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Category Archives: Genericide

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UGG Is Not Synonymous With A Type of Boot

Posted in AlphaWatch, Branding, Dilution, Famous Marks, Fashion, Genericide, Idea Protection, Infringement, International, Law Suits, Marketing, Patents, Trademarks

The popular UGG® branded sheepskin boots are at the heart of a dispute in the Northern District of Illinois. Deckers Outdoor Corp. (“Deckers”) owns 29 federal registrations for the trademark UGG in connection with numerous goods and services, including footwear, clothing, wallets, passport covers, plush toys and retail store services. The company also has four… Continue Reading

Creative Brand Protection II — A Picture Book

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks, USPTO

Another Creative Brand Protection event is in the books, thanks to our incredible panel of experts: Karen Brennan, Senior Director, Intellectual Property, Best Buy Anne Hall, Technology Strategy Manager-Life Sciences, University of Minnesota Aaron Keller, Co-Author: The Physics of Brand; Co-Founder Capsule Design Tim Sitzmann, Trademark and Brand Protection Attorney, Winthrop & Weinstine Their insights… Continue Reading

If Only HoneyCrisp Was an Apple Trademark

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks

Yeah, we usually mean this Apple, when we spill digital ink, not today, instead the edible varieties: Hat tip to Erik Pelton who tweeted about the federal registration of LUDACRISP for fresh apples. We know something about non-ludicrous trademark protection for apples > First Kiss and Rave. They are newly minted brands for the MN55 Apple, a cross… Continue Reading

A Zero Sum Game in the Trademark World?

Posted in Advertising, Articles, Branding, Genericide, Loss of Rights, Marketing, Product Packaging, SoapBox, USPTO

We’ve had a lot of nothing — meaning zero, and the trademark meaning, if any, of zero — on our mind lately, so imagine my surprise to see this soap “brand” for the first time last week in a hotel: Not sure how to pronounce it, but as we know, there really is no “correct”… Continue Reading

No What? ZERO Means 0 and 0 Means ZERO!

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks

Taking our discussion about Coke Zero a little further than Monday’s discussion, is it any wonder that “zero” stands for nothing, none, nada, when it comes to calories, given icons like this one: In other words, it doesn’t and it can’t hold trademark significance for calorie-free, no-calorie, or zero-calorie food products and beverages, and spelling out “0” as ZERO… Continue Reading

Coke Opening ZERO Genericness Floodgates?

Posted in Advertising, Almost Advice, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks, TTAB, USPTO

We’ve been writing about the COKE ZERO trademark for nearly a decade now, noting in 2014: “[I]t will be worth watching to see whether the [TTAB] finds that ‘ZERO’ primarily means Coke or just a soft drink having ‘no calories, you know, a drink about nothing . . . .’” Turns out, in May 2016, Coke obtained a favorable… Continue Reading

Can a Word Which Means a Lot (Aloha) Mean Almost Nothing in Trademark?

Posted in Articles, Branding, Fair Use, Genericide, Marketing, Mixed Bag of Nuts, Sight, Sound, Squirrelly Thoughts, Trademarks, USPTO

Hawaii seems to be on the mind here at DuetsBlog lately. Last week, I had the pleasure of visiting three Hawaiian islands for the first time. While there, I quickly became acquainted with Hawaiian life and language. It’s a beautiful place; I recommend everyone visit. When I first landed on Kauai, the “garden island,” I… Continue Reading

Velcro Sequel Sticks With “Hook and Loop”

Posted in Advertising, Articles, Branding, Genericide, Loss of Rights, Marketing, Trademarks

On the heels of discussing trademark genericide through the Anything is Popsicle prism yesterday, let us turn our attention back to Velcro, who is at it again, this time making a genericide sequel. The sequel is called “Thank You for Your Feedback — Don’t Say Velcro.” Like any sequel I’ve ever seen, I’m not feeling Velcro’s second… Continue Reading

Mission Popsicle: Telling You It’s a Brand?

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Television, Trademarks

Welcome to another edition of Genericide Watch, where we consider brands on the edge, working hard to maintain brand status and exclusive rights, while trying to avoid trademark genericide. The primary meaning to the relevant public decides genericness, so trademark owners will try to influence how consumers understand the word, to maintain at least 51% brand meaning. As we’ve written… Continue Reading

Are You Leading With Buddha’s Hand Too?

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks

Size and prominence of wording on business signs, product labels and hangtags will often emphasize brand signals. Yet, sometimes decisions are made to scream generic names instead. Never having seen the above shown wacky fresh fruit until recently, my assumption was that Buddha’s Hand represented a clever brand name for a certain type of citron… Continue Reading

Comic Con (TM)

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

The term Comic Con has become synonymous with a certain culture.  In recent years, comic book conventions (and comic book culture), have become increasingly popular.  Annual comic book conventions are held in major cities across the U.S. and the world.  Many of these conventions are titled—officially or unofficially—“[City] Comic Con.”  One recent jury decision, however,… Continue Reading

Classic Trademark Fair Use of Google Mark?

Posted in Advertising, Articles, Branding, Fair Use, Genericide, Loss of Rights, Marketing, Trademarks

North Memorial Health must be spending significant advertising dollars at the moment, with a variety of ads appearing all over the Minneapolis skyway system, above is one current example. In addition, there are a series of humorous and sarcastic TV ads that were designed to poke the bear of our broken health care system, congrats to Brandfire on… Continue Reading

Gucci: The Other Stripe Mark

Posted in Fashion, Genericide, Infringement, Non-Traditional Trademarks

Normally when we talk about stripes trademarks , we’re talking about iconic sportswear brand adidas. An avid litigant with respect to use of “three stripe” designs on footwear and clothing, adidas is a regular feature here at DuetsBlog, where we have discussed disputes with lululemon, Puma, and retail store Forever 21. But today we’re talking… Continue Reading

We can Keep Googling the GOOGLE Mark: Supreme Court Denies Cert

Posted in Famous Marks, Genericide, Mixed Bag of Nuts, Search Engines, Trademarks

Many of us have been eagerly waiting to see whether the Supreme Court would consider Google’s potential genericness. As Martha explained, the case began in 2012, after petitioners Chris Gillespie and David Elliot attempted to register hundreds of web domains that included the word “Google” together with a variety of different people, products, and brands… Continue Reading

What Are You Thinking, Coke Zero?

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks, TTAB

  The above advertising billboard is plastered all over the Twin Cities at the moment, and it got me thinking, so here I am, once again, writing about Coke Zero, remember this can? Coke obtained a favorable decision from the TTAB early last year, ruling that ZERO is not generic for a soft drink category,… Continue Reading

“Hook and Loop” Meet Chutes and Ladders

Posted in Articles, Branding, Genericide, Loss of Rights, Marketing, Technology, Trademarks

Nearly everyone in the IP community is talking about the hilarious viral Velcro music video released last week. Hat tip to Patently-O, Martha, and Brett. The “behind the scenes” video is here. We’ve spoken before about nervous trademark types, behind the scenes doing their level best, and taking steps to try to avoid unwanted genericide of… Continue Reading

Are pretzel crisps crumbling into genericness?

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks, TTAB, USPTO

Marketing types and legal types who review labels, be well advised to choose words used carefully. In other words, if you believe you own rights in Pretzel Crisps as a trademark, it’s not wise to use the number of so-called “Crisps” as the serving size, especially with no trademark notice symbol. Frito-Lay’s successful 2014 generic… Continue Reading

Joint IP Ownership Rights

Posted in Agreements, Almost Advice, Contracts, Copyrights, Genericide, Idea Protection, Infringement, Law Suits, Mixed Bag of Nuts, Patents, Trademarks

New ideas, creations, and business ventures are often the product of collaboration.  If lawyers had their way, a written agreement would precede every creative collaboration.  Of course, this is not the case.  Collaborators often do not seek advice of counsel, or see the need for an agreement, until after the new idea, creation, or venture… Continue Reading

Acceptable Identification of Goods/Services

Posted in Advertising, Articles, Branding, Food, Genericide, Marketing, Trademarks, USPTO

Beef jerky is one of my favorite snacks, so while strolling through the Minneapolis skyway, I captured the above floor-to-ceiling advertisement to tell another trademark story. It’s been a while since we’ve written about the importance of brand owners not only thinking hard about their brand names, but also devoting thought and care to the… Continue Reading

“Google” Still Not (Yet) Generic

Posted in Domain Names, Famous Marks, Genericide, Law Suits, Trademarks, USPTO

Last week the U.S. Court of Appeals for the Ninth Circuit issued a significant opinion on the topic of genericness, Elliott v. Google, Inc., No. 15-15809. The opinion affirmed a federal district court’s grant of summary judgment that “GOOGLE” trademark registrations (Reg. Nos. 2884502, 2806075) are not subject to cancellation for genericness. Genericness a.k.a. “genericide” occurs when… Continue Reading

Here’s to Calling the Kettle, Brand Too?

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks

The teapot read my post from last week and is not only calling the kettle black, but brand too: So, we’ll have to see whether saying it’s so makes it so, after we stir the pot a bit, of course. Like the previous Virginia Brand ham example, the chip packaging above prominently incorporates the word… Continue Reading

When is a Duck a Goose, or a Ham a Brand?

Posted in Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks, USPTO

Every once in a while, the word “brand” appearing on product packaging surprises me, because my earlier understanding of the word preceding it spells generic, not brand. Just like the above. Shopping in Whole Foods this past weekend, the above shown VIRGINIA BRAND designation called out like a neon sign from behind the glass of… Continue Reading

Pass the…Creative Work

Posted in Advertising, Agreements, Copyrights, Famous Marks, Genericide, Idea Protection, Infringement, Law Suits

I laughed when I saw yesterday’s Adweek article about Heinz adopting Don Draper’s “Pass the Heinz” pitch from the hit show “Mad Men.”  Given the lackluster creativity observed from the Super Bowl ads, have we actually reached a point where a creative says “hey remember that Mad Men episode? let’s just do that!” and the… Continue Reading