Yesterday in Seattle — where nearly 11,000, sleepless, brand protection, trademark, and IP professionals from 150 countries have registered and converged for INTA’s 140th Annual Meeting — yours truly had the distinct pleasure of sharing some thoughts on the intersection between federal trademark registration and Free Speech. Here are some before, during and after
Does Erik Brunetti Have Ford’s Attention Yet?
Last Friday was a big day for Erik Brunetti. He won his appeal at the CAFC, opening the door to federal trademark registration of his four-letter-word “fuct” clothing and fashion brand name.
The same door swung wide open for all other vulgar, scandalous, and immoral designations used as trademarks,…
Are we entering the era of engine sound marks?
-Martha Engel, Attorney
One of the biggest issues facing electric car manufacturers is how quiet they are. So quiet in fact that 60 Minutes edited in an engine roar to its Tesla story. The quiet can have dangerous consequences for pedestrians and others. Riding my bike, I often listen for the sound of an…
Ford’s Patent Announcement Not so Groundbreaking
— Jessica Gutierrez Alm, Attorney
Last week, a press release announced that Ford would “Open[] [its] Portfolio of Patented Technologies to Competitors to Accelerate Industry-Wide Electrified Vehicle Development.” Media outlets were quick to report that Ford was joining Tesla in opening its patent portfolio, referencing Tesla’s widely publicized promise last year not to enforce its…
New v. Old: Was Tesla’s Model E Blocked by the Model T?
It’s a rare phenomenon in the 21st century when a US start-up car company can make commercially viable vehicles essentially from scratch, let alone one using new technology and bucking the dealership model. Tesla’s been in the news a lot recently – fires, new lithium battery factories in the US (curiously the largest lithium…
Coca-Cola Open for Co-Branding?
By now you know how much I love the Coca-Cola brand and advertising, and this beautiful gem of a billboard is no exception:
What I’m left wondering is whether consumers might view this as a co-branding campaign between Coca-Cola and Ford, and whether Coca-Cola felt the need to obtain permission from Ford to depict…
The Road Rules
I’m a car aficionado, but in my opinion and without mincing words, car commercials are boring. With few exceptions like the Young Vader ad from VW from the Super Bowl a few years ago, car commercials are stale and, more than any other genre, lack what I consider to be the “umami” of ads…
Will Consumers See Through Invisible Branding?
Last week, Jack Ellis of World Trademark Review, did a very interesting piece on something called “invisible branding”: “Trademark-free marketing: should other companies follow Ford?”
In it, Ellis explores Ford Motor Company’s recent decision to utilize no trademark or brand references in Ford’s “Go Further” advertising campaign.
It is interesting timing for Ford to…
Chevy Silverado Super Bowl Ad
Absorbing all the television commercials in between football action on the field can be as much fun on Super Bowl Sunday as the actual game itself, at least for trademark and marketing types, especially when your favorite team isn’t even on the field.
One of my personal favorites from this past weekend’s Super…
Who Owns a Dead Brand?
– John Reinan, Senior Director at Fast Horse, a Minneapolis marketing agency
I love “orphan” cars — the marques that have gone out of business. Most of them are barely remembered by Baby Boomers, much less anyone younger. Packard, Hudson, Nash, Studebaker, Willys – these and other automakers often were stylistically and technically more…