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Duets Guest Blogger

Posts by Duets Guest Blogger

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

TICK DIFFERENT – But Apparently Not All That Different?

Posted in Advertising, Branding, Dilution

-Wes Anderson, Attorney The irony of trademark clearance – even if a trademark espouses a unique message, it may not be all that unique. Swiss watchmaker Swatch AG finds itself embroiled in another trademark dispute with Apple, Inc. – this time, for the trademark TICK DIFFERENT. Swatch applied for the trademark in Switzerland, which Apple… Continue Reading

HAVANA CLUB: The Rum’s Back on Ice

Posted in Agreements, Branding, Counterfeits, Famous Marks, Food, Law Suits, TTAB, USPTO

-Wes Anderson, Attorney Last year, I blogged about the decades-long dispute for the HAVANA CLUB trademark in the United States. Nearly ten months later, well, its spirit lives on. To briefly recap: in one corner, Empresa Cubana Exportadora, an arm of the Cuban government, owns a registration for the HAVANA CLUB trademark. In the other corner,… Continue Reading

Don’t Get TRUMPed By a First-Filer

Posted in Almost Advice, Branding, Infringement, Loss of Rights, Trademarks

-Wes Anderson, Attorney Reading over this story on Donald Trump’s decades of headaches (and conveniently-timed successes) with the TRUMP trademark and the Chinese Trademark Office, I was reminded, as I always am, of the importance of filing federal trademark applications. The examination process for Trump’s marks in China, and the Chinese trademark enforcement regime generally,… Continue Reading

Likelihood of Confusion at Its Most Blatant

Posted in Advertising, Branding, Food, Squirrelly Thoughts

-Wes Anderson, Attorney Imagine my surprise and amusement to find a recent shipment of wine included a very interesting red blend. The bottle featured a name that would make any trademark lawyer do a double-take: That’s LIKELIHOOD OF CONFUSION wine, 2015 vintage (a good year for consumer confusion). Of course, the wine itself invites confusion, as… Continue Reading

Checking in on Sony’s “Lens-Style Camera” Application

Posted in Advertising, Branding, Non-Traditional Trademarks, Product Configurations, Trademarks

-Wes Anderson, Attorney Way back in 2015, I blogged about an interesting non-traditional configuration mark application from Sony for its QX100 “Smartphone Attachable Lens-Style Camera” with the PTO. Here we are nearly two years later, and Sony’s battle continues. As expected, the USPTO has refused registration of Sony’s mark on two main fronts: the functionality of… Continue Reading

The Toughest Challenge in Market Communications

Posted in Advertising, Branding, Famous Marks, Guest Bloggers, Marketing, Television

–James Mahoney, Razor’s Edge Communications Two of the most important elements of communicating with target markets are to make relevant arguments and to make them memorable. Most of the time, these simple goals are difficult to meet because of the clutter of competing voices in the marketplace. Yet, there’s a third element that is at… Continue Reading