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Category Archives: Marketing

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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

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

Lawsuit Verdict Makes Grumpy Cat Smile

Posted in Contracts, Copyrights, Dilution, Infringement, Law Suits, Marketing, Mixed Bag of Nuts, Trademarks

For anyone unfamiliar with internet cat personalities, Grumpy Cat is a well-known feline whose dwarfism and underbite culminate in a perpetual—and adorable—sour expression.  Grumpy Cat’s real name is Tardar Sauce.  In 2012, when Tardar Sauce was only a few months old, she became an internet sensation after a photo of her endearing scowl was posted… 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

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

Legitimate Super Bowl Ambush Marketing

Posted in Advertising, Articles, Branding, Dilution, Fair Use, False Advertising, First Amendment, Infringement, Marketing, Trademark Bullying, Trademarks

Not all ambush marketing is created equal. Some can cross the line and create a likelihood of confusion as to sponsorship. Some falsely advertises. But, some is totally fair use and lawful. This current promotional banner by La-Z-Boy is capitalizing on the excitement surrounding the upcoming Super Bowl weekend festivities, but without reasonable risk of… Continue Reading

The Minnesota Miracle That Lasted a Moment?

Posted in Advertising, Articles, Branding, Fashion, Marketing, Trademarks

Well, it was fun while it lasted. Some incredible moments last longer than others, and when the stars are all lined up, they can even translate into a movement. Yet, the blistering loss in Philly proved that our hope of being more than a host for Super Bowl LII, wasn’t meant to be. Minnesota was seriously buzzing for the past week,… Continue Reading

Dilly Dilly, Minnesota Vikings Going to Philly

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

Wow, words don’t and could never describe the emotions behind the last ten second fourth-quarter TD and Vikings win over the New Orleans Saints — Who Dat Nation — last night in Minneapolis: Hat tip on the title, to a lubricated fan leaving U.S. Bank Stadium after the game — the whole Dilly Dilly thing seems kind… Continue Reading

Happy Birthday: TTAB Turns Sixty in 2018

Posted in Articles, Branding, First Amendment, Infringement, Marketing, Mixed Bag of Nuts, Trademark Bullying, Trademarks, TTAB, USPTO

We follow closely and write a lot about what goes on with the Trademark Trial and Appeal Board (TTAB) at the U.S. Patent and Trademark Office (USPTO); these ironmongers do too, really well. Serious trademark and brand owners care about TTAB decisions because many trademark disputes begin and end there, as the TTAB determines the important… Continue Reading

Super Bowl Ambush Marketing Games Begin?

Posted in Advertising, Articles, Branding, Fair Use, False Advertising, Marketing, Non-Traditional Trademarks, Trademarks

We continue to have Super Bowl LII on our minds here in the Twin Cities. It’s hard to avoid thinking about the upcoming “Big Game” with ads like these blanketing our skyway maze: Turns out, everyone wants to have a little piece of the action in this upcoming event, even without the formality and cost… Continue Reading

Does Erik Brunetti Have Ford’s Attention Yet?

Posted in Articles, Branding, Famous Marks, Fashion, First Amendment, Marketing, Trademarks, USPTO

Last Friday was a big day for Erik Brunetti. He won his appeal at the CAFC, opening the door to federal trademark registration of his four-letter-word “fuct” clothing and fashion brand name. The same door swung wide open for all other vulgar, scandalous, and immoral designations used as trademarks, because the 112-year old registration prohibition… Continue Reading

Torchy’s “Damn Good” Trademark Bullying…Or Not?

Posted in Branding, Infringement, Marketing, Mixed Bag of Nuts, Social Media, Social Networking, Trademark Bullying, Trademarks

A few weeks ago, a Mexican restaurant in Fort Collins, Colorado, named “Dam Good Tacos,” agreed to change its name based on a settlement in a trademark dispute with another Mexican restaurant, Torchy’s Tacos. Torchy’s Tacos owns a federal trademark registration for the mark “DAMN GOOD TACOS” (Reg. No. 4835497) for restaurant services. After learning of the Dam… Continue Reading

Will the Small Hotel Knock the Gym Out of its Space?

Posted in Branding, Law Suits, Marketing

The Equinox Hotel Management, Inc. (“Equinox Hotels”) sued the Manhattan upscale gym giant, Equinox Holdings Inc. (“Equinox Gyms”), asking a federal judge in California to block the gym from expanding into hotels. Equinox Hotels do not want the upscale gym giant to take over the small company’s identity. Equinox Hotels fears that its brand recognition… 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