From time to time, I post squirrelly thoughts. Today, I wonder: Should a large company with famous, distinct trademarks sometimes hold back from aggressively enforcing those trademarks, even when doing so might at first appear to be a useful competitive strategy? I’m sure many executives at McDonald’s–the worldwide fast-food chain that it is so ubiquitous
A recent Mall of America and Nordstrom shopping trip (with visiting extended family), coupled with some initial moments of admitted boredom, led me to wandering through the shoe department:
Let’s just say, the stroll through the shoe department made it all worthwhile, to capture the above image, showing Louboutin’s latest fashion sense, leading to my
Lauren Millward, Solicitor, Browne Jacobson LLP
In recent times trade mark law in the UK has developed to comply with the fundamental principles of the EU including the free movement of goods and services within the EU. The decision of the Court of Appeal in the UK in Speciality European Pharma Ltd v Doncaster Pharmaceuticals
Can you name the owner of this exclamation mark branding signal?
You may be surprised to learn it is federally-registered in the U.S. as a stand-alone non-verbal trademark.
You may be even more surprised to learn, it was federally-registered without a showing of secondary meaning or acquired distinctiveness, because it was viewed as an inherently distinctive non-verbal trademark.
This is no ordinary exclamation mark, however, the trademark owner claims it in a 3D appearance, does that help?
Here’s another clue: In Latin American countries, the brand name associated with this particular punctuation mark is Pepitos!
Last clue: Would it help to know the goods associated with this registered trademark are chocolate chip cookies?
Answer below the jump.Continue Reading Branding Exclamations!