Welcome to yet another edition of non-traditional trademarks, but instead of discussing brown paper bags for chips as trademarks, today we’re focusing on a U.S. trademark registration that surprisingly issued just a few weeks ago — a net bag package design for holding toy marbles:
Non-Traditional Trademarks
Food Packaging Trademarks: It’s in the Bag?
Welcome to another edition of non-traditional trademarks in connection with package designs:
The Billy Goat Chip Company contends it owns exclusive rights in a protectable and distinctive trademark for the appearance of the above chip bag, minus any words or images — just the shape and configuration of the bag. (Reminds me of my…
Trademark a feeling.
–Aaron Keller, Managing Principal, Capsule
How fast are you getting at typing with your thumbs? My high school typing instructor would be so proud of my advancements. I’d say 60 words a minute if I am humming along with an idea of what to write. Not bad, proud to say I am writing…
More Imaginative THANN Other Soap Brands
On a recent trip to the Washington, D.C. area, I had the opportunity to stay at the Bethesda North Marriott Hotel & Conference Center, and I’ll have to say, as a trademark type, it was difficult to avoid being drawn to their unique and engaging bath soap and packaging:
In my experience, most bath…
Big Green Egg on Hunt for TM Registration
As it turns out, four days after Easter, the USPTO refused registration of the Big Green Egg’s claimed exclusive rights in the shape and color of its popular barbecue smoker and grill:
As you will recall, we wrote about this product configuration trademark application, back in December of last year. Here are the challenges…
Britto v. Apple: Utilizing the IP Kitchen Sink
-Wes Anderson, Attorney
Can an artist’s particular style of art constitute both copyrightable expression and trade dress?
Brazilian artist Romero Britto has filed suit against two artists known as “Craig & Karl” for copyright infringement — and since the artists’ work was featured by Apple, Britto has sued the company as well for trade dress…
Show, Don’t Tell . . . The Preferred Approach
FUSE 2015 is off to being yet another amazing, inspiring event for brand strategy and design professionals. The keynote speaker for day one was Eric Quint, Chief Design Officer of 3M, who delivered a very interesting presentation called: “Future Forward: Beyond Design Tourism.”
Little did Mr. Quint know that he set the table nicely…
The Keys are in the Design
-Martha Engel, Attorney
We often ask kids this question: “what do you want to be when you grow up?” While my trajectory towards lawyering is true, my answer wasn’t always immediately “lawyer.” I sought something that satisfied my passion for the creative, my critical eye, and my aptitude for math. For a long time,…
Designers, Marketers, TM Counsel, As One
Seth Godin writes a post today that resonates with our continued drum beat about a corporate chasm that can divide those on the same team.
In his post, Seth writes about the “inevitable split between the people who market what gets made and the people who design what gets made.”
He notes the difficulty…
Bringing Down the Bauhaus for Trademarks?
We’ve been spilling a lot of digital ink lately on the topic of non-traditional trademark protection and how the functionality doctrine serves as an absolute bar for such protection.
As you know, for some time, we’ve been stressing the importance of close collaboration between trademark and marketing types when it comes to forming public communications…



