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Playing Trademark in a Field of Chili Peppers?

By Steve Baird® on May 30, 2018
Posted in Advertising, Articles, Branding, Food, Infringement, Marketing, Non-Traditional Trademarks, Sight, Trademarks, USPTO

Another fast food restaurant is coming to the City Center in downtown Minneapolis. It’s called Los Ocampo (meaning “the field“), and it’s apparently adopting this eye-catching trade dress:

That color scheme and the large, prominent non-verbal chili pepper left me wondering whether there is some sort of corporate connection with the Chili’s…

What Does Snapchat Need to be Identified?

By Steve Baird® on March 27, 2017
Posted in Advertising, Articles, Branding, Marketing, Non-Traditional Trademarks, Sight, Social Media, Technology, Trademarks

My daughter captured this striking photo on a recent trip to Times Square in New York City:

GDBSnapchatAdTimeSquare

Here is my less-artsy close-up of the same advertising, to focus in on the Snapchat logo, complete with its rounded-corner square border and dot matrix surrounding the ghost shape:

SRBSnapchatAdTimeSquare

What do you think, should we add the ghost…

USPTO Pulling Up the Ladder on Picture-Word Equivalency in Assessing Trademark Rights?

By Steve Baird® on March 20, 2017
Posted in Advertising, Articles, Branding, Infringement, Marketing, Non-Traditional Trademarks, Trademarks, USPTO

CNBLadderLogo

A recent stroll through the Minneapolis skyway and the above construction billboard reminded me that we haven’t discussed the picture-word equivalency doctrine in trademark law for some time.

Judging from the supersize nature and precise placement of the ® federal registration symbol next to the ladder logo shown above, you’d think that City National…

Singular Iconic Non-Verbal Logo Silhouettes?

By Steve Baird® on January 15, 2015
Posted in Branding, Marketing, Trademarks

We’ve spilled a fair amount of digital ink discussing the power of non-verbal logos, especially the few iconic ones that can truly stand alone as silhouettes and need no color or words to convey their unique singularity:

  

Although I fully recognize that my bias…

Mash-Up of Non-Verbal Trademarks

By Steve Baird® on November 13, 2013
Posted in Branding, Marketing, Non-Traditional Trademarks, Trademarks

What is the common thread woven through this mash-up of non-verbal trademarks?

 

Yes, I continue to have yesterday’s post on my mind, they all signify vodka brands.

Which ones do you recognize?

Do you see the

Harley-Davidson Logo Rides Without Words

By Steve Baird® on July 8, 2013
Posted in Branding, Fair Use, Famous Marks, Infringement, Marketing, Non-Traditional Trademarks, Sight, Trademarks, USPTO

The well-known, if not famous, Harley-Davidson logo is on the left below, but what is on the right?

Might Harley-Davidson also be in the business of renting storage garage units for motorcycles among other outdoor toys? I doubt it.

It looks like Harley-Davidson is involved in the rental of motorcycles, but that’s all…

Critics Flush New University of California Logo

By Steve Baird® on December 14, 2012
Posted in AlphaWatch, Branding, Guest Bloggers, Marketing, Trademarks, Truncation

How about a little levity for your weekend preparations?

There has been a great deal of discussion among those interested in the brand new and increasingly controversial University of California logo appearing on the right above.

Mashable’s discussion of the online branding outrage is here. Berkeleyside coverage is here. And, News Fix coverage…

Will the Twitter Bird Fly Alone Some Day?

By Steve Baird® on July 5, 2012
Posted in Branding, Famous Marks, Marketing, Non-Traditional Trademarks, Sight, Social Networking, Trademarks

Last month William Lozito, over at Name Wire: The Product Naming Blog, reported on Twitter’s new bird logo, and the multitude of don’ts associated with the launch of it.

Having so many don’ts seems a bit contrary to Twitter’s prior rather lax or laissez-faire approach to…

Red Bull Packaging Trade Dress Approved by USPTO

By Steve Baird® on January 16, 2012
Posted in Articles

To assist in curbing the knock-off problem depicted above, Austrian-based Red Bull is on the move with its recent attempt to register — as a non-traditional trademark in the U.S. — the following design in connection with energy drinks, soft drinks, and sports drinks:

Here is the description of the mark approved by the USPTO…

The Colonel or The Bell?

By Steve Baird® on September 26, 2011
Posted in Branding

Which brand do you believe is better equipped to enjoy the benefits of using a non-verbal logo?

In other words, which brand can more easily shed the words from the visual identity, in the hopes of joining the ranks of these likely famous non-verbal logos and brand signals?

My answer below the jump.…

Continue Reading The Colonel or The Bell?

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