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Category Archives: Goodwill

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What About the SuperAmerica Trademark?

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

Loyal readers know that trademark rights are dynamic, use-it-or-lose-it intellectual property rights. So, when signage announces a name change, it jumpstarts the question of trademark abdonment: The above signage and reporting around the sale and rebrand of SuperAmerica convenience stores seem to suggest the SuperAmerica name will cease to be used, bringing Speedway coast-to-coast. Time will… Continue Reading

Intellectual Property Law Ruins the Party, Again

Posted in Copyrights, Goodwill, Infringement, Law Suits, Trademarks

Video games offer a melting pot of intellectual property: trademark law, copyright law, and even patent law all come together in a delicious mix of intangible property. However, not all video game franchises are equal. Few can claim the same level of longevity, success, and nostalgia as Nintendo’s Mario Brothers series. Among the most popular… Continue Reading

New NFL Season, New Trademark Fights

Posted in Branding, Goodwill, Infringement, Social Media, Trademarks, TTAB

As we move into Week 2 of the NFL, the big clash in North Country is Sunday’s Green Bay Packers – Minnesota Vikings game. All the buzz is whether the second-coming-of-Favre Aaron Rodgers will prevail over the vaunted Vikings defense. But here in my trademark bubble, I’m more interested in the Jacksonville Jaguars versus former… Continue Reading

Cheetos versus Peatos: Infringement or Overreach?

Posted in Branding, Famous Marks, Food, Goodwill, Infringement

PepsiCo recently made waves with its purchase of SodaStream, but the company is now making news in the food business. This time the news is all about Pepsi’s Frito-Lay division, and its mischief making Chester Cheetah and his crunchy, cheesy, Cheetos brand. Pepsi recently sent a cease and desist letter to World Peas, a manufacturer… 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

When Names become Brand Names

Posted in Advertising, Branding, Contracts, Fair Use, Fashion, Goodwill, Infringement, Law Suits, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts, Trademarks

And whatever the man called a living creature, that was its name. Genesis 2:19 Naming things is a fundamentally personal, human act that sometimes – in a profession all about brand names – we take for granted. It’s easy to forget when we are clearing, registering, and protecting names, that at a basic level we… Continue Reading

The Big Ten and the NCAA Tip Off for MARCH Marks

Posted in Dilution, Famous Marks, Goodwill, Infringement, Trademark Bullying, Trademarks, TTAB

You don’t have to be a sports fan to be aware of MARCH MADNESS, the name associated with the annual tournament to determine the college basketball national champion. The tournament is organized by the National Collegiate Athletics Association. The name MARCH MADNESS is derived from the fact that the tournament occurs almost exclusively in March…. Continue Reading

Houston (College of Law) Has a Problem

Posted in Agreements, Articles, Branding, Civil Procedure, Goodwill, Infringement, International, Law Suits, Loss of Rights, Marketing, Trademark Bullying, Trademarks

A trademark problem, that is, as reported by the Texas Tribune on Friday of last week. Lest you be fooled by the above reference to Houston College of Law being established in 1923, the name has only been around since June of 2016. In fact, when South Texas College of Law rebranded to Houston College… Continue Reading

Austin’s SXSW Festival Wins Trademark “Fight” with the Australian Labor Party

Posted in Articles, Branding, Fair Use, Famous Marks, Goodwill, Infringement, International

Austin, Texas is well-known for its food, music scene, and of course its University of Texas Longhorns. The exclamation point on Austin’s notoriety though is the annual South by Southwest (a.k.a. SXSW) festival. Since its first year in 1987, the festival has grown into one of the largest music festivals in the world and, in… Continue Reading

Owning a Cup of Trademark Transparency

Posted in Advertising, Articles, Branding, Food, Goodwill, Idea Protection, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks

Seeing this Caribou Coffee skyway billboard was a good reminder to me of how much we hear about the importance of transparency in our relationships, including those with brands we love: It appears that the prevalence of society’s use of the word “transparency” may be at an all time high, where the use of “transparent”… 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

Does a Commodity Ever Need to Apologize?

Posted in AlphaWatch, Articles, Branding, Genericide, Goodwill, Loss of Rights, Marketing, Mixed Bag of Nuts, Trademarks

On this welcome Labor Day, a few different thoughts converged for me, so please allow me to answer my own question in the title of this post, starting by explaining the below photo: After repeated diversions from a particular moving stairway a/k/a escalator to the far less convenient elevators in an unnamed downtown Minneapolis office… Continue Reading

America’s Most Watered-Down Beer (Name)?

Posted in Advertising, Articles, Branding, Goodwill, Loss of Rights, Marketing, Social Media, Trademarks, USPTO

Last week the Twittersphere was chirping loudly and negatively in response to reports that Belgian-owned Inbev would be replacing the Budweiser brand name with “America” on beer cans, as shown above. No bow-tie can shape in this campaign, but the logo is to be on the can’s back. Headlines like these, suggesting a permanent change… Continue Reading

Energizer Bunny to Drain Duracell’s Battery?

Posted in Advertising, Agreements, Articles, Branding, Contracts, Dilution, Famous Marks, Goodwill, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Trademarks

When I first heard last week about a trademark infringement lawsuit between Energizer and Duracell over pink bunny icons, my first thought was, Duracell is The Copper Top battery brand, what would motivate Duracell and how could Duracell possibly believe it had the legal right to use a pink bunny character in advertising and on… Continue Reading

Another Cliche Color Trademark Calamity?

Posted in Advertising, Articles, Branding, Fashion, Goodwill, Infringement, International, Law Suits, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Technology, Trademark Bullying, Trademarks, USPTO

Techdirt is crying foul (again) and this time, wrapping the “trademark bully” mantle around the magenta-colored neck of the T-Mobile brand for enforcing its color trademark against OXY. While I certainly don’t have the details of the dispute (and it appears Techdirt doesn’t either), and OXY hasn’t produced the actual demand correspondence, given the distinctiveness… Continue Reading

On Valuing Cherubs, Cuties, and Halos

Posted in Articles, Branding, Food, Goodwill, Marketing, Mixed Bag of Nuts, Trademarks

Picking up where we left off yesterday discussing brand valuation, I’ve recently taken great interest in the branding of fresh fruits and vegetables — they seem to be the ultimate commodity, a perfectly ripe environment for branding, don’t you think? When I grew up, the only branding I recall of fresh fruits was for Chiquita… Continue Reading

It’s Not Delivery, It’s Infringement.

Posted in Fair Use, Famous Marks, First Amendment, Goodwill, Infringement, Social Media, Trademarks

We’re not talking pizza, we’re talking burgers. Not just any burgers, either, we’re talking In-N-Out burgers. As any California transplant will tell you, no other burger from any other restaurant comes close. In-N-Out has more than just burgers; it also has French fries, shakes, and drinks. They also have a drive-thru if you don’t want… Continue Reading

Yosemite: The Park, the Name, and the Lawsuit

Posted in Contracts, Fair Use, Goodwill, Infringement, Loss of Rights, Trademarks

Tunnel View – Photo by David Iliff. License: CC-BY-SA 3.0 As the saying goes, possession is nine-tenths of the law. That other tenth can be pretty complicated, depending on what you’re “possessing.”   When you’re arguing with an older brother over who “possesses” the remote control, it’s an open and shut case. But what about “possession”… Continue Reading