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Tag Archives: Disclaimer

When Are You in a Lather About Trademarks?

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

As you know, I enjoy telling trademark stories about soaps encountered on my various trips: Lather® (brand) soap recently caught my eye — and the lens of my iPhone — while in Palo Alto. Interestingly, the USPTO has treated the word as inherently distinctive, in Lather’s registrations. In other words, not merely descriptive, even though using the product surely produces some…. Continue Reading

Budweiser and Jim Beam on the Same Team

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

In April, news broke that two iconic alcohol brands were joining forces to create a remarkable new beer: Jim Beam Budweiser Copper Lager. Fruit of the joint labor is now available for consumption: The unique combination doesn’t appear destined to fall flat, as in the early days since launch, it seems to be attracting even… Continue Reading

A Minnowsotan Perspective on TM Disclaimers

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

There is at least one more 2018 Rapala billboard out there, just netted this one over the weekend: Rapala’s clever Minnowsotan billboard inspired me to cast a few lines about the law concerning trademark disclaimers, as they often reel in some great questions from branding professionals. Tim did a helpful post on trademark disclaimers, guiding why the USPTO requires them, their legal implications, and encouraging brand owners to properly… Continue Reading

Owning Some TM Happiness: Bubly ≠ Bubbly?

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

For a few months now, the Minneapolis skyway system has been flooded with a variety of fresh, creative, eye-popping advertising to promote Pepsi’s new bubly sparkling water collection: Although not a lie (the bottles I’ve seen clearly reference Pepsi), you’d never know from this ad or the trademark registration that Pepsi is behind bubly, since an Irish entity… Continue Reading