As we move into Week 2 of the NFL, the big clash in North Country is Sunday’s Green Bay Packers – Minnesota Vikings game. All the buzz is whether the second-coming-of-Favre Aaron Rodgers will prevail over the vaunted Vikings defense. But here in my trademark bubble, I’m more interested in the Jacksonville Jaguars versus former
Legitimate Super Bowl Ambush Marketing
Not all ambush marketing is created equal. Some can cross the line and create a likelihood of confusion as to sponsorship. Some falsely advertises. But, some is totally fair use and lawful.
This current promotional banner by La-Z-Boy is capitalizing on the excitement surrounding the upcoming Super Bowl weekend festivities, but without reasonable risk of
The Minnesota Miracle That Lasted a Moment?
Well, it was fun while it lasted. Some incredible moments last longer than others, and when the stars are all lined up, they can even translate into a movement. Yet, the blistering loss in Philly proved that our hope of being more than a host for Super Bowl LII, wasn’t meant to
Dilly Dilly, Minnesota Vikings Going to Philly
Wow, words don’t and could never describe the emotions behind the last ten second fourth-quarter TD and Vikings win over the New Orleans Saints — Who Dat Nation — last night in Minneapolis:
Hat tip on the title, to a lubricated fan leaving U.S. Bank Stadium after the game — the whole Dilly Dilly thing
What’s Your 2018 New Year’s Resolution?
Recently traded this picture (credit to this G, not that one) for sub-zero temps in the Twin Cities:
Wonderful time spent with family; looking forward to sharing lots of trademark stories in 2018.
Do you have any wishes for 2018? Do you have any 2018 resolutions you’d like to share?
The former implies
UM, It’s the New Vikings Stadium?
This image was captured from my office window last Friday, just before I left town for Miami to speak (again) at FUSE (I’ll be back here later with my FUSE thoughts, but in the meantime):
Looking back, I guess it must have been an April Fool’s Day prank, simply intentionally stalled work
Could Losing Copyright Protection Be The Key To Ending Stadium Subsidies?
– Derek Allen, Attorney –
Quentin Tarantino is suing Gawker Media because it leaked his script and Northwestern football players are attempting to unionize in yet another attack on the NCAA — two stories that would otherwise be right in my wheelhouse — but, it’s Super Bowl week so I’m pretty sure I’m constitutionally required
Unintended Consequences
As I was perusing ESPN.com, I came across an interesting installment on their Page 2 Power Rankings. For the uninitiated, Page 2 Power Rankings is a light-hearted ranking of the top sports-related stories grabbing headlines over the previous week (or two, or three, I’m not sure of the frequency). As a Minnesotan and an NFL
Honoring Randy Moss Doesn’t Make It Fair Use
This little gem arrived yesterday, basically an email promotion for this weekend, featuring Randy Moss and celebrating his return to the Minnesota Vikings:
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Of course, I’m thrilled too, that Randy Moss has returned to play ball in Minnesota, but that doesn’t mean we forget all about his legal rights (name, image, likeness, right of publicity, to name a few), not to mention the legal rights, trademarks, and trade dress of the Minnesota Vikings and the NFL.
By the way, the purported disclaimer at the bottom of the promotion saying: "All registered trademarks are the properties of their respective owners" doesn’t help either. Putting aside the unanswered question about any unregistered trademarks shown in the promotion, all this statement reveals is that Lions Tap knows it doesn’t own what it is using, and it begs the question of whether the necessary permission was obtained from the necessary owners.
To the extent my assumption is correct, that Lions Tap didn’t obtain the necessary license and permission to run the above promotion, it appears Lions Tap may have forgotten all the intellectual property law it sought to teach McDonalds earlier this year when it filed a suit for trademark infringement over the Who’s Your Patty tagline . . . . Continue Reading Honoring Randy Moss Doesn’t Make It Fair Use
Sensory Overload
As an attorney, one of my most oft-committed sins against the art of persuasion is forgetting that brevity is key. Get in, deliver your message, and get out.
In contrast, concise delivery of a message is something that good branding and advertising generally excel at. I say "generally," because as I was sitting at/in/on/around/near Mall of