As you may recall, last September we wrote about Coca-Cola’s Significant Interest in Zero Marks, discussing Coca-Cola’s defense of a trademark infringement suit brought by an individual named Mirza Baig, who claimed rights in “Naturally Zero” for Canadian natural spring water, and Coca-Cola’s contrasting attempts to own and federally-register various marks containing the term
Owning the Visual Identity of a Generic Word
Unless you have created a highly stylized, distinctive, graphic representation of a generic designation, perhaps something like the Miller Lite script, don’t bother trying to own or enforce it:
Most likely, you’ll end up regretting the decision to enforce, when the court of public opinion weighs in, after the social media shame-wagon flogs
Coca-Cola’s Significant Interest in Zero Marks
Coca-Cola just announced it is introducing Coke Zero in India, which will make it the sub-brand’s 149th market in the world, a truly remarkable reach.
As the popular Coke Zero brand is approaching its tenth anniversary in the U.S., it seems like a good time to explore Coca-Cola’s trademark position in COKE ZERO and COCA-COLA
Googling Doesn’t Break Google Trademark
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
Pretzel Crisps Genericness Decision Appealed
A couple of months ago you will recall that the USPTO’s Trademark Trial and Appeal Board (TTAB) held “Pretzel Crisps” generic for pretzel crackers.
Here are links to our previous coverage of the case:
- Packaging that Kills (a Trademark)
- Crisps = Chips = Crackers?
- A Picture is Worth a Thousand Words
- Tie Goes to
Packaging that Kills (a Trademark)
Killer packaging is a good thing. It can increase sales and establish a stronger emotional bond between the consumer and the product brand. The current packaging of Snack Factory’s Pretzel Crisps pretzel crackers might qualify as killer, but a long-anticipated and important trademark decision issued last Friday relied on an earlier version of the
Inventing a Generic Category Name
MillerCoors is currently running this Lite Beer ad, promoting the limited edition original can, and taking credit for inventing the light beer category, way back in 1973.
It is a great reminder that despite Miller’s determined and long-protracted litigation over its attempt to own the word LITE as a trademark for beer, in the
The 140-Character Trademark Lesson
– Draeke Weseman, Weseman Law Office, PLLC
When I think of Twitter, I think of — it’s really hard to define because we’re still coming up with the vocabulary — but I think it’s defined a new behavior that’s very different than what we’ve seen before.
— Jack Dorsey, Twitter Co-Founder in 2009
My, how