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Category Archives: Touch

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Touch Trademark Update

Posted in Articles, Non-Traditional Trademarks, Product Packaging, Touch, Trademarks, USPTO

‘Tis the Season for billboard ads like this, sorry Nancy. Anyway, it reminded me of a very early post of mine on touch trademarks, here on DuetsBlog. That early blog post noted Diageo’s federally-registered purple bag non-traditional trademark, and that a third party had slipped in at the USPTO to federally register a velvet touch… Continue Reading

Inspiration for a Non-Traditional Trademark?

Posted in Branding, Guest Bloggers, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Touch, Trademarks

What an honor it was to be part of the 2013 Dieline Package Design conference at HOW Design Live, last week in San Francisco, thanks again for the opportunity Andrew! The Editor’s Choice winner for the 2013 Dieline Package Design Awards is Method’s visually stunning Ocean Plastic Dish and Hand soap container, shown to the left, and… Continue Reading

Apple and Google Set to Litigate Their Patents in the Court of Market Opinion

Posted in Fair Use, Famous Marks, Guest Bloggers, Infringement, Law Suits, Mixed Bag of Nuts, Patents, Search Engines, Technology, Touch, Trademarks, USPTO

- Jason Voiovich, Director of Corporate Marketing, Logic PD Last week, the US Patent and Trademark Office conferred upon Apple the Excalibur of intellectual property: The GUI patent that covers the general operation of today’s smartphone and tablet universe.  Officially, it is patent 8,223,134 and you can read all about it here, or in excruciating… Continue Reading

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

Touchmarks, Trademarks & Tixels

Posted in Branding, Marketing, Non-Traditional Trademarks, Touch, Trademarks

Augmented Legality writes: "Soon, technologies that augment our sense of touch may lead to a rush of trademark applications seeking to protect a wide variety of artificial textures." Brian Wassom goes on to identify an interesting new technology being promoted by Senseg, a Helsinki-based company that apparently knows a lot about tixels (tactile pixels): "Senseg E-Sense makes use… 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

Sleight of Hand? Kimberly-Clark Amends Sensory Touch Mark to Packaging Design Mark

Posted in Branding, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Touch, Trademarks

As you may recall from March of this year, we blogged about Kimberly-Clark’s novel intent-to-use trademark application for a "sensory, touch mark" in connection with disposable paper hand-towels. Other discussions of sensory, touch marks may be found here.  In any event, the original description of the claimed Kimberly-Clark trademark was as follows: "The mark consists of… Continue Reading

A Trademark Touch: Owning and Protecting Touchmarks

Posted in Advertising, Branding, Food, Marketing, Non-Traditional Trademarks, Product Packaging, Touch, Trademarks

The October/November issue of Brand Packaging magazine just hit the streets and I’m deeply honored to say that my piece entitled "A Trademark Touch: Strategies for Owning and Protecting Touchmarks" is this issue’s "cover story" (minus the skull and crossbones). The digital version can be read here. I hope you find it eye-opening in a… Continue Reading

One Risqué of a Bawls-to-the-Wall Marketing Style?

Posted in Advertising, Branding, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Touch, Trademarks

Have you ever experienced or observed marketing styles that might be fairly described as high-octane, fast-paced, or perhaps, so hopped-up on Red Bull® or some other energy drink, there is simply no time for meaningful collaboration, much less careful, proactive, strategic thinking or planning? Perhaps a fun, exhilarating experience, but what are the consequences? If you have, as you might know first hand… 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

Kimberly-Clark and The Color Purple: Keeping Trademark Scope Current and Consistent with Business Scope

Posted in Branding, Non-Traditional Trademarks, Product Packaging, Sight, Touch, Trademarks

Kimberly-Clark® is no stranger to securing federal registrations for its various non-traditional trademarks. No doubt, these unconventional trademark assets are of great commercial value and an important part of K-C’s evolving business strategy and intellectual property portfolio. My previous post about the oval-shaped facial tissue container K-C was able to federally register in November 2007 is linked here. That… Continue Reading

“Shift the Conversation”

Posted in Branding, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Sound, Touch

–Sharon Armstrong, Attorney Full disclosure: I am a huge fan of Method products. They are non-toxic, smell good, they come in the kind of stylish product packaging that you can display on any countertop, and they work. So it should come to no surprise that Method is a brand with fans. What other manufacturer of toilet bowl cleaner… Continue Reading

Understanding the Critical Role of the “Brand” in Product Packaging

Posted in Advertising, Guest Bloggers, Marketing, Sight, Touch, Trademarks

Building a packaging brand seems simple at the outset. The only problem is you have to understand what the consumer wants and expects in their product packaging. That consumer is on the move too. They are time crunched, overworked and overwhelmed with information and even worse you have only 2.6 seconds to convince them to… Continue Reading

Touchy Trademarks

Posted in Famous Marks, Genericide, Look-For Ads, Non-Traditional Trademarks, Product Packaging, Touch, Trademarks

When are trademarks touchy? Ask the good people at Kimberly-Clark®.  One example might be when they are risky to use because of the prior rights of another. This “touchy” example is not unique to Kimberly-Clark®, of course, it is known to anyone who has been through the naming process, and as Aaron Keller of Capsule… 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