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Tag Archives: Brandverbing

DuestBlog Reflections: Embracing Tension

Posted in Articles, Branding, Genericide, Loss of Rights, Marketing, Trademarks

As the drum beat grows for our interview of Seth Godin tomorrow, it is only fitting that we are reminded of the importance of embracing tension and the ruckus we’ve set out to make here. Seth’s fabulous and penetrating new book called This is Marketing, will be released tomorrow, no doubt another best-seller, a must-read for… Continue Reading

Verbing a Wine Brand Won’t Make You a Star

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

Welcome to another edition of trademark stories that are inspired by billboard advertisements: This one was captured for obvious reasons, if you’re familiar with our interest in brandverbing: Just Verb It? A Legal Perspective on Using Brands As Verbs: Part I Just Verb It? Part II: A Legal Perspective on Using Brands as Verbs Just Verb It? Part… Continue Reading

A BrandVerb Uber Alles?

Posted in Advertising, Almost Advice, Articles, Branding, Genericide, Loss of Rights, Marketing, Trademarks

Uber, the popular brand that helps people arrange prompt ground transportation, is now also being called a verb. The Star Tribune recently reported that the founder of iHail, a recent competitor of Uber in the Twin Cities market, would like to achieve the same anointed status: “I want iHail to become a verb, just like… Continue Reading

Show, Don’t Tell . . . The Preferred Approach

Posted in Advertising, Almost Advice, Articles, Branding, Genericide, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Technology, Trademarks

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 for… Continue Reading

Samsung Boards Brandverbing Bandwagon

Posted in Advertising, Articles, Branding, Genericide, Loss of Rights, Marketing, Technology, Trademarks, USPTO

Samsung appears to be the most recent brand to board the brandverbing bandwagon with its Galaxy Note 4 advertising campaign, asking the critical question: Do You Note? Samsung has federally-registered in the U.S. the trademark GALAXY NOTE for smart phones, mobile phones, and tablet computers — note the absence of a disclaimer of NOTE, meaning… Continue Reading

Googling Doesn’t Break Google Trademark

Posted in Articles, Famous Marks, Genericide, Law Suits, Loss of Rights, Trademarks

Our friend Professor Eric Goldman, over at his Technology and Marketing Law Blog, reported earlier this week that the Google trademark has survived a genericness attack by a fellow named David Elliot. Here is a link to Mr. Elliot’s complaint filed in Arizona federal court back in May of 2012, and here was Martha’s coverage…. Continue Reading

Tonight We Tanqueray a Trademark

Posted in Advertising, Articles, Branding, Genericide, International, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks, USPTO

                  Diageo, the Tanqueray brand owner is currently running billboard ads in the Twin Cities as part of its “Tonight We Tanqueray” ad campaign. A couple of years back when the campaign first was announced, Diageo explained it this way: “One of the world’s most awarded gins, Tanqueray London Dry… Continue Reading

The 140-Character Trademark Lesson

Posted in Branding, Genericide, Guest Bloggers, Loss of Rights, Mixed Bag of Nuts, Social Media, Social Networking, Trademarks

– Draeke Weseman, Weseman Law Office, PLLC When I think of Twitter, I think of — it’s really hard to define because we’re still coming up with the vocabulary — but I think it’s defined a new behavior that’s very different than what we’ve seen before. — Jack Dorsey, Twitter Co-Founder in 2009 My, how… Continue Reading

A Trademark Spinning Out of Control?

Posted in Almost Advice, Articles, Branding, Genericide, Loss of Rights, Marketing, Trademarks

With the upcoming 2012 presidential election, this is the time during our American political cycle where spinning is almost a sport — at least an expected activity. Puns intended, as you’ll see. Over the last several years, I’ve heard my wife speak about “spinning classes” at a local health club (mind you, not at the local political party caucuses) — so, a… Continue Reading

Lacking Credibility

Posted in Almost Advice, Branding, Genericide, Loss of Rights, Marketing, Trademarks

I’ll have to say, I really enjoyed Aaron Keller’s guest post from yesterday. In addition to the valuable insights he provided, it got me thinking about some perhaps unrelated, but parallel topics of likely interest to legal and marketing types. Aaron wrote about the importance of a brand being honest with itself and others. He expressed the need… Continue Reading

Webinar: Hot Marketing Topics with Trademark & Legal Implications

Posted in Branding, Genericide, Guest Bloggers, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Trademarks

Last week I had the distinct pleasure of participating in a ninety-minute webinar with my good friend, frequent and eloquent guest-blogger on DuetsBlog — Aaron Keller of Capsule — complete with some friendly banter on the following: "Hot Marketing Topics with Trademark and Legal Implications." Minnesota Continuing Legal Education has generously provided a link where the webinar can be viewed in its entirety, here. As you’ll… Continue Reading

This is How You Verb Your Brand

Posted in Branding

Recovering from a nasty bout of walking pneumonia over the last couple of days, I probably spent more time (at least, mindless time) in front of the television than the last several months combined. One thing that caught my eye during a brief and surprisingly mindful moment while I suffered was another brand to recently jump on the brandverb… Continue Reading

Just Verb It? Part II: A Legal Perspective on Using Brands As Verbs

Posted in Advertising, Branding, Food, Genericide, Loss of Rights, Marketing, Search Engines, Trademarks

It is probably fair to say from my initial Just Verb It? post, the many articles referenced in that post, the substantial panel of commentary to the post, and additional interest in the topic, that at least two truths about “brandverbing” are beyond much, if any, debate: (1) Lawyers (including the International Trademark Association’s guidelines on proper trademark use) routinely advise brand… Continue Reading

Just Verb It? A Legal Perspective on Using Brands As Verbs: Part I

Posted in Advertising, Branding, Genericide, Loss of Rights, Marketing, Trademarks

There is a growing interest and, quite frankly, a dogged persistence among branding professionals to select brand names that have the ability and potential to be “verbed.” This makes trademark attorney types nervous and those of the “Dr. No” variety actually become unglued. So, why the emphasis or fascination with verbs anyway? The answer apparently can be found in the definition of a… Continue Reading