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Duets Guest Blogger

Posts by Duets Guest Blogger

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

A Tipping Point For Super Bowl Advertisements?

Posted in Advertising, Almost Advice, Branding, Guest Bloggers, Look-For Ads, Marketing, Mixed Bag of Nuts, Product Packaging, Social Media, Television

-Mark Prus, Principal, NameFlash Name Development I was largely unimpressed with the crop of Super Bowl ads this year. It seemed to me that advertisers have chased “form over function” and have forgotten that when you spend $5 million for a 30-second ad you should probably sell some product to offset that cost. There were… Continue Reading

Initial Interest Confusion: Initially Interesting, Ultimately Harmless?

Posted in Advertising, Civil Procedure, Infringement, Squirrelly Thoughts

-Wes Anderson, Attorney In the market for sunglasses, I recently went to Amazon.com and searched for “Holbrook sunglasses.” HOLBROOK is, of course, a trademark of Oakley, Inc. – but I had no intention of purchasing Oakleys. Instead, I wanted a far cheaper pair of sunglasses based on that style, so I could more easily justify inevitably… Continue Reading

ORAL B Wireless Floss?

Posted in Advertising, Dilution, False Advertising, Famous Marks

-Wes Anderson, Attorney I recently purchased a post-holiday present (for myself) – Apple’s AirPods, wireless headphones designed to integrate with Apple’s various products, including the iPhone 7 (which, helpfully, discarded the headphone jack in the name of “courage.” The earbuds themselves are quite tiny, and likely quite easy to lose, so they come in a… Continue Reading

The End of Bland Names?

Posted in Advertising, Almost Advice, Branding, Guest Bloggers, Marketing, Trademarks

-Mark Prus, Principal, NameFlash Name Development Publicis Groupe, the holding company of worldwide marketing agencies, has been restructuring over the past year. In March they announced a major restructuring of their media arm Publicis Media that broke apart longtime media agency ZenithOptimedia. Zenith now operates as a standalone agency, while Optimedia joined forces with Blue… Continue Reading

JORDAN v. QIAODAN: The Lessons of Trademark Enforcement in China

Posted in Advertising, False Advertising, Famous Marks, Infringement, International, Law Suits

-Wes Anderson, Attorney Whether or not you agree Michael Jordan is the greatest basketball player of all time, he is certainly well-known. And after an over four-year battle, China’s trademark courts have agreed. Michael Jordan and his JORDAN brand have been a staple of Nike’s shoe and apparel business for over thirty years. Nike so… Continue Reading

Puttin’ on the “Ritts”: Political Speech and Fair Use

Posted in Mixed Bag of Nuts

-Wes Anderson, Attorney Leaving aside the outcome of election day (and indeed I confess I wrote this before the polls closed), I couldn’t help but notice these ads in downtown Minneapolis: Look familiar? In various other contexts, this could easily raise the ire of trademark counsel. But the political context enjoys some special protection. Various… Continue Reading

Increase Recall of Your Message By…

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

-Mark Prus, Principal, NameFlash Name Development Yes, I know the title of this post is incomplete. That is what this post is all about. Marketers know that “unfinished tasks” are the most memorable. Your brain seeks “cognitive closure” and so you will remember unfinished tasks until you complete them. This effect is called the Zeigarnik effect… Continue Reading

Sorry, Apple, Assignment of ITU Applications Isn’t MAGIC

Posted in Advertising, Branding, International

-Wes Anderson, Attorney Another installment of Apple surveillance: it appears the tech giant has enlisted a shell company to file trademark applications for its newest products. Problem is, they might be stuck there. On October 27, Apple will hold a press event at its Cupertino, California headquarters, presumably to introduce new Macintosh computers. One rumored feature… Continue Reading

The Key Qualities that Companies That Succeed Have in Common

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

– Jason Sprenger – President, Game Changer Communications Last month, my firm (Game Changer Communications) celebrated its four-year anniversary.  As I often do at times like that, I reflected on a lot of things about my business – successes, challenges, key milestones and more.  This particular anniversary also got me thinking about the qualities I most… Continue Reading

Nihilist Arby’s: We Have The Tweets

Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Marketing, Social Media, Trademark Bullying, Trademarks

-Wes Anderson, Attorney I recently came across this new piece of merchandise available for sale online: Look familiar? Those familiar with the restaurant chain Arby’s likely think so. The shirt is a product of the parody Twitter account @nihilist_arbys, created by a former writer for The Daily Show. With occasional references to current events, Nihilist Arby’s… Continue Reading

The Anti-Advertising Ad Campaign

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

–James Mahoney, Razor’s Edge Communications Recently, a group named Glimpse bought out two weeks’ worth of the ad space in London’s Clapham Common underground station and filled it with pictures of cats. You can read the details as reported by PRI.org here. In a nutshell, though, the guy who founded Glimpse and launched the project,… Continue Reading

Branding Tips from 5 Awesome Apps

Posted in Branding, Guest Bloggers, Marketing, Social Media, Social Networking

–Debbie Laskey, MBA Take a look at anyone’s smartphone or tablet and you’re bound to swipe through screen after screen of applications, or more commonly known as apps. Some apps are pre-programmed into the device, such as, calendar, maps, and stocks. And, of course, there are also apps for contacts, a camera, and social networks…. Continue Reading

For Wrigley Field Street Vendors, It’s Win or Go Home

Posted in Advertising, Branding, Counterfeits, Fair Use, Fashion, Marketing, Trademarks

-Wes Anderson, Attorney The Chicago Cubs are rolling into the playoffs, putting the finishing touches on a historically dominant regular season with over 100 wins. Cubs fans (like me) even dare to dream that the century-plus long championship drought may finally come to an end this fall, if the team can carry its impressive form… Continue Reading

A+++++

Posted in Guest Bloggers, Mixed Bag of Nuts

–James Mahoney, Razor’s Edge Communications In one of the all-time great holiday films, “A Christmas Story,” Ralphie turns in a paper that he’s very proud of. He dreamily envisions his teacher’s ecstatic praise of “A+++++!!” We’ve all felt that way. And, like Ralphie, we’ve all felt the sting of reality. I thought about this recently… Continue Reading

Reflections for Career and Life on an Anniversary

Posted in Guest Bloggers, Mixed Bag of Nuts

– Jason Sprenger – President, Game Changer Communications September 13 marks my agency’s four-year anniversary.  It’s thrilling to reflect on where we’ve been and where we’re going, because it’s been one wild ride.  But it’s also a day to take stock of the lessons I’ve learned along the way, and items that I’ve noticed have been… Continue Reading

Avoiding the Seven Self-Inflicted, Destructive and Deceptive Industry (and Leadership) Behaviors that Create Victims, Critics and Often Enemies

Posted in Goodwill, Guest Bloggers, Mixed Bag of Nuts

— James E. Lukaszewski, ABC, APR, Fellow PRSA Any organization, leadership or business decision that can involve conflict, confrontation, controversy and contention (the four ingredients of catastrophe) is by definition dangerous ground. All too often leadership planning and decision making tends to ignore, minimize, even discredit the power of these emotional circumstances. Think again. Whenever… Continue Reading

NEIL LANE: Branding in Paradise

Posted in Advertising, Branding, Fashion, Product Configurations

-Wes Anderson, Attorney I’ll admit it: if there’s a frivolous TV franchise I watch, it’s probably The Bachelor in one of its many iterations. Each series fits the same template: caricatures of eligible men and women stoke the flames of tear-stained conflict for a few weeks, before the show tries to narrow its focus to a true romantic connection… Continue Reading

The Hugo Awards: Tarnished by Puppies?

Posted in Branding, Guest Bloggers, Infringement, Mixed Bag of Nuts, Trademarks

-Laurel Sutton Senior Strategist & Linguist at Catchword Brand Name Development Have you read J. K. Rowling’s Harry Potter and the Goblet of Fire? What about Orson Scott Card’s Ender’s Game? Frank Herbert’s Dune? Maybe Neil Gaiman’s American Gods (coming soon to the cable network Starz)? If you’ve read any of those books, you’ve read… Continue Reading

One Hot Buzzword in Marketing: Integration

Posted in Advertising, Marketing, Mixed Bag of Nuts

– Jason Sprenger – President, Game Changer Communications Integrated marketing has caught fire over the last couple of years.  In short, this refers to the concept of an organization working with one outside agency on more than one (or all) of their marketing disciplines (including PR, advertising, graphics/digital, social media, CRM, lead generation, SEO and possibly… Continue Reading

The Olympic Branding Blackout

Posted in Advertising, Branding

-Wes Anderson, Attorney Has there been a more constant presence at the Rio Olympics than #brands? I saw it everywhere, from the Polo-branded opening ceremony garb (met with the requisite outrage) to Michael Phelps’ “MP” branded swimwear (of questionable durability). So it came as a huge surprise to learn the Olympics has a very specific rule regarding… Continue Reading

Stealth Marketing: How Marketers Use Emotions To Sneak Their Messaging Past Your Brain’s Filters

Posted in Advertising, Branding, Guest Bloggers, Marketing

-Mark Prus, Principal, NameFlash Name Development When your brain uncovers new information, it says: “You Shall Not Pass!” Fans of “The Lord of The Rings” will recognize this as Gandalf’s quote (https://youtu.be/V4UfAL9f74I) or perhaps will recall its use in the “Forgetting Sarah Marshall” movie (https://youtu.be/l7Z05Fq2f58). Your brain applies this gatekeeper logic to prevent itself from… Continue Reading