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Category Archives: Social Media

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Just Which “Wayne” Are We Talking About?

Posted in Articles, Copyrights, Dilution, False Advertising, Famous Marks, Idea Protection, Infringement, Law Suits, Sight, Social Media, Squirrelly Thoughts, Trademarks

Who comes to mind when I list the following character traits: lives in a dystopian metropolis, has a deceased parent, fights criminals, rides a motorcycle, has seemingly-superhero strength, is fearless, has dark hair, and–oh, by the way–his name is “Wayne.” More than that, you learn all these facts about Wayne by watching a trailer for… Continue Reading

Amazon’s Worker Cages and Some Reminders on the Publicity and Value of Patents

Posted in Mixed Bag of Nuts, Patents, Social Media, Technology, USPTO

Amazon’s patent (U.S. Patent No. 9,280,157) for a “System and Method for Transporting Personnel Within an Active Workspace” has been in the news recently. The invention is described as a device for keeping human workers safe in an automated (i.e., robotic) work environment.  In the Background, the patent discusses the rapid rise of automation in… Continue Reading

New NFL Season, New Trademark Fights

Posted in Branding, Goodwill, Infringement, Social Media, Trademarks, TTAB

As we move into Week 2 of the NFL, the big clash in North Country is Sunday’s Green Bay Packers – Minnesota Vikings game. All the buzz is whether the second-coming-of-Favre Aaron Rodgers will prevail over the vaunted Vikings defense. But here in my trademark bubble, I’m more interested in the Jacksonville Jaguars versus former… Continue Reading

Poke Restaurant’s Trademark Enforcement Sparks Protests

Posted in Branding, Food, Infringement, Mixed Bag of Nuts, Social Media, Trademark Bullying

Trademark enforcement, particularly in an age of social media and internet shaming, is tricky business.  Some brands (I’m looking at you, Louis Vuitton) seem to have enough market share to ignore the social backlash from their heavy-handed demand letters.  But companies that lack that kind of brand power could benefit from a bit more finesse… Continue Reading

Registration of a Very Personal Brand Name

Posted in Advertising, Articles, Branding, Marketing, Mixed Bag of Nuts, Search Engines, Social Media, Social Networking, Television, Trademarks, USPTO

How much do I believe in federal registration of trademarks and brand names? Well, this much: I’ve always been a big fan of practicing what you preach. Actually walking the talk. Not just talk. That mindset helps explain why we stuck with the suggestive name of this blog, even after the experts recommended against it several times, for SEO and… Continue Reading

Twitter Flying Too Close to TWIT Mark With Video Content

Posted in Agreements, Famous Marks, Infringement, Law Suits, Mixed Bag of Nuts, Social Media, Social Networking, Technology, Trademarks

Twitter, the social media giant, is being sued by its internet cousin, TWiT.  TWiT, which initially stood for This Week in Tech, is a netcast network providing audio and video tech-related content.  TWiT owns the registered service mark TWIT for visual and audio entertainment performances. According to the Complaint, TWiT founder Leo Laporte and Twitter… Continue Reading

Comic Con (TM)

Posted in Branding, Genericide, Infringement, Law Suits, Mixed Bag of Nuts, Social Media, Trademarks

The term Comic Con has become synonymous with a certain culture.  In recent years, comic book conventions (and comic book culture), have become increasingly popular.  Annual comic book conventions are held in major cities across the U.S. and the world.  Many of these conventions are titled—officially or unofficially—“[City] Comic Con.”  One recent jury decision, however,… 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

Why DIY Branding Is A Bad Idea

Posted in Advertising, Almost Advice, Branding, Guest Bloggers, Mixed Bag of Nuts, SoapBox, Social Media

-Mark Prus, Principal, NameFlash Name Development A lot of entrepreneurs launch businesses behind a name they developed on their own. I get the fact that the name of the startup is intensely personal for the founders. Also money is tight in a startup and spending money to develop a name and do trademark research on it… Continue Reading

Trademark Enforcement in the Social Media Age

Posted in Branding, Infringement, Social Media, Trademark Bullying

Attorneys in general, and trademark attorneys in particular, have a reputation for heavy handedness. The traditional weapon of choice for these legal pugilist has been, and continues to be, ye olde cease and desist letter. A long, unnecessarily wordy letter sprinkled with “without authorization”‘s and “reserves all rights and remedies”‘s and other thinly veiled and… Continue Reading

This Friday: You Can Say Buh Bye to Dr. No!

Posted in Advertising, Articles, Branding, Marketing, Social Media, Trademarks

This Friday, yours truly will be presenting “Making Your Business Blogging Visible” at SME (Sales and Marketing Executives of Minnesota), and you can learn about all of the details here. Given the title, as you might have guessed, I’ll be sharing some perspectives on how DuetsBlog came to be, where we’ve been, how we’ve been doing what we… 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

Nominative Fair Use of Ride-Share Logos?

Posted in Advertising, Articles, Branding, Fair Use, Infringement, Marketing, Social Media, Trademarks

Earlier this year, we contemplated a suitable, accurate, and efficient generic name for the service category created by the highly-disruptive Uber brand: App-Based Ride Service. A visit to Chicago this past weekend, left me thinking that Ride-Share Service or Ride Sharing are suitable alternatives, that appear to be gaining some traction, as seen here: The… Continue Reading

Rapala’s Public Service Announcement?

Posted in Advertising, Articles, Branding, Marketing, Social Media, Social Networking, Trademarks

Sorry for my delay in reporting Rapala’s annual billboard campaign, which began about a month ago, right around the fishing opener, more on my delay later. As you can see, it reads more like a tongue-in-cheek public service announcement than past billboards, playing on the serious problem of texting while driving. Anglers probably handle their… Continue Reading

All for Saving the Original Minnesota State Fair Curds, Say Aye, Better Yet . . . #s and @s

Posted in Advertising, Agreements, Articles, Branding, Contracts, Food, Marketing, Social Media, Trademarks

When Aaron Keller of Capsule deeply cares about an issue (in a deeply fried kind of way), it’s hard not to stand up, pay attention, and follow instructions, especially when his picture of golden little nuggetized cheese curds are involved and the Minnesota State Fair is at stake. As you might have discerned over the… Continue Reading

A Tipping Point For Super Bowl Advertisements?

Posted in Advertising, Almost Advice, Branding, Guest Bloggers, Look-For Ads, Marketing, Mixed Bag of Nuts, Product Packaging, Social Media, Television

-Mark Prus, Principal, NameFlash Name Development I was largely unimpressed with the crop of Super Bowl ads this year. It seemed to me that advertisers have chased “form over function” and have forgotten that when you spend $5 million for a 30-second ad you should probably sell some product to offset that cost. There were… Continue Reading

Donald Trump is on to Something

Posted in Advertising, Almost Advice, Branding, Copyrights, Dilution, Infringement, Law Suits, Marketing, Social Media, Trademarks

Some credit Donald Trump’s win to his savvy social media presence, including tweeting.  He reached millions of voters and caught the nation’s attention with his tweets.  The courts are now recognizing this phenomenon. In a recent trademark dispute between a DJ and a rapper over the trademark “LOGIC,” the Sixth Circuit recently criticized a district… Continue Reading

Santa Goes to the Trademark Office

Posted in Advertising, Branding, Contracts, Fashion, Marketing, Social Media, Trademarks

This is Fashion Santa. Or at least it was until recently. Fashion Santa is a role that originated with model, Paul Mason and Toronto’s Yorkdale Mall in 2014. He promoted the mall and a successful charitable giving campaign. Mason continued as Fashion Santa during the 2015 holiday season, and became somewhat of a social media sensation.  But… Continue Reading

Such a Nasty Trademark

Posted in Mixed Bag of Nuts, Social Media, Television, Trademarks, USPTO

After the last presidential debate, the Republican nominee’s “such a nasty woman” utterance led to somewhat of a rallying cry.  Within minutes, #Nastywoman was trending across social media, and streaming of Janet Jackson’s “Nasty” spiked 250% on Spotify. While many debated the societal and political implications of the comment, a few enterprising individuals recognized a… Continue Reading

Trademark satire is no joke to the City of Atlanta

Posted in Fair Use, Mixed Bag of Nuts, Social Media, Squirrelly Thoughts

Check out this City of Atlanta Facebook page.  The funny thing is that it’s not run by the City of Atlanta.  Although the posts are titled “City of Atlanta” and use the City’s official seal, the page consists of satirical humor composed by Ben Palmer, an Atlanta resident.  Although the first post was only a couple weeks… Continue Reading

Nihilist Arby’s: We Have The Tweets

Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Marketing, Social Media, Trademark Bullying, Trademarks

-Wes Anderson, Attorney I recently came across this new piece of merchandise available for sale online: Look familiar? Those familiar with the restaurant chain Arby’s likely think so. The shirt is a product of the parody Twitter account @nihilist_arbys, created by a former writer for The Daily Show. With occasional references to current events, Nihilist Arby’s… Continue Reading