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Category Archives: Truncation

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BAND-AID, TM Death by a Thousand Cuts?

By on Posted in Advertising, Branding, Famous Marks, Genericide, Loss of Rights, Marketing, Trademarks, Truncation

If you were a Band-Aid brand adhesive bandage, and you were cut, would you protect yourself? Brent, sorry I couldn’t help myself, I’m still enjoying your Louis Vuitton waffle-maker post. With that intro, let’s turn another page to the Genericide Watch category, here at DuetsBlog: In focusing attention on the first item in the list shown above, to the… Continue Reading

Bits and Pieces of Brands = Trademarks

By on Posted in AlphaWatch, Branding, Food, Marketing, Product Packaging, Trademarks, Truncation, USPTO

  D + What = Diet Coke? Let’s file this brand truncation example under the AlphaWatch category, even though there is some other stuff going on here too. The rendition of the distinctive Diet Coke soft drink can to the left really popped for me, at the point of sale, positioned on a shelf behind the clear-glass door of… Continue Reading

Luxury Products Go Logo-less?

By on Posted in Branding, Counterfeits, Famous Marks, Truncation

–Susan Perera, Attorney Over a year ago, Steve and I authored a piece in the Minnesota Business Journal discussing two-faced brands, these are brands that use both a formal trademark and a less formal, often truncated, trademark. Since then we have seen many brands move away from their historical trademark uses towards shorter truncated trademarks… Continue Reading

Truncating an Underwear Brand: JK, JKY?

By on Posted in Advertising, Branding, Dilution, Famous Marks, Infringement, Marketing, Trademarks, Truncation, USPTO

As you know, we’ve spun a lot of fabric over the last few years on the topic of brand and trademark truncation. Marketers seem to love the informality, emotionality, and efficiency of truncated brand names. I suppose trademark types love them too, since they can have the tendency to spin off a variety of complicated legal issues — all… Continue Reading

Successful Evolution of an Unlicensed Business Model?

By on Posted in Agreements, Articles, Branding, Contracts, Fair Use, First Amendment, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Trademarks, Truncation

Brand owners and managers may wonder, is a trademark license required when another’s unregistered color scheme is used? Depending on the facts, it may very well be. About four years ago brand owners scored a major victory in LSU v. Smack Apparel, when the Fifth Circuit Court of Appeals agreed to the existence and successful enforcement of… Continue Reading

KFC’s FLG, A Finger Lickin’ Good Trademark Truncation?

By on Posted in Branding, Famous Marks, Food, International, Marketing, Trademarks, Truncation, USPTO

It is not a secret (recipe or otherwise) that Kentucky Fried Chicken became KFC to more easily (through truncation in branding) communicate an expanded menu and a healthier approach to fast food. We’ve even wondered whether KFC eventually may bow to an image of the Colonel with no words, as a non-verbal logo, as so many others have… Continue Reading

i am ben

By on Posted in Branding, Marketing, Trademarks, Truncation

The ben of today’s post is not one of the many celebrities having the name, a truncated version of any number of other product and service brands, such as Bengay, Ben & Jerry’s, Ben Franklin, Benihana, or even dear old Uncle Ben. Today we’re talking paint, and this paint brand has at least two things going on here:… Continue Reading

Exposing the Two-Face Brands (World Trademark Review)

By on Posted in Branding, Marketing, Trademarks, Truncation

Let’s just say, I’m honored for the privilege of having my writing and article about trademark truncation and two-faced brands published and featured in the prestigious and influential World Trademark Review magazine: "While there are many successful examples of brand truncation, for both marketing professionals and trademark counsel the decision to create alternative faces for existing marks is one… Continue Reading

A Few Trademark Grammar School Facts

By on Posted in Copyrights, Genericide, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Trademark Bullying, Trademarks, Truncation

Any recent graduate of trademark grammar school knows, at least, the following twenty facts (perhaps there is, at least, one opinion among them): A trademark identifies, distinguishes, and indicates the origin of goods; A trademark should be searched and cleared before adoption and first use; A trademark needs a trademark attorney to take a position on availability; A trademark… Continue Reading

More on Exposing Two-Face Brands

By on Posted in Branding, Marketing, Trademarks, Truncation

This past summer, as you may recall, I wrote a DuetsBlog post entitled Exposing Two-Face Brands. Susan Perera helped me expand this post to be featured in the January issue of Minnesota Business Magazine. The online version of the expanded article can be found here. Enjoy and please share your thoughts and perspectives.

Trademark Truncation Alert: B1G

By on Posted in Branding, Domain Names, Trademarks, Truncation

The New Year will be ringing in a brand new trademark truncation, ironically caused by a recent expansion. Just so you know, it’s not a new type of Gatorade (G01, G2, and G03), excuse me, G. So, what can this latest trademark truncation represent?   Apparently, the truncating trademark owner has not yet secured the most obvious domain,… Continue Reading

GeeWhiz: Another Edition of Trademark AlphaWatch

By on Posted in Advertising, AlphaWatch, Branding, Food, Guest Bloggers, Marketing, Trademarks, Truncation

In this edition of AlphaWatch, it appears another major brand owner is flirting with truncation and wants to be g too (of course, not to be confused with G2 or even G for that matter), despite the fact that the products associated with each brand might be considered complementary (assuming you’re looking to break a sweat): So,… Continue Reading

Taking Branding Cues from Q in the Single-Letter Trademark Queue

By on Posted in Advertising, Branding, Food, Marketing, Trademarks, Truncation

Welcome to another edition of AlphaWatch (the next one in our queue), where we explore the reach of single-letter trademarks, this time focusing on the letter Q and the single-letter branding cues it might suggest to consumers: Are you able to name the un-truncated version of this single-letter mark and brand? My daughter could. The answer is… Continue Reading

Did You Get the Memo, Less is More?

By on Posted in Advertising, Almost Advice, Branding, Marketing, Product Packaging, Trademarks, Truncation

A couple of days ago, Brandweek featured an interview of Peter Clarke, CEO and founder of Product Ventures, a Fairfield, Connecticut design firm that has created packaging for Heinz, Folgers and Febreze, among other brands: Brandweek: You believe that packaging has become simpler of late. Can you describe what you mean by that? Peter Clarke:… Continue Reading

Gatorade-Powerade False Advertising Case Resolved, For Now

By on Posted in Advertising, Agreements, AlphaWatch, Branding, Dilution, Famous Marks, Food, Law Suits, Marketing, Truncation

       You may recall the Gatorade v. Powerade false advertising lawsuit filed by a Pepsico entity (Stokely-Van Camp, Inc.) against rival The Coca-Cola Company back in April, discussed here (with a copy of the complaint). You also may recall how G scored an F in the courtroom, back in August, losing a hotly contested motion for… Continue Reading

Double Negatives in Branding: Nobody Doesn’t = Everybody Does?

By on Posted in Advertising, Branding, Food, International, Marketing, Television, Trademarks, Truncation

There is a time and a place for the use of double negatives. The Rolling Stones made the double negative "I Can’t Get No" lyrics famous in the legendary hit Satisfaction (#2 on Rolling Stone Magazine’s List of the Top Songs of All Time). Pink Floyd made the double negative lyrical phrase "We Don’t Need No" famous in the song Another Brick in The… Continue Reading

Alpha Watch: Li’l “a” Goes to the “e” Market

By on Posted in Advertising, AlphaWatch, Branding, Marketing, Trademarks, Truncation

The single-letter branding and trademark truncation trend continues. Can you name the retailer selling online gift cards sent by e-mail, using no other identification besides the li’l "a" shown here? Does this li’l "a" logo with a radish inside help? How about these, do they help?   Well, just so you know, it’s not this retailer: 

A Shack by Any Other Name…

By on Posted in Advertising, Branding, Guest Bloggers, Marketing, Trademarks, Truncation

RadioShack recently introduced a new name, rebranding its stores "The Shack", which now adorns their retail environment and marketing efforts. The change was prompted by a desire to update the 88-year-old brand as they transition to mobile phone and wireless products without losing brand equity and mind-share, according to RadioShack. As Dan Neil of the Los… Continue Reading

G gets an F in the Courtroom: The Gatorade v. Powerade Case

By on Posted in Advertising, AlphaWatch, Dilution, Fair Use, Famous Marks, Food, Law Suits, Marketing, Trademarks, Truncation

              VS.            Almost four months ago now, I blogged about the filing of the Gatorade v. Powerade false advertising and trademark dilution lawsuit, here. At the time, some called Gatorade’s false advertising claims "dubious" and others chided Gatorade for biting Powerade’s bait to file suit. Advertising Age has now reported about the… Continue Reading