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
–Susan Perera, Attorney
Every once in awhile I run across a product and find myself wondering… why did they name it this? I recently ran across the Duck Tape brand shown below. My first reaction was “duck” is a commonly misused term to identify what should be called “duct” tape, and this brand owner interestingly
In the wake of all the discussion and debate over “trademark bullying,” NFIB (National Federation of Independent Businesses), the self-proclaimed Voice of Small Business, recently offered its members and followers “5 Steps to Avoid Corporate Trademark Bullying“:
This scene from the Minnesota State Fair reveals how the “About a . . . Foot Long Hot Dog” stand is a “State Fair Taste Tradition. . . .” With respect to the name, I have always believed that the “About a . . .” qualifier is lawyer-driven to avoid false advertising lawsuits if a
On this Valentine’s Day, after enduring weeks of the same endless running of national retail jewelry chain advertising, leading up to this annually celebrated day of love and affection, I thought it might be fitting to try a few retail jewelry store taglines on for size and examine — at least from a trademark perspective — their protect-ability and likely placement on
On a recent pilgrimage to my home town to visit the University of Iowa and to see the Hawkeyes play football again in hallowed Kinnick Stadium, I discovered that a rather rudimentary and perhaps impolite (or potty mouth), yet passionate (sorry Nancy) branding technique, is alive and kicking in Iowa City. I also learned what now appears to go hand-in-hand (or, perhaps leg-in-hands as opposed to a single hand) with Hawkeye football games, at least those played on their home turf:
Somehow the static sign doesn’t do justice to the in-person-experience, so try the YouTube video.
Once again, I’m reminded of Anthony Shore’s succinct naming insight:
There was a time when a simple, honest name was good enough.
Anthony, it appears those times are alive and well (or at least kicking) in the middle of the heartland.
Having said that, I’m also reminded of Liz Goodgold’s caution over "Potty Mouth Marketing: Six Reasons Why Vulgar Language is the Curse of Your Brand".
Trademark Office insights below the jump.Continue Reading Primitive & Impolite, But Non-Vulgar Trademark & Naming Technique?
A couple of days ago, I promised to try and make the case for why the State of Minnesota ought to hire an experienced trademark attorney.
OK, so I’m a day late, but you can decide if I’m a dollar short too. By the way, it was the federal trademark registration record for the below
Welcome to another edition of AlphaWatch (the next one in our queue), where we explore the reach of single-letter trademarks, this time focusing on the letter Q and the single-letter branding cues it might suggest to consumers:
Are you able to name the un-truncated version of this single-letter mark and brand?
My daughter could. The answer is below the jump.Continue Reading Taking Branding Cues from Q in the Single-Letter Trademark Queue
Are you able to identify BlueCar from these two images?
How about green, do you see a green car here?
And, no, we’re not testing for envy or color blindness.
Easy, right? Not so fast . . . .Continue Reading Environmentally Friendly Brands: Blue A Cleaner Choice Than Green
Guest Blogger Anthony Shore of Operative Words, recently wrote about the naming pendulum swinging away from arbitrary names and back toward brand names having an honest, straightforward, and even humble quality, in Truth is Stronger Than Fiction.
Another way of saying it might be: naming is going back to the basics. I recently came across a