DuetsBlog Collaborations in Creativity & the Law

Tag Archives: INTA

Scandalous Trademark Applications On Hold

Posted in Articles, Branding, First Amendment, Marketing, Trademarks, USPTO

Trademarks consisting of or comprising “scandalous or immoral” matter still won’t be granted federal registration “in the name of the United States of America,” at least for the time being. Immediately on the heels of the International Trademark Association’s 140th Annual Meeting in Seattle, and our well-received panel discussion concerning Trademarks and Free Speech, the United… Continue Reading

At INTA 2018: Trademarks and Free Speech

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, First Amendment, Infringement, Law Suits, Marketing, Trademarks, TTAB, USPTO

Yesterday in Seattle — where nearly 11,000, sleepless, brand protection, trademark, and IP professionals from 150 countries have registered and converged for INTA’s 140th Annual Meeting — yours truly had the distinct pleasure of sharing some thoughts on the intersection between federal trademark registration and Free Speech. Here are some before, during and after pics:… Continue Reading

The Law Rewards Creativity

Posted in Articles, Branding, Marketing, Non-Traditional Trademarks, Trademarks

Toward the end of last week, a couple of friendly ironmongers (John Welch and Ron Coleman) had an interesting dialogue on Twitter, with some great insights about creativity and the law. John noted that copyright’s requirement of “originality” is not the same as the requirement of “novelty” in patent law. Ron then weaved in some nice… Continue Reading

Heading to Orlando Later This Month?

Posted in Articles, First Amendment, Mixed Bag of Nuts, Trademarks

After returning from a great set of collaborative meetings with other members of the Executive Leadership Board at the University of Iowa’s College of Pharmacy, let’s say, we’re now looking forward to AIPLA’s Spring Meeting, located in our own Minneapolis backyard and playground. My perspectives on the potential-U.S. Supreme Court-bound First Amendment challenges to Section… Continue Reading

iPhone 6, Can You Say Nominative Fair Use?

Posted in Advertising, Articles, Branding, Fair Use, Marketing, Technology, Trademarks

We cover a lot of topics related to nominative fair use of trademarks, see here, here, and here for some of those discussions. Does the example below on product packaging from J. Crew qualify for fair use of the iPhone 6 mark? The International Trademark Association would say so: “In general, the following uses are… Continue Reading

The Bridge to INTA (or the UNTA)

Posted in Mixed Bag of Nuts

This spot isn’t too shabby to make trips back and forth across the Coronado bridge to the annual meeting of INTA in San Diego, where ten thousand trademark attorneys from around the world descend for a week and congregate. Any word on how many are here, but off the grid, attending the UNTA, so to… Continue Reading

More Imaginative THANN Other Soap Brands

Posted in Articles, Branding, International, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Sight, Trademarks

On a recent trip to the Washington, D.C. area, I had the opportunity to stay at the Bethesda North Marriott Hotel & Conference Center, and I’ll have to say, as a trademark type, it was difficult to avoid being drawn to their unique and engaging bath soap and packaging: In my experience, most bath soap… Continue Reading

Channeling Justice Ginsburg of U.S. Supreme Court on the Right to Register a Trademark

Posted in Articles, Branding, Civil Procedure, Infringement, Law Suits, Trademarks, TTAB, USPTO

We sounded the alarm exactly six months ago about a trademark case of great importance to brand owners: B&B Hardware v. Hargis Industries. Earlier this week, the U.S. Supreme Court heard oral argument in the case, and here is a link to the transcript (hat tip to Draeke). As you will recall, our concern in… Continue Reading

Amici Weigh in on “Right to Register v. Right to Use” Trademark Case at Supreme Court

Posted in Articles, Infringement, Law Suits, Trademarks, TTAB, USPTO

More than three months ago, we sounded the alarm about an important trademark case to consider the interplay between the right to register and the right to use a trademark: “Every so often there is a moment when trademark types, marketing types and brand owners need to pay close attention to where the law could be headed. Today, I’m… Continue Reading

(Just) the Right to Register a Trademark

Posted in Articles, Branding, Civil Procedure, Infringement, Law Suits, SoapBox, Trademarks, TTAB, USPTO

Every so often there is a moment when trademark types, marketing types and brand owners need to pay close attention to where the law could be headed. Today, I’m sounding the alarm. If the U.S. Supreme Court decides to follow the advice it recently sought and received from the U.S. Solicitor General (SG) of the Department of Justice, those of… Continue Reading

Debbie Millman Interviews Seth Godin

Posted in Articles, Branding, Marketing

(The) INTA was not in the cards this year, as Hong Kong would have been a very long flight, and besides, Boston (Strong) prevailed instead, to feed my insatiable hunger for creative inspiration at HOW Design Live 2014. Barbara Walters, (the) Oprah, step aside, here comes Debbie Millman of Sterling Brands: This interview was thoroughly… Continue Reading

The INTA “Trademark Bullying” Straitjacket

Posted in Advertising, Law Suits, Marketing, Trademark Bullying, Trademarks

This past week I’ve been pondering a question of great importance: When might a straitjacket double as a life vest? The answer actually arrived last Monday during INTA’s “The Ethics of Trademark Bullying” panel discussion at the 135th Annual Meeting in Dallas, Texas. In so many words, our good friend and wise guy Ron Coleman, over at… Continue Reading

It’s Raining Fluid Trademarks

Posted in Advertising, Branding, Guest Bloggers, Marketing, Non-Traditional Trademarks, Sight, Trademarks

So-called “fluid” trademarks are gaining a recent downpour of attention — on Monday INTA wrote about them in the Daily News distributed in Dallas at INTA’s 135th Annual Meeting, it also held a panel discussion on the topic the same date (we’ll have more about that next week), and just yesterday guest-blogger Jason Voiovich provided an insightful marketer’s… Continue Reading

Duey is Four Today!

Posted in Mixed Bag of Nuts

Now that we’re out of diapers and through the terrible twos, we’ve reached another milestone: Duey is four years old today. This birthday kind of snuck up on us, so no plans for drinks on us today, in fact we’re buried in snow, so the INTA Roundtable (on the topic of Trademark Enforcement) that we’re scheduled to host… Continue Reading

YSL Has a Friend in Its Battle with Christian Louboutin

Posted in Law Suits

We have previously blogged about the battle over Christian Louboutin’s (“Louboutin’s”) trademark registration for lacquered red soled shoes that is taking place in New York and is now before the Second Circuit. Friends of the Court (the Latin meaning of the phrase amici curiae) that have weighed in on Louboutin’s side include both Tiffany & Co…. Continue Reading

When You Verb Your Trademark, You Know What?

Posted in Advertising, Branding, Genericide, Loss of Rights, Marketing, Television, Trademarks

Well, perhaps more than just about every trademark use guideline in existence, including those offered by the International Trademark Association (INTA) ("NEVER use a trademark as a verb"):  (television commercial link on Youtube here) Maybe because you have been following the trademark verbing dialogue here on DuetsBlog and you have learned all about Managing The Legal Risk of… Continue Reading

AlphaWatch on the Streets of San Francisco

Posted in AlphaWatch, Branding, Marketing, Trademarks

Something like 8,000 trademark attorneys are wandering loose on the streets of San Francisco for the International Trademark Association’s annual meeting. Once again, the main attraction was "Meet the Bloggers" — this edition happened to be "Meet the Bloggers VII" — where a record crowd crammed into Swig Bar a few hours ago, from 8:00 – 10:00 PM. Thanks Marty, John, and Ron for another great event!… Continue Reading

Numbers for Thought & The “Trademark Bully” Debate

Posted in Trademark Bullying, Trademarks, TTAB

“Trademark law is a complex, specialized area of law,” according to the International Trademark Association (INTA), as set forth in a recent communication to the USPTO. So, I must ask, does substantial experience or the lack of substantial experience in handling trademark matters impact the current trademark bullying debate? And, if so, how? Here are some interesting numbers… Continue Reading

View Free Webinar Here: Strategies for Dealing With “Trademark Bullies”

Posted in Trademark Bullying, Trademarks, TTAB

Last month I mentioned a trademark bullying webinar available through Minnesota Continuing Legal Education (MinnCLE), here. Tuition was $95 for 75 minutes of action-packed discussion on this very hot topic, so, a real bargain. Now, MinnCLE is graciously making it available for viewing free, here, so enjoy. (No CLE credit). By way of preview, yours truly set up the topic… Continue Reading