Our friend Professor Eric Goldman, over at his Technology and Marketing Law Blog, reported earlier this week that the Google trademark has survived a genericness attack by a fellow named David Elliot. Here is a link to Mr. Elliot’s complaint filed in Arizona federal court back in May of 2012, and here was Martha’s
Genericide Watch
Jell-O Revival From What?
Earlier this month E.J. Schultz of AdAge wrote about Kraft’s plan to revive Jell-O:
“For Kraft Foods Group, J-E-L-L-O has spelled disappointment of late. The brand — once known for fun advertising starring the likes of Jack Benny and Bill Cosby — has struggled to find its identity in recent years, while marketing reductions…
Anatomy of a Trademark Warning Ad
For those attending the HOW Design Live Conference in San Fransisco, you may have noticed the inside cover of HOW’s Special Issue on Interactive Design and Typography, most likely penned by a nervous trademark type:
Nervous, I say, because these types of advertisements frequently are…
Putt-Putt Has No Miniature Trademark Rights
With all the golf coverage of the Masters Tournament and the coveted Green Jacket, this past weekend, it seemed particularly appropriate to report on a recent trademark case involving the miniature variety of golf: Putt-Putt, LLC v. 416 Constant Friendship, LLC (April 5, 2013 D. Md.).
So, I learned two things this weekend, Adam…
BAND-AID, TM Death by a Thousand Cuts?
If you were a Band-Aid brand adhesive bandage, and you were cut, would you protect yourself?
Brent, sorry I couldn’t help myself, I’m still enjoying your Louis Vuitton waffle-maker post.
With that intro, let’s turn another page to the Genericide Watch category, here at DuetsBlog:
The Soft Underbelly of Turtles Candy: Is the U.S. Trademark at Risk of Genericide?
It has been a while since we’ve added another page to the Genericide Watch, so a little trip to Candyland, the Twin Cities’ local iconic and old fashioned candy shop, didn’t disappoint:
I suppose that Candyland’s “Mock Turtles” sign is meant to communicate that it isn’t actually selling authentic Turtles brand pecan/caramel/chocolate candy…
When is a ballpark frank a ball park BRAND frank?
Do you suppose the author of this article knows that Ball Park is a federally-registered brand name and trademark, not an unprotectable generic term synonymous with hot dogs and frankfurters? The growing prevalence of lower-case brand styles and visual identity has complicated the answer to this question a bit, I suspect. Nevertheless, we should probably…
Clap Your Hands if You Believe in Fairies (Food)
–Catlan McCurdy, Attorney

I celebrated Christmas in Wisconsin for the first time this year, and in addition to trying new beers and gallivanting around Milwaukee, I was introduced to a delicacy I had yet to encounter in life: fairy food. Fairy food, for those non-believers, is a chocolate candy, with a sponge-like center made…
When You Verb Your Trademark, You Know What?
Well, perhaps more than just about every trademark use guideline in existence, including those offered by the International Trademark Association (INTA) ("NEVER use a trademark as a verb"):
(television commercial link on Youtube here)
Maybe because you have been following the trademark verbing dialogue here on DuetsBlog and you have learned all…
Onesie of a Kind?
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–Dan Kelly, Attorney
I have been a parent for a little less than a year now, and I made a shocking discovery this week: ONESIES is a registered trademark. I found this out from a news article that Gerber Childrenswear is suing California Christiania Republic (“CCR”) for infringement of of the ONESIES mark for CCR’s…








