Inherently Distinctive

Excerpt from Chudleigh’s Website

As if we all haven’t already indulged a little too much over the holidays, we chose our first day back to write about non-traditional trademark protection for the configuration of single-serving apple pie pastries. It’s OK, don’t worry, if the Blossom pastry to the left is tempting,

Last month Heinz, a brand “synonymous with ketchup throughout the world,” and a seller of “650 million bottles of Heinz ketchup each year,” brought a federal trademark infringement and dilution lawsuit in Texas to enforce exclusive rights in the “famous” Heinz bottle design against Melinda’s Habanero Ketchup brand. Here is the Complaint and Exhibits

Launched a few months ago, it’s called the bowtie can, because it appears to emulate Budweiser’s well-known bowtie brand icon, but the formal description of the Anheuser-Busch beer can at the USPTO is a bit more clumsy and technical:

“The mark consists of packaging for the goods, namely, beverage package for the goods consisting

What an honor it was to be part of the 2013 Dieline Package Design conference at HOW Design Live, last week in San Francisco, thanks again for the opportunity Andrew!

The Editor’s Choice winner for the 2013 Dieline Package Design Awards is Method’s visually stunning Ocean Plastic Dish and Hand soap container, shown to the

Earlier this month, we asked whether [yo]gurt(lab) has an inherently distinctive interior restaurant environment?

This week, we’re focused on product packaging, and ask whether Spine Vodka has enough meat on the bones to satisfy the trademark test for an inherently distinctive product package design?

This little gem of an image surfaced in

We recently focused our attention on a very unique-looking, dare I say distinctive, retail store exterior design; for a quick reminder, see here.

The recent craze for self-serve frozen yogurt shops — where you pay by the ounce (or perhaps, by the pound), has us focused today on a pretty darn unique interior retail

Would you place this mouth wash bottle on your bathroom counter or hide it under the counter?

The answer to this question, it appears, can have a material impact on whether the shape and design of the bottle functions as a non-traditional trademark.

The Procter & Gamble Company created this elegant container design —