DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Informational Matter

Happy Birthday: TTAB Turns Sixty in 2018

Posted in Articles, Branding, First Amendment, Infringement, Marketing, Mixed Bag of Nuts, Trademark Bullying, Trademarks, TTAB, USPTO

We follow closely and write a lot about what goes on with the Trademark Trial and Appeal Board (TTAB) at the U.S. Patent and Trademark Office (USPTO); these ironmongers do too, really well. Serious trademark and brand owners care about TTAB decisions because many trademark disputes begin and end there, as the TTAB determines the important… Continue Reading

Some Subtle Stories Make Great Trademarks

Posted in Advertising, Articles, Branding, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Trademarks, USPTO

One of my passions is to find common and favorable ground between legal and marketing types. One of the readings during week three of Seth Godin’s intensive altMBA workshop reminded me of a great example to illustrate how a valid marketing goal can align with strong legal protection. An excerpt from Seth’s All Marketers are Liars book was… Continue Reading

Watch the Informational Refusals, Please!

Posted in Advertising, Articles, Audio, Branding, Look-For Ads, Marketing, Non-Traditional Trademarks, Sound, Trademarks, USPTO

Let’s suppose you conduct sightseeing tours using a tram car, maybe on the boardwalk in New Jersey. Maybe even a famous tram car service you’ve operated since 1949? Let’s further suppose your passengers may get on or off anywhere along the route, as it travels along Wildwoods Boardwalk. Would you think you could own a… Continue Reading

The Pursuit of Trademark Perfection: Can “40-0” Function as a Mark?

Posted in Advertising, Branding, Domain Names, Fashion, Infringement, Marketing, Social Media, Trademarks

-Wes Anderson, Attorney As Kentucky prepares to square off with Wisconsin in the NCAA Final Four and move one step closer to an undefeated, 40-win season, the University of Kentucky has been dueling with one of its own – a fan and attorney claiming he has already secured trademark rights to “40-0.” But can such… Continue Reading

TryMe? Trademark or Informational Matter?

Posted in Branding, Fair Use, Food, Guest Bloggers, Loss of Rights, Marketing, Trademarks, TTAB

  I’d venture to say that virtually every product sitting on a store shelf is crying out "try me" — some more colorfully than others, some more subtly than others, some more creatively than others, some more persuasively than others. However, most don’t just some out and say the words. Assuming that to be the case, is… Continue Reading