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Duets Guest Blogger

Posts by Duets Guest Blogger

Good Translation/Bad Translation

Posted in Advertising, Almost Advice, Branding, Guest Bloggers, Mixed Bag of Nuts, Product Packaging, Squirrelly Thoughts

-Mark Prus, Principal, NameFlash Name Development When you finally identify a name for your business, product or service, you must conduct proper due diligence to ensure that you have a legal right to use the name. Trademark searches are mandatory and I’d strongly recommend talking to a great trademark attorney. A little upfront time and money… Continue Reading

Artificial Intelligence Update: How About These Tomatoes!

Posted in Advertising, Guest Bloggers, Marketing, Mixed Bag of Nuts, SoapBox

-Mark Prus, Principal, NameFlash Name Development About 6 months ago I wrote a blog post about the future of name development and the use of Artificial Intelligence to name things. I also made a prediction that AI was going to get better and better as it practices name development. Since that time, AI is getting better… Continue Reading

Showcase Design and Vampire Video

Posted in Advertising, Almost Advice, Branding, Guest Bloggers, Look-For Ads, Marketing, Mixed Bag of Nuts, SoapBox

–James Mahoney, Razor’s Edge Communications Recently, I came across a snappy-looking website with unconventional design for a small consulting company. It’s cleverly done, easy to navigate, and appears to have good information. I say “appears to have” because there’s one slight problem: it’s challenging to read it. The design motif has small white type on large… Continue Reading

Familiarity Breeds Content, or The Power of Fait Accompli

Posted in Advertising, Almost Advice, Guest Bloggers, Look-For Ads, Marketing, Television

–James Mahoney, Razor’s Edge Communications Awhile ago, I wrote about how casting decisions almost always make someone cranky. Lately I’ve been seeing lots of commercials that speak to the flip side of the crankiness factor. Creative teams are always on the lookout for ways to connect with the zeitgeist. Most of the time, if you see… Continue Reading

Why DIY Branding Is A Bad Idea

Posted in Advertising, Almost Advice, Branding, Guest Bloggers, Mixed Bag of Nuts, SoapBox, Social Media

-Mark Prus, Principal, NameFlash Name Development A lot of entrepreneurs launch businesses behind a name they developed on their own. I get the fact that the name of the startup is intensely personal for the founders. Also money is tight in a startup and spending money to develop a name and do trademark research on it… Continue Reading

We Are Farmers…Dum Da Dum…

Posted in Advertising, Articles, Guest Bloggers, Keyword Ads, Look-For Ads, Marketing, Mixed Bag of Nuts, Television

–James Mahoney, Razor’s Edge Communications Admit it, when you saw the headline, many of you finished the jingle featured in Farmers Insurance TV commercials. Farmers has a great campaign going. Geico has a good campaign going. Both are entertaining. First, Farmers: Their “Hall of Claims” series, developed by RPA, showcases weird situations that Farmers has paid… Continue Reading

The Hidden Section 2(f) Claim

Posted in Articles, Guest Bloggers, Mixed Bag of Nuts, Patents, Squirrelly Thoughts, Trademarks, USPTO

-Wes Anderson, Attorney Hello (again) DuetsBlog! Readers may have noted my recent absence from the blog. I recently embarked on a new stage of my career as in-house corporate counsel, and Steve gave me the opportunity to contribute as a guest blogger. Even in my in-house role, I remain a trademark law hobbyist. One of… Continue Reading

Is Artificial Intelligence The Future of Branding?

Posted in Almost Advice, Branding, Guest Bloggers, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts

-Mark Prus, Principal, NameFlash Name Development Janelle Shane is a research scientist who likes to play around with neural networks. Recently she’s been having fun investigating whether neural networks can replace traditional means of creative development. As a professional name developer, I’m watching her work closely because I’ve been told that my chosen career is about to… Continue Reading

The Long and Short of Good Ads

Posted in Advertising, Almost Advice, Branding, Guest Bloggers, Look-For Ads, Marketing

–James Mahoney, Razor’s Edge Communications Recent travel on Aer Lingus and a perusal of The Boston Sunday Globe brought two very good ads to my attention. The first, which ran in the Aer Lingus on-board magazine, is a terrific marriage of great concept and excellent execution plus situational relevance: you’re on a plane on your way… Continue Reading

A Kind Demand Letter? Stranger Things Have Happened (Apologies)

Posted in Advertising, Branding, Infringement, Marketing

-Wes Anderson, Attorney Chicago pop-up bar “The Upside Down” rode a wave of popularity program all the way to Netflix’s legal department. And that’s where things took an unexpected turn! Okay, that lede could probably be less obviously playful. You might say the same thing about Netflix’s cease-and-desist letter to the operators of “The Upside Down.” Featuring… Continue Reading

The Five-Finger Copyright Discount

Posted in Audio, Copyrights, Fair Use, False Advertising, Guest Bloggers, Infringement, International, Loss of Rights, Social Media

–James Mahoney, Razor’s Edge Communications Recently violinists Rhett Price and Shiva Chaitoo got two very different lessons on the downside of posting performances on the Internet. According to an article in The Boston Globe, a fan of Price alerted him to a video of Chaitoo’s playing. Turns out, Chaitoo was pulling a Milli Vanilli, fingering his… Continue Reading

PSL® Season Is Upon Us

Posted in Advertising, Branding

-Wes Anderson, Attorney Exult, lovers of autumn and decorative gourds – the air is crisp and the leaves are changing. And, in the treasured annual tradition, this week marked the release of Starbucks’ Pumpkin Spice Latte – or PSL® as they may prefer to call it. In the spirit of the season, I sought to see… Continue Reading

Going Bananas Over the Eclipse

Posted in Advertising, Famous Marks, Food, Guest Bloggers, Look-For Ads, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts

–James Mahoney, Razor’s Edge Communications As I perused The New York Times on Sunday Aug. 20th, Chiquita Banana burst forth amid all the brouhaha reporting with a full page of the best ad I’ve seen in a long time. I feel sorry for those who missed it, because most of us can use a good belly… Continue Reading

Hello, My Name Is Dave

Posted in Almost Advice, Branding, Guest Bloggers, Marketing, Mixed Bag of Nuts, Product Packaging

-Mark Prus, Principal, NameFlash Name Development Mark Cuban held a variety of jobs in his youth including selling garbage bags door-to-door and being a bartender, a disco dancing instructor, and a party promoter. But one thing that frustrated him was bank overdraft fees. Now he’s helping to fund an app that claims it can help people… Continue Reading

Titleist Trademark Tarnishment?

Posted in Advertising, Branding, Dilution, Famous Marks, Fashion, First Amendment, Squirrelly Thoughts

-Wes Anderson, Attorney During today’s first round of the Open Championship at Royal Birkdale, many a golf ball bearing the famous TITLEIST cursive script will be lofted into the heavens – meanwhile, back on the ground, the brand’s owner is attempting to stamp out a lewd parody of its trademark. An online golf apparel company,… Continue Reading

Sorry Justice Alito, “The Slants” is Not Okay

Posted in Branding, Famous Marks, First Amendment, Guest Bloggers, Law Suits, Mixed Bag of Nuts, Trademarks

– Jason Voiovich, Virtual Chief Marketing Officer, Vojvdec & Sigma According to the unanimous ruling by the US Supreme Court handed down last month, failing to allow registration of trademarks such as the “Redskins,” “Fighting Sioux” and “The Slants” violates the free speech clause of the First Amendment to the US Constitution. Writing for the… Continue Reading

You Get A Golden Ticket! You Get A Golden Ticket!

Posted in Advertising, Almost Advice, Branding, Famous Marks

-Wes Anderson, Attorney Now that the Fourth of July has come and gone, the bigger holiday is approaching – at least for Chicagoland expatriates in the Twin Cities. That’s right, next week marks the grand opening of Portillo’s Hot Dogs in Woodbury, Minn. For those not aware, Portillo’s is a chain of Chicago-style hot dogs,… Continue Reading

The Dilution Delusion?

Posted in Dilution

-Wes Anderson, Attorney I hesitate to add to the fallout from Matal v. Tam, the Supreme Court’s decision last week invalidating the disparagement clause of Section 2(a) of the Trademark Act. That said, here I go. Many trademark practitioners, separate and apart from their reaction to the decision itself, now ask “where do we go from… Continue Reading

The Missing Apple Trademarks

Posted in Articles, Branding, Famous Marks, Marketing, Squirrelly Thoughts, Technology, Trademarks

-Wes Anderson, Attorney Far be it from me to criticize a company hoarding over $250 billion in cash reserves – but, hey Apple, why aren’t you filing trademark applications? Perhaps no company’s IP portfolio is of greater interest to the general public than Apple, Inc.’s colossus. (If you disagree, find me another website dedicated solely… Continue Reading

Change Your Name Already!

Posted in Advertising, Almost Advice, Branding, Domain Names, Guest Bloggers, Marketing, Mixed Bag of Nuts, Product Packaging, SoapBox

-Mark Prus, Principal, NameFlash Name Development I sometimes get asked by prospective clients if they should change their name, and I help them evaluate if a change is necessary. But sometimes there are stubborn companies who persist in marketing a name that is not right. Overstock.com is a prime example of this behavior. In early… Continue Reading

The 50% Solution

Posted in Almost Advice, Branding, Guest Bloggers, Mixed Bag of Nuts, Product Packaging, Squirrelly Thoughts

–James Mahoney, Razor’s Edge Communications Years ago, I was washing my hands in the office men’s room. Next to me was a wheelchair-bound guy washing his at the appropriately lower sink. I was thinking that the lower sink was a good idea when I noticed that the paper towel dispensers were all at “regular” height…. Continue Reading