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

This little gem arrived yesterday, basically an email promotion for this weekend, featuring Randy Moss and celebrating his return to the Minnesota Vikings:

Of course, I’m thrilled too, that Randy Moss has returned to play ball in Minnesota, but that doesn’t mean we forget all about his legal rights (name, image, likeness, right of publicity, to name a few), not to mention the legal rights, trademarks, and trade dress of the Minnesota Vikings and the NFL.

By the way, the purported disclaimer at the bottom of the promotion saying: "All registered trademarks are the properties of their respective owners" doesn’t help either.  Putting aside the unanswered question about any unregistered trademarks shown in the promotion, all this statement reveals is that Lions Tap knows it doesn’t own what it is using, and it begs the question of whether the necessary permission was obtained from the necessary owners.

To the extent my assumption is correct, that Lions Tap didn’t obtain the necessary license and permission to run the above promotion, it appears Lions Tap may have forgotten all the intellectual property law it sought to teach McDonalds earlier this year when it filed a suit for trademark infringement over the Who’s Your Patty tagline . . . . 


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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.


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As a trademark type, something struck me as odd about the Best Buy logo image appearing on the brand new outdoor baseball scoreboard at Target Field, during the Minnesota Twins recent home opener against the Boston Red Sox, so I captured a photograph to discuss it here on DuetsBlog.

What caught my eye was the curious placement of the 

Putting aside, for now, the unsettled question of who currently owns the iPad trademark, and Dan’s perspective on Apple’s trademark clearance strategies, from last week, look at what our finely-tuned e-mail spam filter just snagged:

It is a similar story to my previous Free Dell XPS Laptop Spam Scam? blog post from last December. Here, however, the Apple, iPad, and the (possible)