DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Letter of Protest

Will Mr. Wonderful Become a TM Nutcracker?

Posted in Articles, Branding, Food, Marketing, Mixed Bag of Nuts, Trademarks, USPTO

Two months ago, our attention seized on a nutty and woefully deficient USPTO examination of a trademark application to register — Mr. Wonderful — for roasted nuts, and nut-based snack foods, among other food products, given the prior WONDERFUL trademark rights owned by these folks: Just like clockwork, events now appear to be playing out as expected,… Continue Reading

It’s Not a Wonderful Trademark Examination

Posted in Articles, Branding, Food, Infringement, Marketing, Trademarks, USPTO

It’s a wonderful life, collaborating with brand owners and marketing teams to advance their goals. Our work for brand owners also involves a collaboration of sorts with the U.S. Trademark Office. We work with the USPTO to obtain registrations for our clients and this triggers USPTO obligations. As such, when examining applications, the USPTO must search its records for… Continue Reading

Who’s Watching (What) You Create?

Posted in Mixed Bag of Nuts

This past weekend, with what appears to be our first lasting snowfall, I enjoyed following my daughter around the chilly alleys of downtown Minneapolis while she created for her photography class. As you can see from the moment I captured, she inspired me to create a bit too. Thankfully I’m not being graded for my… Continue Reading

Will Chick-fil-A, uh Chicken Out?

Posted in Almost Advice, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Social Media, Social Networking, Trademark Bullying, Trademarks, TTAB, USPTO

Just so you know, this is not the post I planned to write today. Hat tip to you, Bo! It has been exactly one year since Bo Muller-Moore — the “Eat More Kale” guy from Vermont — submitted a comprehensive 71-page response to the registration refusal based on “Eat Mor Chikin” issued by the USPTO… Continue Reading

Chick-fil-A’s Successful “Eat Mor Chikin” v. “Eat More Kale” USPTO Letter of Protest

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Food, Infringement, Marketing, Trademark Bullying, Trademarks

As you will recall, we have followed pretty closely Chick-fil-A’s “Eat Mor Chikin” trademark claims against Vermonter Bo Muller-Moore and his “Eat More Kale” trademark: Eat More Anything? New York Times Covers “Eat More Kale” Trademark Dispute Chick-fil-A Goes Stealth in “Eat More Kale” Trademark Dispute? Chick-fil-A’s “Eat More” Stealth USPTO Trademark Enforcement Strategy Succeeds… Continue Reading

Chick-fil-A’s “Eat More” Stealth USPTO Trademark Enforcement Strategy Succeeds

Posted in Advertising, Articles, Branding, Dilution, Famous Marks, Food, Infringement, Marketing, Trademarks, TTAB, USPTO

Eating more isn’t necessarily a bad thing. Yeah, I saw the documentary Super Size Me; admittedly, I haven’t viewed certain fast food the same way since, but it all depends on what it is you’re eating, right? Common sense dictates that if it’s good for us, we should eat more of it. Indeed, Lexi Petronis of Glamour writes… Continue Reading

Chick-fil-A Goes Stealth in “Eat More Kale” Trademark Dispute?

Posted in Branding, Food, Infringement, Trademark Bullying, Trademarks

The question for the day is not, why did the chicken cross the road, but rather, why did the chicken file an ex parte Letter of Protest with the Office of the Deputy Commissioner for Trademark Examination Policy at the United States Patent and Trademark Office (USPTO), just a few months ago? To get to the other side of the… Continue Reading