reading

Gibson Guitar Facing 15 Trademark Opposers

Posted in Articles, Audio, Genericide, Loss of Rights, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks, TTAB, USPTO

A brand owner’s non-traditional trademark application will sometimes gain the critical attention of multiple direct competitors. Gibson Guitar’s unlucky number is apparently fifteen. Last Thursday, Gibson’s guitar configuration application shown to the right and below was opposed by far more competitors than it has strings on the above ebony Gibson ES-339 Studio Electric Guitar: U.S…. Continue Reading

Bottega Veneta Unties a Trademark Knot

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

It is easy for some to get all tied up in knots at the USPTO when facing challenging grounds for refusal against federal registration of a claimed non-traditional trademark. Not Bottega Veneta. Last week the Swiss-owned fashion house and luxury brand was able to persuade the USPTO to approve for publication the three dimensional knot… Continue Reading

When it Feels Like “Look For” Advertising, How About a Little Follow-through?

Posted in Advertising, Almost Advice, Articles, Branding, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks

As we head into the weekend, I thought I’d leave you with a Culver’s ad that feels like “look for” advertising: We’ve spilled a lot of digital ink on the topic of how “look for” advertising greatly enhances a brand owner’s ability to federally register non-traditional trademarks. Now, if Culver’s would only follow-through and seek… Continue Reading

Will Montana-Based Victory Energize Win Its “Trademark Bully” Charge Against Monster?

Posted in Articles, Branding, Dilution, Famous Marks, Food, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademark Bullying, Trademarks

Last week more allegations of “trademark bullying” appeared in the headlines. This time, Victory Energize, an energy drink company based in Missoula, Montana, is calling out Monster Energy for sending a cease and desist letter to Victory. Monster’s demand letter is said to charge Victory with infringement of Monster’s distinctive trade dress. So, what say you?… Continue Reading

How Many Hours of Energy Do You Need to Protect a Brand?

Posted in Branding, Fair Use, Famous Marks, Guest Bloggers, Infringement, Law Suits, Marketing, Mixed Bag of Nuts, Product Packaging, Sight, Trademark Bullying, Trademarks

- Draeke Weseman, Weseman Law Office, PLLC The reason Bhargava has won is that he plays tough. Sitting in that cemetery are a dozen or so neon copycats with names like 6-Hour Power and 8-Hour Energy. Each has been sued, bullied or kicked off the market by Living Essentials’ lawyers. In front of each are… Continue Reading

It’s no secret that the future of PINK for Victoria in Europe is anything but rosy

Posted in Branding, Famous Marks, Fashion, Guest Bloggers, Infringement, International, Law Suits, Loss of Rights, Mixed Bag of Nuts, Sight, Trademarks

Simon Bennett, partner and Rachel Cook, associate Fox Williams LLP Victoria’s Secret is likely to be feeling less than angelic following its recent defeat in the UK Courts. The problem? PINK.  PINK is Victoria’s Secret’s entry level brand, aimed at attracting younger customers to Victoria’s Secret, who will ultimately graduate to PINK’s more grown up… 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

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

Owning a New Look Through Advertisements

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

We’ve spilled a lot of digital ink on the importance of “look for” advertising when a brand owner wants to legally own a non-traditional trademark like a single color, or perhaps the shape of a product, or even product packaging or containers, among other potential non-traditional marks. So, when I discovered three billboard ads within… Continue Reading

Fair Use of GM’s Corvette Stingray?

Posted in Advertising, Articles, Branding, Contracts, Fair Use, Famous Marks, Genericide, Goodwill, Infringement, Loss of Rights, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Sight, Trademarks, USPTO

While filling up my gas tank at our local Costco last week I coudn’t resist capturing this photo of pump signage to ask our dear readers a few pointed questions: Is there any doubt that the automobile depicted in the Costco advertisement is a Corvette Stingray? If so, HiConsumption should resolve any lingering questions. How did… Continue Reading