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Tag Archives: Karen Brennan

Creative Brand Protection II — A Picture Book

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

Another Creative Brand Protection event is in the books, thanks to our incredible panel of experts: Karen Brennan, Senior Director, Intellectual Property, Best Buy Anne Hall, Technology Strategy Manager-Life Sciences, University of Minnesota Aaron Keller, Co-Author: The Physics of Brand; Co-Founder Capsule Design Tim Sitzmann, Trademark and Brand Protection Attorney, Winthrop & Weinstine Their insights… Continue Reading

If Only HoneyCrisp Was an Apple Trademark

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

Yeah, we usually mean this Apple, when we spill digital ink, not today, instead the edible varieties: Hat tip to Erik Pelton who tweeted about the federal registration of LUDACRISP for fresh apples. We know something about non-ludicrous trademark protection for apples > First Kiss and Rave. They are newly minted brands for the MN55 Apple, a cross… Continue Reading

The Nine-Word Copyright Opinion: Costco v. Omega

Posted in Copyrights

— Karen Brennan, Attorney The Supreme Court heard the appeal of Costco v. Omega, a copyright decision from the Ninth Circuit regarding the application of the first-sale doctrine to a foreign manufacturer who did not manufacture the goods in the U.S. or sell the goods directly to Costco.  The outcome?  The Supreme Court’s entire decision (available for viewing… Continue Reading

Shot in the Dark – the PPK Design Trademark

Posted in Advertising, Counterfeits, Famous Marks, Goodwill, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Television, Trademarks, TTAB

—Karen Brennan, attorney I found Fig. 1 (from what I am sure was a very valuable patent, although I could not locate it) to be very fitting for this post.  After three and half years, four Office Actions, a Petition to the Director and finally an appeal, our client’s product configuration mark for the PPK handgun… Continue Reading

Copyright – Common Misconceptions

Posted in Copyrights

— Karen Brennan, Attorney This is a departure from my typical blog, but it is a good opportunity to provide some basic information.  As part of my practice I often have clients or referrals for clients seeking copyright protection for something they have created or plan on creating. What I have discovered is that there are some common… Continue Reading

Great American Pancakes

Posted in Trademarks

— Karen Brennan, Attorney Over the Labor Day weekend, my family traveled to a cabin in northern Minnesota, as many families must have done, based upon the amount of traffic coming back into Minneapolis on Monday.  On our return trip, our caravan of cars decided to look for a Perkins for breakfast (I grew up in Iowa and… Continue Reading

More from Jersey Shore

Posted in Trademarks

— Karen Brennan, Attorney Unbelievably, the MTV show Jersey Shore has presented even more material to blog about (see Sharon Armstrong’s previous blog Trademark Lessons from Jersey Shore here). Jersey Shore cast member Nicole “Snooki” Polizzi is attempting to federally register her nickname “Snooki” as a trademark for books.  Unfortunately, the United States Patent and… Continue Reading

Social Networking – The Movie?

Posted in Law Suits

— Karen Brennan, Attorney Coming soon, to a theatre near you: Facebook, the movie, where social networking takes over the world. The film, which is actually titled The Social Network, tells the story of the founder of Facebook, Mark Zuckerberg, now the youngest billionaire in history, and the enemies he made along the way.  Check out the… Continue Reading

One Great Tub Deserves Another

Posted in Advertising

— Karen Brennan, Attorney There is a great new commercial by Petco (view here) for pet food that is purported to improve a dog’s health and vitality.  The commercial starts with a dog reflecting on being called fat and feeling lazy.  But, after eating the new food, the dog has more energy and feels young again.  The  way… Continue Reading

Tavern on the Green Dispute Rages On

Posted in Trademarks

— Karen Brennan, Attorney The Tavern on the Green dispute came to a swift end, for the time being. U.S. District Court Judge Miriam Cedarbaum granted summary judgment in favor of the City of New York, ordering cancellation of LeRoy’s federal trademark registration for the TAVERN ON THE GREEN mark in connection with restaurant services on… Continue Reading

Out for Blood (or Money)?

Posted in Copyrights

— Karen Brennan, Attorney The recent success of the Twilight books and movies has definitely sparked worldwide interest in vampires.  I am only slightly embarrassed to admit that I am on Team Edward, along with my 10-year-old niece. With Twilight’s popularity, it didn’t take long for other vampire-based books, television shows and movies to pop… Continue Reading

Is Honesty the Best Policy?

Posted in Advertising

— Karen Brennan, Attorney Burger King’s latest commercial presents a new approach to advertising in the burger wars – honesty; admitting they “stole” McDonald’s breakfast sandwich idea.  In the commercial, the creepy-looking King scales a fence and breaks into McDonald’s headquarters in the middle of the night to steal the recipe for the Sausage McMuffin with Egg… Continue Reading

Shaun White’s Trademark Move

Posted in Trademarks

— Karen Brennan, Attorney Shaun White recently won gold in Vancouver in the halfpipe with a near-perfect score.   At 23, this already his second Olympic games and his second gold metal in this event.  Since 2002, he has also won 9 gold, 3 silver, 2 bronze medals in the X Games.   Anyone who saw him in the… Continue Reading

Who Owns WHO DAT?

Posted in Trademarks

— Karen Brennan, Attorney In light of the recent Super Bowl victory by the New Orleans Saints, I think a brief discussion of the recent squabble over ownership of the phrase “who dat” is in order. In case you have not been following the story, the phrase “who dat” is commonly used by football fans and,… Continue Reading

Are You Ready For Some Football (Ads)?

Posted in Branding

— Karen Brennan, Attorney Well, even though the Vikings didn’t make it, I am still looking forward to the Super Bowl – for the commercials.  I am sure I am not alone in my excitement.  In fact, there are numerous Web sites dedicated to the best Super Bowl commercials, such as this one which chronicles… Continue Reading

Who Owns a Trademark Worth $19 Million?

Posted in Trademarks

— Karen Brennan, Attorney   If you have been following the bankruptcy of the Tavern on the Green, you have most likely heard about the controversy surrounding the famous trademark. There are a few parties claiming ownership of the Tavern on the Green trademark, recently appraised at $19 million according to the New York Times. The… Continue Reading

False Advertising Claims on the Rise

Posted in Advertising

— Karen Brennan, Attorney There was a very interesting article in the New York Times this weekend worth reading – Best Soup Ever?  Suits Over Ads Now Seek Proof. The article addresses several recent issues raised by companies against competitors over statements or claims being made in advertisements.  Specifically, companies are challenging the truth or… Continue Reading

Nostalgia Calling

Posted in Branding

— Karen Brennan, Attorney While browsing through a toy store recently, I noticed what appears to be a trend in branding this holiday season – reintroducing classic or “nostalgic” toys.   It is very hard for me to accept that the toys I played with as a child could be considered “nostalgic,” but upon first sight of the… Continue Reading