We cover a lot of topics related to nominative fair use of trademarks, see here, here, and here for some of those discussions. Does the example below on product packaging from J. Crew qualify for fair use of the iPhone 6 mark?
The International Trademark Association would say so: “In general, the
We have some razor sharp readers and guest bloggers. We’re deeply thankful and especially grateful when our readers and guest bloggers send us real life illustrations of marketing pitfalls we’ve identified, sliced and diced here on DuetsBlog. They provide more great teaching tools.
Hat tip to our own James Mahoney of Razor’s Edge Communications for
– Randall Hull, The Br@nd Ranch®
On January 10, 2016, David Bowie “left the building” after an 18 month battle with cancer — a complete shock to many of us who were fans. We didn’t know David was ill. Yes, there were the rumors of his death triggered by his heart attacks, six of them
– James Mahoney, Razor’s Edge Communications
Somebody might steal my ideas.
I’ve heard this consistently over the years, including in a few conversations this past month.
One was with a woman who wants to market her art as greeting cards, but is certain that the “big” card companies would copy her ideas and elbow her
To the extent you’re also all about brands and trademarks, and you imagine a trademark story with each brand you might encounter, I suppose there are an infinite number of ways, right?
One of the Peace Coffee shops in our office building offers K’UL chocolate, and the point of sale display caught my eye,
-Wes Anderson, Attorney
A bit belated, but I finally caught a screening of Star Wars: The Force Awakens. Unbeknownst to me, the film was missing a part of the Star Wars experience many fans hold dear. And it’s all about branding.
Note: No spoilers of the film itself follow here, unless you consider a discussion
–Jason Voiovich, Chief Customer Officer, Logic PD
Who among you is surprised that Snoop Dogg was among the first to create his own marijuana brand? Or that the distinguished list of early entrants includes Willie Nelson and Melissa Etheridge? Like me, you are probably not shocked. Recreational marijuana is “legal” in four states. Medicinal use
Let’s suppose you conduct sightseeing tours using a tram car, maybe on the boardwalk in New Jersey. Maybe even a famous tram car service you’ve operated since 1949?
Let’s further suppose your passengers may get on or off anywhere along the route, as it travels along Wildwoods Boardwalk.
Would you think you could own
– Mark Prus, Principal, NameFlash
As we begin the New Year, many entrepreneurs are looking for “the next big idea” for 2016, as in trying to find “the next Google.” How about trying to find “the next small idea” instead?
When introducing a new product or service it is usually best to think small. Thinking
Word to the wise, not the best idea to name a product or service by using another’s brand.
So, when Duke’s Seafood & Rib Shack restaurant wants to create a name for their bar, permission would be required to use the Corona brand — there is no applicable trademark fair use defense merely because they