DuetsBlog Collaborations in Creativity & the Law

Category Archives: International

Subscribe to International RSS Feed

On a Roll with Tasty Marketing

Posted in Food, Guest Bloggers, International, Mixed Bag of Nuts

–James Mahoney, Razor’s Edge Communications It was festival time in Italy when I passed this food truck at an Abruzzo village’s celebration. I understand a little Italian (and speak even less), so what initially caught my eye was the crowd and the fun-loving couple serving up the goodies. I knew that “Amici delle” on the sign… Continue Reading

Look-For Louboutin Kick-in-the-Pants Shoes?

Posted in Advertising, Articles, Branding, Fashion, International, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks, USPTO

A recent Mall of America and Nordstrom shopping trip (with visiting extended family), coupled with some initial moments of admitted boredom, led me to wandering through the shoe department: Let’s just say, the stroll through the shoe department made it all worthwhile, to capture the above image, showing Louboutin’s latest fashion sense, leading to my mental… Continue Reading

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

Brands, Who Could Hang a Name on You?

Posted in Articles, Branding, Dilution, Famous Marks, First Amendment, Food, Infringement, International, Marketing, Trademark Bullying, Trademarks

Over the years, we’ve written much about trademark bullying. When the mantle fits, and when it doesn’t. When a brand has a realistic view of its rights, and when the claimed scope is bloated. We’ve never before written about “Ruby Tuesday,” neither the Rolling Stones’ song nor the struggling restaurant chain, until now — and… Continue Reading

The Elvis Presley Estate Loses Bid to Block ELVIS JUICE Beer

Posted in Dilution, Famous Marks, Food, Infringement, International, Law Suits, Trademarks, TTAB, USPTO

Trademark disputes involving breweries are nothing new, with breweries battling each other, wineries, and even cities over trademarks. We can now add estates of dead celebrities to the mix, as the Estate of Elvis Presley continues its battle against UK-based BrewDog over its ELVIS JUICE I.P.A. The Elvis Estate first attempted to resolve the dispute… 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

What Do You Think Of Having ® On Your Store Sign

Posted in Advertising, Branding, International, Marketing, Squirrelly Thoughts, Trademarks

I traveled to Barcelona last week to attend the International Trademark Association (“INTA”) Annual meeting. I arrived at the Barcelona Airport the requisite three hours before your international flight.  During my long stay at the Barcelona airport I saw three store signs with ® on them.  They included the following signs:    Although many stores… Continue Reading

Chartreuse Color Trademark Still on the Loose

Posted in Articles, Branding, International, Law Suits, Marketing, Non-Traditional Trademarks, Sight, Trademarks, USPTO

Back in December we wrote about a trademark infringement case (Weems v. Plews) involving claimed exclusive rights in the color chartreuse as applied to various kinds of hoses. Since then, Plews has been busy trying to short circuit the case and have the unregistered (common law) trademark infringement claims dismissed, contending Weems did not adequately… Continue Reading

Blizzard v. Bossland: Game Over for Video Game Botting?

Posted in Civil Procedure, Copyrights, Infringement, International, Law Suits

I’m a rules follower. Going back to the days of the Game Genie—a device that allowed gamers to play Super Mario Bros. with infinite lives or the Legend of Zelda with infinite bombs—I have always preferred the satisfaction of beating the game by its own rules.   Like the video games that have progressed since… 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

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

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

Zero Tolerance #USOC Trademark Overreach

Posted in Advertising, Articles, Branding, First Amendment, International, Law Suits, Marketing, Social Media, Social Networking, Technology, Trademark Bullying, Trademarks

By way of follow-up to Tim’s and David’s recent discussions about Rio2016 and related U.S. Olympic Committee trademark enforcement issues, it appears that a local Minnesota carpet cleaning business called Zerorez, is poised to press the issue of the USOC’s overreaching trademark policies by asking the federal district court in Minnesota to confirm it may… Continue Reading

Trans-Pacific Intellectual Property

Posted in Agreements, Copyrights, Fair Use, Idea Protection, Infringement, International, Mixed Bag of Nuts, Non-Traditional Trademarks, Patents, Trademarks

The Trans-Pacific Partnership (TPP)—a favored talking point among our presidential hopefuls—is an international trade agreement between twelve nations. The agreement was signed earlier this year, but is not yet ratified in most member countries including the United States. Negotiations took place over seven years and resulted in thirty dense chapters of provisions—some of which are… Continue Reading

A Prime Concern: Counterfeiting on Amazon

Posted in Advertising, Branding, Counterfeits, Infringement, International, Trademarks

-Wes Anderson, Attorney Readers: find any good deals on Prime Day? For my part, I abstained. I’ve had a “Gold Box” deal sitting in the box for about 6 months now — turns out, I really didn’t need a pressure cooker. If you did seize upon Prime Day, here’s hoping you got exactly what you ordered, and… Continue Reading

Here, Have a BREXIT

Posted in International, USPTO

The British are leaving!  The British are leaving!  Many people on all sides of “the pond” last week watched the Brits’ vote to leave the European Union with interest, and were shocked when they actually voted to cut ties with the EU.  The vote was often referred to by the doomsday name BREXIT (cue terrifying… Continue Reading

Fictitious Versus Fake Branding

Posted in Advertising, Branding, False Advertising, Food, Guest Bloggers, International, Marketing, Taste

– Mark Prus, Principal, NameFlash Creating fictitious names for products is standard practice in many industries. Creating a brand that evokes a certain image or feeling is so commonplace that most of us don’t think twice about it. Consider Genova Tonno. In the Italian language, Genova is the city of Genoa, and Tonno is tuna…. Continue Reading

Namey McNamerson: What Happens When You Crowdsource Names

Posted in Advertising, Branding, Guest Bloggers, International, Marketing, Mixed Bag of Nuts, Trademarks

-Laurel Sutton Senior Strategist & Linguist at Catchword Brand Name Development If I was in charge of naming scientific research vessels, they’d all get names like Boaty McBoatface. This, in case you hadn’t heard, is the leading candidate in a crowdsourced effort to name the U.K. Natural Environment Research Council’s new polar research ship.  Fans… Continue Reading