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Category Archives: Keyword Ads

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The Perils of Portmanteau Names

Posted in Almost Advice, Branding, Guest Bloggers, Keyword Ads, Look-For Ads, Marketing, Mixed Bag of Nuts, SoapBox

– Mark Prus, Principal, NameFlash A portmanteau is a linguistic blend of words in which parts of multiple words are combined into a new word. Common language examples include smog, which is a combination of the words smoke and fog, and motel which combines motor and hotel. Some big companies used the portmanteau technique to develop… 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

We Are Farmers…Dum Da Dum…

Posted in Advertising, Articles, Guest Bloggers, Keyword Ads, Look-For Ads, Marketing, Mixed Bag of Nuts, Television

–James Mahoney, Razor’s Edge Communications Admit it, when you saw the headline, many of you finished the jingle featured in Farmers Insurance TV commercials. Farmers has a great campaign going. Geico has a good campaign going. Both are entertaining. First, Farmers: Their “Hall of Claims” series, developed by RPA, showcases weird situations that Farmers has paid… Continue Reading

Battle of the Bands and the Clothiers

Posted in Advertising, Branding, Dilution, Fashion, Keyword Ads, Law Suits, Marketing, Trademarks

The famous Coachella Music Festival is held every April in Indio, California. This year Beyoncé, Radiohead, Lorde and several DJs (including DJ Snyder, DJ Kahleel, DJ Shadow) performed. The Coachella Music Festival, LLC and Goldenvoice, LLC (collectively “Coachella Parties”) sued Urban Outfitters, Inc. (“Urban Outfitters”) and its subsidiary Free People of PA LLC (“Free People”)… Continue Reading

Trademarks on the Internet: Are Consumers Really this Clueless?

Posted in Articles, Fair Use, Infringement, Keyword Ads, Law Suits, Trademarks

Are you unaware of the difference between search engine searches and the search results? Do you believe that a search engine can read your mind and return exactly (and only) the results you expect to receive? Is this your first time using the internet? Good news! If you answered yes to these questions, the Ninth… Continue Reading

FUSE 2014

Posted in Advertising, Branding, Keyword Ads, Look-For Ads, Marketing, Mixed Bag of Nuts, Social Media, Social Networking, Trademarks

As many of you know from Steve Baird’s post earlier this week – Ola Crapola! – we attended the FUSE 2014 Brand Strategy & Design Conference in the Windy City.   It was fun to hang out with creative design and brand people for the last couple of days. The presentation from the Voice Lead from… Continue Reading

The Minus One Moment of Truth – The Answer to Your Naming Challenge

Posted in Advertising, Branding, Guest Bloggers, Keyword Ads, Marketing, Mixed Bag of Nuts, Search Engines, Trademarks

– Mark Prus, Principal, NameFlash Back in the mid-2000s, A.G. Lafley (during his first tour of duty as CEO of P&G) championed the “First Moment of Truth” which represented the time when people are looking at the store shelf and trying to decide whether to buy the product. Later, P&G emphasized the “Second Moment of… Continue Reading

Do Marketers & Salespeople Ruin Everything?

Posted in Advertising, Guest Bloggers, Keyword Ads, Look-For Ads, Marketing, Mixed Bag of Nuts, Search Engines, Social Media, Social Networking, Technology

– David Mitchel, Director of Marketing – Distribion, Inc. During the recent LIMRA-LOMA Social Media Conference for Financial Services, one of the key points that keynote speaker Gary Vaynerchuk made was that marketers & salespeople ruin everything. “Ruin everything” is a subjective phrase, and was meant in terms of various marketing channels. Is he right?… Continue Reading

Louboutin & Lessons Learned

Posted in Branding, Copyrights, Infringement, Keyword Ads, Law Suits, Marketing, Non-Traditional Trademarks, Search Engines, Sight, Trademarks, USPTO

As promised, here are some further thoughts, lessons learned, and remaining unanswered questions concerning the recent and long-anticipated decision of the Second Circuit Court of Appeals in Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc. Lessons Learned for Marketing Types: Single color trademarks may be owned, registered, and protected when they are distinctive and… Continue Reading

All in the Name of Vicious Domain Name Grabbing?

Posted in Domain Names, Goodwill, International, Keyword Ads, Marketing, Search Engines, Social Networking, Trademarks

We thought we had arrived when DuetsBlog made a listing of the Top 100 Branding Blogs, and it also was kind of nice when the DuetsBlog mark became federally registered, but now it appears we have reached yet another level of notoriety, appreciation, and respect altogether, as DuetsBlog is now receiving the most thoughtful of email solicitations all the way from Hong… Continue Reading

Save Big What? Where?

Posted in Advertising, Branding, Keyword Ads, Marketing, Search Engines, Trademarks

Seeing this Cartridge World vehicle bumper led me to wonder, is it possible to save anything big besides money? And, not to worry, I didn’t snap the photo, I was doing the driving. The www.savebig.com website doesn’t seem to offer any help answering my question. According to a more complete Cartridge World slogan, what ever it is you… Continue Reading

Trademark Initial Interest Confusion: It’s The Real Thing

Posted in Advertising, Branding, Food, Infringement, Keyword Ads, Marketing, Trademarks

A little while back I wrote about the Likelihood of Confusion test in Trademark Law and how it protects trademark owners against much more than simply likelihood of confusion as to source.   I also wrote about how Wolf Appliance was able to convince a federal judge in Wisconsin to grant a preliminary injunction barring Viking Range from selling a… Continue Reading

The Sign of a Successful Trademark Enforcement Program

Posted in Advertising, Branding, Copyrights, Infringement, Keyword Ads, Law Suits, Marketing, Search Engines, Trademarks

Unable to resist a good trademark story, I snapped this photo in one of the countless gift shops along Hollywood Boulevard, as my family searched for various stars and did the "Walk of Fame," a week or so ago. What drew us into this particular shop was a striking wall full of shelves displaying what appeared to be rows upon… Continue Reading

Big Numbers in Downloads and Domain Names

Posted in Advertising, Domain Names, Keyword Ads, Marketing, Search Engines

–Dan Kelly, Attorney You may have heard the news that iTunes has hit the 10 billion (with a “b”) mark in number of songs downloaded.  Sales began in 2003.  That’s an average pace of more than 1.4 billion downloads a year.  Considering that a typical single song retails for $0.99 on iTunes (likely higher than… Continue Reading

The Long and Short of Name Development

Posted in Advertising, Branding, Guest Bloggers, Keyword Ads, Marketing, Search Engines, Social Networking, Trademarks

by Mark Prus of NameFlashSM Some of my name development clients are fans of long, keyword-rich names. Obviously the appeal of a search engine spotting your website is driving this approach. Some of my naming clients are fans of short names that can be easily shared on Twitter. Which approach is better? I will confess… Continue Reading

What a Crock, Pot That Is . . .

Posted in Branding, Genericide, Infringement, Keyword Ads, Law Suits, Marketing, Search Engines, Trademarks

We’re not talking the foamed footwear Crocs® that Randall Hull wrote about in his What a Croc! post from a couple of weeks ago. Instead, we’re talking slow cookers — on this snow-capped Valentine’s Day in the Twin Cities. Every once in a while a stroll down the grocery store aisle leaves me surprised when… Continue Reading

Essential Spacing: Night & Day Commercial Impressions

Posted in Advertising, Branding, Keyword Ads, Marketing, Search Engines, Sight, Trademarks

Millimeters apart on the label, miles apart in meaning. Yes, a few extra millimeters of blank space can make all the difference in the world for some brands. Especially when the brand name consists of two words, and the typical visual treatment has all letters appearing in identical size and style (all caps), and when compressing the words yields an unintended,… Continue Reading

Lies, Damned Lies, and Statistics: Advertising on the Internet

Posted in Advertising, Keyword Ads, Marketing, Search Engines, Social Networking

–Dan Kelly, Attorney Professors at the University of Pennsylvania and at UC Berkeley School of Law released a study this week conclusively titled “Americans Reject Tailored Advertising,” suggesting that there is high resistance among individuals to tailored advertising on the Internet.  (Press release from Penn here, NYT coverage here.)  Although I have been unable to… Continue Reading

How About Summit Beer for the Beer Summit?

Posted in Advertising, Branding, Food, Keyword Ads, Marketing, Search Engines

–Dan Kelly, Attorney Sometimes the world hands you lemons, and sometimes it hands you lemonade . . . or free beer . . . or even free advertising.  What serendipity for the Bud Light, Red Stripe, and Blue Moon brands that the media’s most recent tempest in a teapot has culminated in a “Beer Summit,” and that… Continue Reading

Misleading Pharma Ads on Search Engines (Google)

Posted in Advertising, Almost Advice, Guest Bloggers, Keyword Ads, Marketing, Search Engines, Trademarks

In April the FDA sent formal letters to a number of pharma companies warning them of their misleading paid search ads in Google. Essentially the FDA wants pharma brands to put their full name of their product and associated risks in the ad. The problem as stated by pharma companies is that these paid search ads in… Continue Reading