From time to time, I post squirrelly thoughts. Today, I wonder: Should a large company with famous, distinct trademarks sometimes hold back from aggressively enforcing those trademarks, even when doing so might at first appear to be a useful competitive strategy? I’m sure many executives at McDonald’s–the worldwide fast-food chain that it is so ubiquitous
Although a precedential decision allowing a “Family of Marks” to be considered in the context of an ex parte prosecution of an application that has been refused under Section 2(e)(1) to show acquired distinctiveness, this ruling could not help Little Caesars overcome the refusal of its application for the mark “DEEP!DEEP! DISH PIZZA.”
Because “Deep
First things first: Happy 4th of July, Dear Readers!
That was a pretty honest, simple, genuine, transparent, straightforward, to the point, not belaboring at all, under any circumstances, my most sincere wishes to our dear readers, agree?
Now contrast the original well wishes with the elaborate description of them, the latter being anything but short
When I recently snapped the above image of a t-shirt on display at a large retailer in the Twin Cities, it made me want to ask the same question many survey experts will ask of respondents to determine whether a likelihood of confusion exists in the marketplace: Who put this out?
What percentage of respondents
– James Mahoney, Razor’s Edge Communications
Brands are all about resonance; specifically, resonance with the individual. As I see it, the brand inclinations of individual people fall into three categories:
Each of us gives primary loyalty to brands that we feel represent “who” we are. These brands have been described as “choices for which there
– Draeke Weseman, Weseman Law Office, PLLC
Last week, the Chicago Sun Times profiled Loeb & Loeb attorney Douglas Masters, the NCAA’s outside counsel in charge of trademark enforcement during March Madness. Licensing the official sponsorships is big business, and enforcement demands require Masters to send out hundreds of cease-and-desist letters to both accidental infringers
– Chuck Sanchez, BatesMeron Sweet Design
Comcast. Electronic Arts. AT&T. Walmart. Dell. Time Warner. Fox News. McDonald’s.
Chances are, at least one of those company names kind of pissed you off just now.
Despite this likelihood, each of these brands is immediately recognizable due to widespread financial success in its respective industry. So must a
You may have previously read my post about apparel companies spoofing luxury fashion brands, but in Milan, one luxury fashion brand spoofed brands perhaps a little more familiar to the average Joe or Jane.
Moschino’s capsule collection, “Fast Fashion – Next Day After The Runway,” drew some criticism for its treatment of some of
The Sports Bar in the Mirage Resort & Casino, located in Las Vegas, Nevada, is currently sporting a pretty interesting collection of tap beers, from left to right: Bud Light, Goose Island Honker’s Ale, Stella Artois, Heineken, Dos Equis, Pacifico, Shock Top, Newcastle, Samuel Adams, Budweiser, Goose Island Indian Pale Ale, and Michelob Ultra.
What
John Welch over at the TTABlog recently reported that oral argument will be heard by the TTAB later this month in McDonald’s opposition of McSweet LLC’s application to federally register McSweet for pickled vegetable products.
It appears many resources have been invested on both sides of this battle for more than six years; it is