As we approach the end of the year, we thought it might be a good opportunity to take a brief trip down memory lane, to identify, remind you of, and/or introduce you to what appear to be some of the most popular DuetsBlog posts during 2010 (ordered by date, not by popularity):
Look what the email spam filter snagged for the holidays:
As you may recall, this isn’t the first time we’ve seen iPad brand bait email solicitations. Back when they first appeared, the ownership of the iPad name was unsettled, but since then, it appears Apple has secured federal registration of the iPad brand name and trademark, at least, for a
The Grand Marshal in the Parade of Horribles, at least for some trademark types, is the one who forbids any deviation from the absolute "rule" against using brand names and trademarks as nouns or verbs, a standard "rule" commonly found in trademark use guidelines (only permitting the use of trademarks as adjectives). As I have written
The answer is, apparently not. This falls under the category of, some things aren’t what they seem to be, or maybe they are just that, so let me try to explain.
Blog posts don’t always turn out the way you might think at the start, and this one is a perfect example of how they can
Do you suppose that the Mall of America ever thought about its brand name being associated with a "roof collapse" when it signed on and paid for the naming rights at the aging Mall of America Field, the nearly thirty year old inflatable indoor venue "formerly known as" the Hubert H. Humphrey Metrodome, located in Minneapolis
Another interesting trademark case was filed last Thursday in Minnesota federal district court, captioned Rolex Watch U.S.A., Inc. v. Associated Partnership Ltd., d/b/a Rollx Vans and d/b/a www.RollxVans.com. Here is a pdf of the Complaint and the attached Exhibit.
The crowned plaintiff really needs no introduction. On the other hand, the
What is the difference between a semiconductor computer chip maker and an electrician?
Not much, at least when both have the word “intel” in their business names, according to a Complaint (complete with Exhibits) filed last Thursday in Minnesota federal district court, by Intel Corporation a/k/a Chipzilla, against a pair of
Because, we plan to be here a while longer . . . .
As DuetsBlog approaches the legal drinking age (whoops, I guess we’re only about 21 months old, not years, sorry), we’d like to pay special thanks to our guest bloggers, our loyal readers, our friends who spread the word through their tweets and in other ways, and especially
Actually, not just the Seventh Circuit Court of Appeals (governing appeals from the federal district courts in Illinois, Indiana, and Wisconsin), but the Seventh Circuit is the most recent to reaffirm that our current legal system does, in fact, provide protection against real “trademark bullies” — and more generally — those who abuse
Would it surprise you to learn that not all trademark types are created equal? I didn’t think so. Like any profession, some of the professionals are better and more gifted than others. A few are much better. And, if bell curves have any application here, a few are much worse too.
In the inaugural post for DuetsBlog, last March, we introduced a type of trademark attorney known as "Dr. No," and we discussed how he or she likes to focus on the "Parade of Horribles" instead of creative solutions to difficult and important problems:
The underlying personal brand promise for this lawyer is to say “no,” early and often, believing an enormous hourly rate is still justified by citing a multitude of technical and valid legal reasons in support of the unhelpful answer. He is obsessed with saluting to the Parade of Horribles. He is typically part of the problem, not the solution. Perhaps repeated frustration with this kind of Dr. No is what motivated one cartoonist to brand (uh, jab) the “trademark attorney” as “the most basic figure," at least in the world of Art.
Avoiding the "Dr. No" moniker and mindset should not be the only goal of trademark types. There is clearly room for improvement in our profession in other areas too.
Gather ’round, it’s time to meet J.D. Waffler.Continue Reading J.D. Waffler: The Art of Taking a Position
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