Hearty thanks to Colette Durst, Stephen Lee, and Susan Perera, for generously sharing their insights and perspectives about trademark nominative fair use.
By all accounts, the Midwest IP Institute was a great success this year despite the limitations of delivering knowledge in a virtual format, thanks Zoom.
Hearty thanks to Draeke
The speaking circuit has come to a grinding halt, as it should, to slow the virus spread. My hope is to share some of that in-person content with each of you here.
Now more than ever, we need to receive nourishment, so if you don’t receive Seth Godin’s daily posts, you’re really missing out,
Over the last decade, we’ve covered Super Bowl topics, it’s that time of year again!
We’ve probed the NFL’s overzealous activities and asked hard fair use questions.
And, with Big Game LII in our backyard, we had a front row ambush marketing seat.
With digital marketing, that front row seat can be anywhere your
When can a brand owner lawfully use a competitor’s trademark on the brand owner’s product?
Over the years, we’ve lifted away a lot of dust on the hairy subjects of classic trademark fair use, nominative fair use, and comparative advertising, especially in the context of billboard ads.
It isn’t every day
Aren’t digital advertising billboards amazing? My iPhone captured this rolling series of images just yesterday, for a health care organization using the Google trademark in the Minneapolis skyway:
My questions, permission, co-branding, no permission, but classic or nominative fair use?
Is Google flattered? Free advertising? Do they care? Should they care?
Carvana — online car dealer and operator of “a higher state of car buying” — sports a halo in its non-verbal logo shown above, but is it an angel when using the Google name and logo in t.v. ads?
In other words, is the use licensed by Google or could it
Remember this North Memorial Health billboard ad — sporting a plain and literal Google reference — that we wrote about a few months ago, where nominative fair use was pretty clear to me?
Well, a new set of North Memorial billboard ads rolled into to the Minneapolis skyway system, just in time for
North Memorial Health must be spending significant advertising dollars at the moment, with a variety of ads appearing all over the Minneapolis skyway system, above is one current example.
In addition, there are a series of humorous and sarcastic TV ads that were designed to poke the bear of our broken health care system, congrats
Earlier this year, we contemplated a suitable, accurate, and efficient generic name for the service category created by the highly-disruptive Uber brand: App-Based Ride Service.
A visit to Chicago this past weekend, left me thinking that Ride-Share Service or Ride Sharing are suitable alternatives, that appear to be gaining some traction, as seen
What is a Super Bowl ad? Typically a Super Bowl ad refers to the ad of a brand that has paid lots of money to air its ad on network television during the Super Bowl, a/k/a The Big Game.
Apparently there are some NFL guidelines CBS had to follow as it began to receive