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Category Archives: Smell

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The Smell of Fear

Posted in Branding, Guest Bloggers, Marketing, Non-Traditional Trademarks, Smell, Touch

—Aaron Keller, Principal at Capsule During this time of year there are plenty of fright “experiences” where you can drag a loved one into a heart thumping confrontation of fear. These experiences are elaborately designed and those who attend know the rules, like “this one doesn’t allow the characters to touch you.” Apparently others do… Continue Reading

Baird on Branding & Trademarks

Posted in Advertising, Almost Advice, Branding, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Smell, Sound, Taste, Touch, Trademarks

There aren’t too many things I enjoy more than speaking about the legal implications of branding. Our friends at BlackCoffee captured a talk I gave to a group of marketing types a while back, on black and white film (thank goodness), and they have graciously posted a 34 minute excerpt, here. Some of the topics I… Continue Reading

A Dickensian Portrait of Christmas Day

Posted in Advertising, Food, Goodwill, Marketing, Mixed Bag of Nuts, Sight, Smell, Sound, Taste, Touch

–Dan Kelly, Attorney I’ve often thought that copy writers could do worse than to make a close study of some of Charles Dickens’ work.  Perhaps too wordy a model for most copy, especially advertising and marketing copy, but he could paint a picture with words. [T]he people who were shovelling away on the housetops were… Continue Reading

Brand Signals: The Building Blocks of Brand Identity

Posted in Branding, Guest Bloggers, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Smell, Sound, Taste, Touch, Trademarks

Brands communicate with the world through a series of message delivery systems such as broadcast advertising, web sites, company representatives and product interaction. These systems utilize brand signals to communicate. While these signals commonly take the form of brand names and logos, they can also extend into sight, sound, touch, taste, smell or even action… Continue Reading

Non-Traditional Trademarks Revisited: Feel Me, Touch Me

Posted in Advertising, Branding, Copyrights, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Smell, Sound, Taste, Touch, Trademarks

Tommy has a lot to offer in advancing the recognition of certain kinds of non-traditional trademarks, especially touch marks. Yes, The Who’s tune from the Tommy Soundtrack "See Me, Feel Me / Listening to You" repeats these lyrics over and over: "See me, feel me, touch me, heal me."

Touch Trademarks and Tactile Brands With Mojo: Feeling the Strength of a Velvet, Turgid, Touch Mark?

Posted in Advertising, Branding, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Smell, Sound, Taste, Touch, Trademarks

Let’s revisit the topic of non-traditional "touch" trademarks today. Of all the traditional five human senses (sight, hearing, taste, smell, and touch) and trademarks that can be perceived by one or more of those senses, touch, a/k/a tactile, a/k/a texture trademarks are just about as uncommon as any (taste, perhaps, being the least common). Indeed, back in 2006, Marty Schwimmer from The Trademark Blog… Continue Reading

The Paradox of Brand Protection: Knowing When to Hit the Consumer Over the Head

Posted in Branding, Law Suits, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Smell, Sound, Taste, Touch, Trademarks

I often remind branding professionals that trademark law rewards their creativity. Some seem to perk up with this subtle encouragement. After all, everyone likes to be rewarded, right? Well, one of the unobvious rewards for creativity comes in the prompt timing of when trademark ownership begins. Being able to own and enjoy exclusive rights on… Continue Reading

Brands & Trademarks: Giving New Meaning to the Phrase “Stimulus Package”

Posted in Advertising, Branding, Non-Traditional Trademarks, Sight, Smell, Sound, Taste, Touch, Trademarks

There is certainly a lot of buzz in the news these days about “Stimulus Packages” and how they might be utilized around the globe to spur economic growth and permit us all to resume our active pursuit of prosperity. Let us not forget that a brand (and the underlying trademarks that provide for the legal protection… Continue Reading