Preparing to send off to college my two oldest sons, led us to Ling & Louie’s Asian Bar & Grill’s rooftop patio on Minneapolis’ Nicollet Mall last week, and we found an interesting menu item.
Under the Sandwiches category: “Smashed Burger,” is treated generically as a type of sandwich burger, along with “Kobe Beef” and
Why does Smashburger continue down this road of smashing its trademark rights?
Especially, despite our previous cautions:
Another Marketing Pitfall: How to Crush a Smashing Brand Name & Trademark
Crushing a Perfectly Good Brand Name?
In the meantime, we’ll keep watching out for marketing pitfalls and unnecessary marketing copy that
Caution must be exercised in advertising and marketing materials when the brand owner desires ownership of non-traditional trademarks such as product configurations (here and here), trade dress, and single color marks too.
In our ongoing effort to raise the awareness of marketing types to pitfalls that can kill non-traditional trademark rights, a
While visiting SmashBurger this weekend, I noticed a new drink cup, and I anxiously examined it, wondering whether it had been updated to remove the previously devastating (to a trademark type) language: “Where SMASH means we literally smash 100% Angus beef at a high temperature to sear in all the juicy burger goodness.”
For a
Last week we explored how at least some of Seth Godin’s trademark advice is a bit dated.
This week, let’s take a close and careful look at his advice concerning trademark registration:
Some lawyers will get all excited and encourage (demand!) that you register your trademark. This involves paying a bunch of money, filing a
Last week we blogged about the dreaded D-Word and how some marketers unwittingly undermine trademark rights in a brand name by explaining that the name "describes" or is "descriptive" of the goods or services sold under the brand.
We also have blogged about the danger of "taking a suggestive name, mark, or tag-line, and using it descriptively in
Frequently brand owners find themselves in the position of wanting or needing to explain the thinking behind their name, mark, and/or brand. Sometimes the explanations appear publicly on product packaging, websites, catalogs, brochures, advertising, and frequently in press releases, or perhaps in statements to reporters, especially when trademark litigation concerning the brand is involved. Such explanations about the brand’s