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Category Archives: Branding

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White Color Trademark Goes Up in Flames

Posted in Advertising, Almost Advice, Articles, Branding, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Patents, Sight, Trademarks, TTAB, USPTO

A couple of years ago, our friend John Welch over at the TTABlog reported about a white color trademark that had acquired distinctiveness, according to a rare precedential TTAB decision: No, that’s not a roll of toilet paper, it’s a preformed gunpowder charge for use in muzzleloading rifles. And the applied-for mark was described as… Continue Reading

Update: Stone Brewing v. MillerCoors – Answer and Counterclaims

Posted in Branding, Infringement, Law Suits, Mixed Bag of Nuts, Trademarks

A couple months ago, I posted about the contentious trademark battle involving Stone Brewing Co., a craft brewery based in California, who filed a trademark infringement complaint against giant beer conglomerate MillerCoors LLC and Molson Coors Brewing Co. (“MillerCoors”). The complaint is based on the recent rebranding of the MillerCoors “Keystone” beer, which separates and places greater… Continue Reading

What You Need to Un-Suspend a Trademark

Posted in Advertising, Almost Advice, Articles, Branding, Food, Marketing, Trademarks, USPTO

Suspended high above Chelsea Market in New York City are these eye-catching ads for OWYN: That’s a new brand for me, I’m unsure how to pronounce it (Own, Owen or Oh Win), but OWYN apparently stands for Only What You Need — for dietary supplement protein products that “use nutritious, plant-based ingredients and leave out inflammatory animal products and… Continue Reading

Carvana and Google: Co-Branding Nirvana?

Posted in Advertising, Agreements, Articles, Branding, Contracts, Fair Use, Marketing, Television, Trademarks

Carvana — online car dealer and operator of “a higher state of car buying” — sports a halo in its non-verbal logo shown above, but is it an angel when using the Google name and logo in t.v. ads? In other words, is the use licensed by Google or could it be defended successfully without permission as trademark nominative fair use?… 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

Warby’s Fast Food: Can Arby’s Take a Joke?

Posted in Branding, Infringement, Squirrelly Thoughts, Trademarks

Maybe you’ve heard of Warby Parker. The eye wear company has become quite successful in a previously monolithic industry. But a tongue-in-cheek advertising effort for a new onion ring monacle might just cross the line into provoking a trademark feud. See, Exhibit 1, below: And, for the main course: Even if Warby’s doesn’t actually sell… Continue Reading

When Does My Pillow Become Your Windfall?

Posted in Advertising, Agreements, Articles, Branding, Goodwill, Infringement, Keyword Ads, Marketing, Television, Trademarks

Mike Lindell, has built an impressive business around a pretty simple brand name and trademark: We’ve previously written about the MyPillow trademark, noting the apparently narrow scope of rights it enjoys, as a result of the coexistence with some pretty similar marks, including this one: Earlier this year, My Pillow filed a complaint in federal district court in… Continue Reading

Glade No. 1, 2, 3, 4, and… Chanel No. 5?

Posted in Advertising, Articles, Branding, Famous Marks, Fashion, Infringement, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Smell, Squirrelly Thoughts, Trademarks

Recently, a friend and I were watching The Bachelor—I know, I should be ashamed. During one of the commercial breaks, a spot appeared on-screen showing a woman wearing an elegant dress walking through a hallway. She turns into a doorway, and blue, shimmering light projects onto her face, as if she was underwater. A speaker… Continue Reading

March Sadness? No, Our Memories, Priceless!

Posted in Articles, Branding, Marketing, Trademarks

Besides some team tournament sadness, the only thing sad about our remarkable Creative Brand Protection Event was our camera problem, so these few photos are all we have to share, so sorry: From left to right above, special thanks to Shaelyn Crutchley (former PepsiCo, now Volo Creative), Aaron Keller (Capsule), and Rosalie O’Brien (University of Minnesota), they were… Continue Reading

Update: PayPal v. Pandora Settlement

Posted in Agreements, Branding, Famous Marks, Law Suits, Mixed Bag of Nuts, Trademarks

Last year I posted about the trademark infringement complaint by PayPal against Pandora, based on Pandora’s rebranded “P” logo that was introduced in October 2016.  See a comparison below of PayPal’s blue “PP” design mark (left) with Pandora’s blue “P” design mark (right). Last November, the parties reached a written settlement agreement and stipulated to… Continue Reading

We’re Nine, That’s Lots of Blogging Birthdays!

Posted in Articles, Branding, Guest Bloggers, Marketing, Trademarks

Can you believe it? Nine times, we’ve celebrated our birthday with you (our amazing readers and supporters) — it all started with Dr. No and the Parade of Horribles; then a Seth milestone here. A Ron milestone there. We’ve hardly taken a day off, much less skipped a class, or been called out as absent from any serious discussion on any… Continue Reading

Amazon Smiles With Iconic Non-Verbal Logo?

Posted in Advertising, Articles, Branding, Marketing, Non-Traditional Trademarks, Trademarks, USPTO

Yesterday, while on the highway heading to a client meeting, I noticed a truck that looked like this: It reminded me of the plentiful ink we’ve spilled over the years about singular iconic non-verbal logos that can truly stand alone. Remember Seth Godin’s generous insights shared, here? Given the dominant display of Amazon’s non-verbal logo shown above (without the Amazon… Continue Reading

The PHILLY SPECIAL Isn’t So Special

Posted in Branding

Well, it is the end of February and the Super Bowl hangover in Minneapolis might finally be over. But that doesn’t mean there isn’t still time to analyze trademarks related to the Big Game. Much ado was made about the Eagles’ “Philly Special” trick play.  When a catch phrase is born, it is often followed… Continue Reading

Talk to Chuck, Trade Like Chuck, or Chuckit?

Posted in Advertising, Articles, Branding, Loss of Rights, Marketing, Television, Trademarks, Truncation, USPTO

A recent advertisement caught my ear because it involved financial services offered by a guy named Charles Hughes a/k/a Chuck Hughes and the catchy marketing phrase Trade Like Chuck: It instantly reminded me of a piece I wrote in 2010 called: Exposing Two-Face Brands. One of the branding truncation examples I wrote about there noted… Continue Reading

“Brother Thelonious” Monk’s Likeness Protectable Decades After Death

Posted in Advertising, Articles, Branding, Contracts, Food, Infringement, Law Suits, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks

Earlier this month, a California federal judge kept alive a suit brought by the estate of famous jazz musician Thelonious Monk against North Coast Brewing Co. for trademark infringement and infringement of the right of publicity. The dispute centers around North Coast’s popular “Brother Thelonious” Beligan-style abbey ale (beer seems to be on the mind here… Continue Reading

Stone Brewing v. MillerCoors: A Key(STONE) Trademark Battle

Posted in Branding, Infringement, Marketing, Mixed Bag of Nuts, Trademarks, USPTO

Stone Brewing Co., an independent craft brewery based in California, has filed a trademark infringement complaint against MillerCoors LLC and Molson Coors Brewing Co. (collectively “MillerCoors”). The complaint is based on the recent rebranding of the MillerCoors “Keystone” beer. The rebranded packaging separates “Keystone” into two words, with the smaller word “KEY” on a separate… Continue Reading

Coming Soon: Creative Brand Protection Event

Posted in Advertising, Articles, Branding, Domain Names, Fair Use, Guest Bloggers, Marketing, Trademark Bullying, Trademarks

We’re always looking forward, but every once in a while we look in the rear-view mirror and become amazed at how far we’ve come since our humble beginnings a short nine years ago. Well, it’s almost time to celebrate another birthday here at DuetsBlog, and if we make it to March 5th, Duey will be… Continue Reading

Snickers Has a Cross Section TM Registration!

Posted in Advertising, Articles, Branding, Food, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Trademarks, USPTO

It is frequently becoming more and more difficult to remember all the topics we’ve covered here over the last — almost — nine years. A recent Snickers end cap display jogged my memory: Turns out, eight months into this little adventure we call DuetsBlog, I wrote a blog post called Delicious Trademarks: Candy Bar Cross-Section Trademarks? Then, a… Continue Reading

Who Owns the Trademark Rights to Tesla/SpaceX’s Roadster?

Posted in Branding, Infringement, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Sight, Squirrelly Thoughts, Trademarks

Today I write with a thought-provoking question: Just who owns the trademark rights to Telsa/SpaceX’s Spaceman Roadster? Tesla? SpaceX? Perhaps even humanity? If you didn’t catch it, SpaceX recently launched its first Falcon Heavy three-booster rocket designed to carry large payloads into space. In a stunning feat of engineering and genius marketing, the rocket sent… Continue Reading