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Tag Archives: Google

Classic Trademark Fair Use of Google Mark?

Posted in Advertising, Articles, Branding, Fair Use, Genericide, Loss of Rights, Marketing, Trademarks

North Memorial Health must be spending significant advertising dollars at the moment, with a variety of ads appearing all over the Minneapolis skyway system, above is one current example. In addition, there are a series of humorous and sarcastic TV ads that were designed to poke the bear of our broken health care system, congrats to Brandfire on… Continue Reading

We can Keep Googling the GOOGLE Mark: Supreme Court Denies Cert

Posted in Famous Marks, Genericide, Mixed Bag of Nuts, Search Engines, Trademarks

Many of us have been eagerly waiting to see whether the Supreme Court would consider Google’s potential genericness. As Martha explained, the case began in 2012, after petitioners Chris Gillespie and David Elliot attempted to register hundreds of web domains that included the word “Google” together with a variety of different people, products, and brands… Continue Reading

2017 Minnesota State Fair Comes to a Close

Posted in Advertising, Articles, Branding, Fair Use, Loss of Rights, Marketing, Trademarks

Well, it’s official, the 2017 Minnesota State Fair is almost in the books now, it came and went, without the longstanding Original Deep Fried Cheese Curds stand (notwithstanding a heroic #savethecurds campaign); it was instead replaced by Big Fat Bacon, shown above. Love the prominent use of the TM on the signage, even if it… Continue Reading

3:16 as a Trademark?

Posted in Articles, Branding, Fashion, First Amendment, Marketing, Mixed Bag of Nuts, Television, Trademarks, Truncation

Over the weekend, IPBiz reported that WWE (World Wrestling Entertainment) has filed an application to register 3:16 as a trademark for clothing items. A Google search confirms that 3:16 has religious significance as it is a common truncation that signifies one of the most widely quoted verses from the Bible, namely, John 3:16. Despite other… Continue Reading

“Google” Still Not (Yet) Generic

Posted in Domain Names, Famous Marks, Genericide, Law Suits, Trademarks, USPTO

Last week the U.S. Court of Appeals for the Ninth Circuit issued a significant opinion on the topic of genericness, Elliott v. Google, Inc., No. 15-15809. The opinion affirmed a federal district court’s grant of summary judgment that “GOOGLE” trademark registrations (Reg. Nos. 2884502, 2806075) are not subject to cancellation for genericness. Genericness a.k.a. “genericide” occurs when… Continue Reading

What’s a Peppadew?

Posted in Advertising, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks, USPTO

We recently checked out a new restaurant in Minneapolis’ growing North Loop area, called Red Rabbit, what a great spot:   The menu cleverly refers to the salad options as “Rabbit Food” — and the Italian Chopped salad spoke to me, but one of the listed “ingredients” left me wondering “what’s a peppadew”? Not wanting… Continue Reading

Owning a Cup of Trademark Transparency

Posted in Advertising, Articles, Branding, Food, Goodwill, Idea Protection, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks

Seeing this Caribou Coffee skyway billboard was a good reminder to me of how much we hear about the importance of transparency in our relationships, including those with brands we love: It appears that the prevalence of society’s use of the word “transparency” may be at an all time high, where the use of “transparent”… Continue Reading

Apple and The World’s Most Public Privacy Policy

Posted in Advertising, Branding, Contracts, Marketing, Search Engines, Technology, Trademarks

-Wes Anderson, Attorney It bears mentioning when one of the world’s most famous brands releases one of the world’s most prominent and readable privacy policies. That’s just what Apple did this week, and the message to other brands is clear – privacy policies can be a massive marketing opportunity, not just an obscure legal nuisance…. Continue Reading

Internet Loses it Over Google’s New Logo

Posted in Branding, Marketing, Search Engines, Social Media, Social Networking

Google changed its logo this week, and the Internet is not happy about it. In the new design, the name appears in thicker, cleaner letters. Specifically, the new design eliminates serifs—the little tails at the bottom of each letter in many fonts, like Times New Roman. The announcement Tuesday, featuring a short animation sequence, revealed… Continue Reading

Personal Branding with the Right to be Forgotten

Posted in Branding, International, Mixed Bag of Nuts, Search Engines, Social Media, Social Networking

Everyone has a brand.  Through every interaction and impression we leave in the minds of others, each of us builds on our own personal brand.  In the Internet age, and particularly with the advent of social media, our personal brands are more definable than ever.  Googling anyone but the most stalwart off-the-grid enthusiast will usually… Continue Reading

Ford’s Patent Announcement Not so Groundbreaking

Posted in Patents, Technology, USPTO

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 patents.  But Ford’s announcement is… Continue Reading

Google Wants to Buy Your Patent—To Keep it Away from a [Different] Patent Troll

Posted in Mixed Bag of Nuts, Patents, Technology, USPTO

    Last week, Google announced its new “Patent Purchase Promotion.”  Under this program, for a two-week period, companies and individuals will have an opportunity to offer their patents to Google for purchase for a price determined by the patent owners themselves.  The program is set to run from May 8th through May 22nd of… Continue Reading

10 Reasons To Change Your Name

Posted in Advertising, Branding, Genericide, Goodwill, Guest Bloggers, Marketing, Mixed Bag of Nuts, Technology

– Mark Prus, Principal, NameFlash I’m often asked by companies if they should change the name of a product, service or even the company itself. Here is my shortlist of 10 really good reasons to change your name: People Can’t Pronounce or Spell Your Name – Here are a few of the names chosen by… Continue Reading

The Big Dance Around Trademark Madness

Posted in Advertising, Famous Marks, Guest Bloggers, Infringement, Marketing, Sight, Social Media, Social Networking, Trademarks

– Draeke Weseman, Weseman Law Office, PLLC Last week, the Chicago Sun Times profiled Loeb & Loeb attorney Douglas Masters, the NCAA’s outside counsel in charge of trademark enforcement during March Madness. Licensing the official sponsorships is big business, and enforcement demands require Masters to send out hundreds of cease-and-desist letters to both accidental infringers… Continue Reading

Forget Millennials: The real test market for Big Data monetization is Gen Z

Posted in Branding, Guest Bloggers, Marketing, Mixed Bag of Nuts, Technology

– Jason Voiovich, Vice President, Marketing, Logic PD We trade data for access all the time. Facebook, LinkedIn, Google – you name it, if you use these free services, you are explicitly granting them permission to aggregate and disaggregate your data at will. Sure, there are “privacy” settings, but few people actually actively manage them.  … Continue Reading

Samsung Boards Brandverbing Bandwagon

Posted in Advertising, Articles, Branding, Genericide, Loss of Rights, Marketing, Technology, Trademarks, USPTO

Samsung appears to be the most recent brand to board the brandverbing bandwagon with its Galaxy Note 4 advertising campaign, asking the critical question: Do You Note? Samsung has federally-registered in the U.S. the trademark GALAXY NOTE for smart phones, mobile phones, and tablet computers — note the absence of a disclaimer of NOTE, meaning… Continue Reading

Digital currency is inevitable. Bitcoin is not.

Posted in Guest Bloggers, Mixed Bag of Nuts, Technology

– Jason Voiovich, Vice President, Marketing, Logic PD In the grand arc of history, today’s realities often seem like foregone conclusions. But spend any time exploring the past, and I’ll bet you’ll be amazed at how many false starts litter the road from there to here. That’s on display in Walter Isaacson’s The Innovators. In… Continue Reading

The Strange Case of Strange Fruit

Posted in Branding, Guest Bloggers, Marketing, Mixed Bag of Nuts, Search Engines, Social Media, Social Networking

– Laurel Sutton, Senior Strategist at Catchword Brand Name Development Of all the marketing people in the biz, you’d think a PR firm would have the best instincts for names that appeal, rather than repel, the public at large. A firm in Austin, Texas that specializes in food and drink recently chose the name Perennial… Continue Reading

Top 10 Branding Tips Using PR

Posted in Advertising, Branding, Goodwill, Guest Bloggers, Marketing, Mixed Bag of Nuts, Social Media, Social Networking

– Debbie Laskey, MBA There is an often-overlooked aspect of marketing that can be considered a distant relative. Public relations, also referred to as PR, is this sometimes forgotten but very important component of marketing promotions. At its core, PR can be defined as managing a brand’s image and reputation, but it touches all aspects… Continue Reading

How would a corporation run a country?

Posted in Advertising, Guest Bloggers, Mixed Bag of Nuts, Search Engines, Technology

– Aaron Keller, Managing Principal, Capsule In a recent meeting, someone dropped a forecast on the table stating that Google was on track, in five years, to become the world’s first trillion dollar company (currently they are $382 B). This is built on a virtual monopoly in the area of online advertising and now growing… Continue Reading

Googling Doesn’t Break Google Trademark

Posted in Articles, Famous Marks, Genericide, Law Suits, Loss of Rights, Trademarks

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 coverage…. Continue Reading

Personal Brand: Beware of what Facebook is doing

Posted in Guest Bloggers, Mixed Bag of Nuts, Social Media, Social Networking, Technology

– Aaron Keller, Managing Principal, Capsule There was a time, back in the day, when you could just “Google” yourself and that was the best way to assess the value of your personal brand. Simple quantifiable way to see how many mentions you had on Google’s interwebs (the reference is intentional). And, you could dig… Continue Reading

Business in the Age of the New gTLDs

Posted in Domain Names, Guest Bloggers, Search Engines, Technology

– Mark Skoultchi, Catchword Brand Name Development As you may have heard, the Internet is undergoing a growth spurt of unprecedented proportions. Over 1000 new global top level domains (gTLDs) are in the midst of launching, so in addition to familiar extensions like .com, .org, and .net, expect to start seeing .nyc, .company, .nike, and… Continue Reading

Hanging Around Trademark Disputes

Posted in Articles, Branding, Famous Marks, Infringement, Law Suits, Loss of Rights, Search Engines, Social Media, Social Networking, Technology, Trademark Bullying, Trademarks, USPTO

When you hang around trademark disputes long enough you start to see patterns, at least, at the ends of the spectrum (or not). We have spilled much digital ink over allegations of “trademark bullying” — something that does occur, but in the grand scheme of all trademark enforcement matters, the instances of actual bullying and abuse seem… Continue Reading