When we mention confusion on DuetsBlog, we’re typically referring to the well-known likelihood of confusion test of trademark infringement. But today, we’re focused on the apparent confusion many have about the important question of: When copyright protection comes into being. If you ever have wondered whether something is or has been “copyrighted,” this
Steve Baird®
View my professional biography
Just so you know, I'm all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, “Who owns these brands” and “Did they really register those marks?” To understand the depth of my passion for brands and helping clients achieve their business goals, legally, you must understand that my interest in business and branding goes back to the late 1960s. The very first brand I recall profiting from was Jiffy®. Even before being old enough to deliver papers for the Iowa City Press Citizen, between episodes of Bewitched®, I would bake cupcakes and walk my finished product door-to-door, sampling along the way, of course, throughout our Kimball Road neighborhood, mostly selling them to husbands whose wives didn't bake enough (probably watching Bewitched®), according to them at least. One hundred percent profit margins are easy when you can use the necessary equipment and raw materials directly from Mom's kitchen. Mass producing "hot pads" (pot holders, not real estate) and selling them door-to-door was another favorite childhood business venture at the ripe age of six. Graduating to lawn-mowing age worked well with my paper routes because I could easily see who needed help cutting their grass and, in some cases, avoiding neighborhood ridicule. Yes, you're right, Dad loaned me his Lawn-Boy® mower on weekends, rent-free, and even bought the gasoline (Dad was not brand loyal at all with gasoline, so I have no brand memory there). Another pure profit opportunity. Let's just say that Mom and Dad were generous, unsecured investors in my development and future. Thanks Mom and Dad, I now understand the meaning of overhead and capital improvements! I bucked a lot of family tradition and jokes to become a lawyer and a trademark guru. There is not one lawyer in the family tree, as far as my sister knows (and she would know). Nearly everyone is, or was, a teacher of some kind. That must be where my passion for educating others about the legal implications of branding comes from. Basically, I have been speaking about the legal implications of branding since the early 90s, after permitting my pharmacist’s license to expire (after being a victim of an armed robbery where Dilaudid® was on the top of the gunman’s list of desired controlled substances), and shortly after working for an 86 year old federal judge whose chambers had a nice view of the White House in Washington, D.C. While I’d like to say that the movie My Cousin Vinny inspired me to become a lawyer, it was released two years after I graduated from law school. So, really, I guess it just inspired me to be a better lawyer and leader. For now, you can call me a “thought-leader” in the trademark world, and the thankful leader of a very talented group of creative and insightful lawyers and staff who are dedicated to putting our intellectual property clients in the best possible position to achieve their business goals. When I'm not in the office, "cracking the whip," making sure others in the group keep their bios on this blog short and sweet, working (which isn't to say I'm not still thinking about my clients' businesses), or soaking it up in the hot-tub with my soul-mate, I am a dedicated family man - a.k.a. the chauffeur. Until they reach the driving age, I'll continue to shuttle my four wonderful kids around to their athletic and other events, at which you can find me cheering in the stands.
Armstrong Lanced from Livestrong Identity
Brand New Blog recently reported on the unfortunate, but unsurprising piercing of Lance Armstrong’s name from the logo and visual identity of the Livestrong Foundation:
It is no longer about the man, but the mission — still a laudable one:
For more on the fall of Lance Armstrong and his once unstoppable personal brand, see…
Minnesota to Own “Trademark Bullies”
Minnesota is positioned once again to take legislative ownership of the “trademark bullying” debate. Putting aside the serious questions of whether new laws are needed and whether a state as opposed to a federal solution can have any meaningful impact, and despite the federal government’s recent focus on the perceived problem that ended…
Who Needs Hostess Anyway?
When you can have Little Debbie snack cakes instead:
Actually, recent news reports indicate that Little Debbie soon will be facing competition again from the new owner purchasing the Hostess brands in bankruptcy for $ 410 million.
With all the talk about Oz the Great and Powerful, I can’t help singing: “Ding dong…
Sheetz Flushing Subway’s Footlong TM Hope?
It has been almost six months since oral argument before the TTAB over the question of whether the word “footlong” is a trademark or a generic name for a type of sandwich. What type of sandwich you ask? One about twice as long as a six inch sandwich, let’s say about twelve inches in length,…
Duey is Four Today!
Now that we’re out of diapers and through the terrible twos, we’ve reached another milestone: Duey is four years old today.
This birthday kind of snuck up on us, so no plans for drinks on us today, in fact we’re buried in snow, so the INTA Roundtable (on the topic of Trademark Enforcement…
McDonald’s Trade Dress? State Farm is There.
Passing by a roadside billboard recently (below is a miniature version I found in the Minneapolis skyway system), my first thought was, wow, McDonald’s is getting into the juicy lucy business:
Until more focus revealed that State Farm Insurance is the one behind the ad. Look familiar?
No doubt burgers and car insurance are…
Crushing a Perfectly Good Brand Name?
Remember how important it is to stay on the right side of the suggestive/descriptive line when it comes to making proper use of a brand name?
We have cautioned about the danger of “taking a suggestive name, mark, or tag-line, and using it descriptively in a sentence on labels, packaging, ad copy, or the Internet,”…
Monster Cable Ordered to Pay Monster Daddy Attorneys Fees in Meritless Appeal
Techdirt has written extensively about why Monster Cable is considered “somewhat famous as a trademark bully.” Numerous comments to a TTABlog post reinforce this view.
One of the examples Mike Masnick over at Techdirt has highlighted is a TTAB case we handled for a Monster Cable victim a few years back, reported here, with…
BAND-AID, TM Death by a Thousand Cuts?
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:




