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Tag Archives: Inc.

“Frankenstein” Class Action Suit Against YouTube Dies in Court…For Now

Posted in Copyrights, Guest Bloggers, Infringement, Law Suits, Mixed Bag of Nuts, Social Media, Social Networking, Technology

– Ryan Francis, Law Student, William Mitchell Law School      vs.   Is he alive? Not really, but the Manhattan Second District Court recently referenced the Frankenstein monster in The Football Ass’n Premiere League Ltd. v. YouTube Inc., No. 07 CIV. 3582 LLS, 2013 WL 2096411 (S.D.N.Y. May 15, 2013). In this case, plaintiffs alleged… Continue Reading

A Difference That Makes No Difference

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

– Laurel Sutton, Principal at Catchword Brand Name Development Besides the big story of American Airlines taking over US Airways, recent news of acquisitions includes the buyout of OfficeMax Inc by its larger rival Office Depot.  The Depot insists that the deal was a merger of equals – despite the fact that its shareholders get… Continue Reading

Trademark Licensee’s Rights Remain Unsettled When Licensor Files Bankruptcy

Posted in Branding, Guest Bloggers, Law Suits, Loss of Rights, Mixed Bag of Nuts, Patents, Trademarks

– Chris Camardello, Bankruptcy Attorney Those who license the right to use another’s brand need to pay more attention to the resulting risks when the brand owner files bankruptcy, given the uncertainty resulting from some recent legal developments.  And those interested in purchasing brands in bankruptcy should sit up straight and pay special attention too…. Continue Reading

Supreme Court Upholds Nike’s Promise to “Break the Wrist, and Walk Away”

Posted in Articles, Infringement, Law Suits, Trademarks

Not every day does the United States Supreme Court weigh in on a topic impacting the trademark world, but it did so yesterday in Already, LLC v. Nike, Inc., a case illustrating what can happen when a trademark plaintiff wants to pull the plug and end the lawsuit it started in a walkaway (or as martial arts instructor… Continue Reading

Why Your Business Needs a Strategic Plan

Posted in Guest Bloggers, Marketing

–Ward C. Schendel, Business Coach, KnowledgeSphere Group of AdviCoach Our clients have found that a One Page Strategic Plan is essential to increase profitability, to create the right team to advance productivity, and to provide time back for yourself. Recently another Duets Guest Blogger, Neil F. Anderson, Founder & President of The Courage Group, Inc.,… Continue Reading

The Galleria of Retail Jewelry Store Taglines

Posted in Advertising, Branding, Goodwill, Marketing, Television, Trademarks

 On this Valentine’s Day, after enduring weeks of the same endless running of national retail jewelry chain advertising, leading up to this annually celebrated day of love and affection, I thought it might be fitting to try a few retail jewelry store taglines on for size and examine — at least from a trademark perspective — their protect-ability and likely placement on the… Continue Reading

Life Imitating Art: Service So Bad, It’s Good

Posted in Goodwill, Marketing, Search Engines

–Dan Kelly, Attorney :-(   I have long enjoyed the offerings of Despair, Inc., the outfit that has built a business out of parodying Successories–the makers of those know-them-when-you-see-them corporate motivational posters.  Despair offers, among other things, DEMOTIVATORS® posters.  The entirety of the despair.com website reinforces the Despair brand and image.  (An empty “shopping cart” is… Continue Reading

A Good Old-Fashioned Priority Fight

Posted in Almost Advice, Trademarks, TTAB

–Dan Kelly, Attorney The Trademark Trial and Appeal Board issued a rare decision at the end of last month in the case of Weatherford/Lamb, Inc. v. C&J Energy Services, Inc.  The two companies offer, among other things, oil and gas well fracturing services (explanation here).  Weatherford uses the trademark FRACSURE for its services, and C&J… Continue Reading

Generic Domain Names: Unprotectable Yet Invaluable

Posted in Domain Names, Law Suits

–Dan Kelly, Attorney For those keeping score at home, various courts and tribunals have previously held the following domain names to be generic in connection with the listed goods or services: BLINDSANDDRAPERY.COM for wholesale and retail services “featuring blinds, draperies and other wall coverings” BONDS.COM for “providing information regarding financial products and services” CONTAINER.COM for “rental… Continue Reading

Happy Holiday Before the Holidays

Posted in Branding, Famous Marks, Food, Non-Traditional Trademarks, Product Configurations, Trademarks

–Dan Kelly, Attorney As we hit the ides of November, we are nearing the proverbial calm before the storm of the holidays. What you probably do not know is that we are but two, short days away from a little-known holiday before the Holidays, one that celebrates the preparation for the Holidays. This, of course, could only… Continue Reading