With the holiday season half way over, and Christmas less than a week away, you’re running out of time to bring some holiday cheer to those around you. Luckily, Chipotle, Taco Bell, and Jimmy Dean have your back and they’re ready to help you surprise and delight your food-obsessed friends and family this Christmas.

Perhaps your spouse just can’t get enough burritos from Chipotle? Well, how about Chipotle-branded guacamole, salsa, or tin foil wrapping paper on their gifts?

Or maybe your childhood memories are filled with the scent of a hearty breakfast on Christmas morning at your grandparents’ home. I’m sure your grandma or grandpa would be giddy with excitement when their gift comes wrapped in this sausage scented Jimmy Dean wrapping paper.

If your best friend is more into Taco Bell. You could go all out and build a tower of gifts, with guacamole, cheese, and the rest of the ingredients filling your gift stack wrapped from top (tortilla) to bottom (tortilla).

In today’s age of social media and cable cutting, creative marketing efforts like the above could encourage and deepen brand loyalty among consumers. It’s also a whole lot of free advertising as consumers share this content on social media platforms like Twitter, Instagram, and Facebook. In fact, the Taco Bell CrunchWrapping paper apparently reached #16 on Amazon Canada’s Best Sellers list before it sold out, so the preliminary results suggest the campaign was a success. With this success, it would not be surprising to see more brands join in on the fun next year, so keep an eye out next November for 12 feet of high definition Arby’s roast beef!

Maybe you’ve heard of Warby Parker. The eye wear company has become quite successful in a previously monolithic industry. But a tongue-in-cheek advertising effort for a new onion ring monacle might just cross the line into provoking a trademark feud. See, Exhibit 1, below:

And, for the main course:

Even if Warby’s doesn’t actually sell the products, the packaging incorporates not only the entirety of the Arby’s trademark, but also the iconic, cowboy hat/maybe-its-a-fishhead logo. Has Warby Parker’s rebellious attitude finally crossed a line?

It turns out, no. No it hasn’t. According to AdWeek, Arby’s and Warby Parker specifically teamed up on this project as part of an elaborate April Fool’s Day joke (and, ICYMI, this is not Warby Parker’s first rodeo, either). So the joint use of the marks is authorized by both parties and not an infringement. As the companies explain in their joint press release:

Arby’s has an eye for meat. Warby Parker has meat for eyes. The result? A new partnership sandwiched somewhere between vision and at least eight different kinds of meat.

If you’re lucky enough to live in New York, New York, there will be two real life Warby’s restaurants, beginning this Friday, March 30th. The participating locations are at 121 Greene Street and 32 E. 23rd Street. I don’t know where those addresses are, but for marketing purposes I hope it isn’t Long Island (no offense, Long Island).

So yes, this isn’t an infringement issue. But this is still a trademark story. At some point attorneys on both sides of the equation received an email because “This sounds awesome, but I think we have to run it by legal first.” Thankfully, the attorneys didn’t get in the way of this project to prevent it from actually happening.

My only complaint is that the companies announced it as an April Fool’s Day joke. You have to at least try to trick people into falling for it. Come on.

Taglines and advertising slogans can be wonderful branding and marketing tools, but I’m thinking (not Arby’s, by the way) that McDonald’s is probably not thinkin’ that its (likely) famous I’m lovin’ it tagline accurately describes its taste for the federal trademark infringement lawsuit that Twin Cities-based Lion’s Tap recently slapped on McDonald’s for its whopper of an advertising campaign — promoting its new Angus Third Pounders — served up with the clever and simple play-on-words advertising slogan and question: Who’s Your Patty?

No doubt, McDonald’s likely will not make a run for the border, instead, it likely will instruct its team of lawyers to think outside the bun in designing a successful legal defense and response strategy, in the hope of not hearing the court say to Lion’s Tap in the end, have it your way

For your reading pleasure, here is a pdf copy of the complaint filed last Friday in Minnesota federal district court. As you will see from the Minnesota State Who’s Your Patty? Certificate of Registration (attached to the filed complaint), Lion’s Tap waited to register its claimed mark in Minnesota until August 18, 2009, ten days before filing suit. As a result, Lion’s Tap clearly did not register the tagline "four years ago," or back in 2005 (the year it claims to have commenced use), as incorrectly reported ad nauseam, here, here, here, here, here, here, here, here, and here. Well, at least a couple of the media outlets covering the story avoided the mistake, and got the registration date right.

So, why is the date of registration significant? If McDonald’s didn’t know about Lion’s Tap’s use before rolling out its own use of "Who’s Your Patty?" — an entirely plausible scenario, since the mark was not registered, even in Minnesota, until well after and apparently in response to McDonald’s already commenced use — it starts to look like a much different case for Lion’s Tap (more un-Hamburglar-like), for reasons I’ll explain later.

Continue Reading All About Taglines and Advertising Slogans: Who’s Your Patty Anyway?