North Memorial is pressing up its commitment to using the Google mark on outdoor billboards: I have the same questions from last month for its digital campaign in the Minneapolis skyway. And one more: Will this increased visibility result in an emergency, calling for a Juris Doctor?
The federal courts of appeals have split as to how to apply the doctrine of nominative fair use in trademark infringement cases. Last week, the Second Circuit endorsed the nominative fair use factors used by the Ninth and Third Circuits. At the same time, however, the court rejected the manner in which the Ninth and… Continue Reading
I once spent 20 minutes trying to figure out whether I was installing a metal insert for an NYMÖ lamp upside down, or rightside up. I’m still not sure I ever installed it correctly, but it’s still working. So there. But a new IKEA översittare is getting a lot of attention on the internet, and… Continue Reading
While filling up my gas tank at our local Costco last week I coudn’t resist capturing this photo of pump signage to ask our dear readers a few pointed questions: Is there any doubt that the automobile depicted in the Costco advertisement is a Corvette Stingray? If so, HiConsumption should resolve any lingering questions. How did… Continue Reading
Successful trademark enforcement programs . . . .
Unable to resist a good trademark story, I snapped this photo in one of the countless gift shops along Hollywood Boulevard, as my family searched for various stars and did the "Walk of Fame," a week or so ago. What drew us into this particular shop was a striking wall full of shelves displaying what appeared to be rows upon… Continue Reading
The Easter Bunny eats lettuce, right? OK, not a very substantive tie-in for today’s Easter Day post . . . . Anyway, about five weeks ago the United States District Court for the Northern District of Illinois rendered a trademark decision in Lettuce Entertain You Enterprises,Inc. v. Leila Sophia AR, LLC, d/b/a Lettuce Mix, granting plaintiff Lettuce Entertain You a temporary restraining order… Continue Reading
v. Texas Toast is the generic name for a type of bread, you know, the big thick double-cut slices. Anyone can call their bread Texas Toast if that is what they are selling, and, by the way, it doesn’t have to be toasted for the name to fit. But, what if you’re selling a product made from bread, say, croutons?… Continue Reading
A couple of weeks ago I posted an Accountemps billboard advertisement that prominently features what appears to be a 3M Post-it brand removable adhesive note, and I asked whether it constitutes fair use, and whether 3M’s permission is necessary to run the advertisement, since 3M owns a federal trademark registration for the color "canary yellow" in connection with these notes…. Continue Reading
This billboard ad has appeared in various locations around the Twin Cities for some time now. Each time I saw it, I wondered whether it would be the last, given how vigilant 3M is in protecting its various trademarks and other intellectual property. This time, I had a camera handy to capture it. Now it’s time for some questions. Is there any… Continue Reading
This unsolicited e-mail communication from the Caribbean Island of Nevis got trapped in our spam filter, but I thought I’d remove the link and bring it out under a short leash for some legal training and discussion: Trademark fair use, you ask?
Finally, here is a photo of Rapala’s "More Hits Than Google" billboard ad discussed previously in my Monday post entitled: "Rapala Fishing Lures: More Hits Than Google? Or, More Cats Than You Can Shake a Stick At? " Sorry for the delay folks. Anyone notice the exceedingly small print located in the lower right corner… Continue Reading