For the past couple years, General Mills has battled to register a yellow color mark in connection with its Cheerios® breakfast cereal. More specifically, back in 2015, General Mills applied to register (Serial No. 86757390) the mark shown below, described as “the color yellow appearing as the predominant uniform background color on product packaging
Kerrygold Update: A Buttery Settlement
A few months ago I posted about a trademark infringement lawsuit filed by Ornua, seller of Kerrygold® Pure Irish Butter, against Defendants Old World Creamery and Eurogold USA, who briefly sold Irish butter under the mark Irishgold. The court granted Ornua’s motion for a temporary restraining order (TRO), concluding that Ornua had a reasonable likelihood…
Trademark Butter Battle: Kerrygold v. Irishgold
You’ve probably heard of and/or eaten Kerrygold® Pure Irish Butter, a deliciously popular (but higher-priced) butter imported from Ireland, made with milk from grass-fed cows. It’s available in most stores across the United States…except for Wisconsin. Sorry to all my Wisconsin friends, you’re missing out. However, the butter is so popular that there have been…
Tissue Tussles at the Trademark Office
Each of the seasons has its own soundtrack to signal its transition. Spring is symbolized by the chirping of robins and sparrows. The sound of the grill and the splashing in the pool announces the arrival of Summer. Unfortunately for Winter, it got the short end of the stick. Nothing says Winter is on its…
The Budweiser Bowtie Can Shape Trademark
Launched a few months ago, it’s called the bowtie can, because it appears to emulate Budweiser’s well-known bowtie brand icon, but the formal description of the Anheuser-Busch beer can at the USPTO is a bit more clumsy and technical:
“The mark consists of packaging for the goods, namely, beverage package for the goods consisting
That Purple Cereal
–Susan Perera, Attorney
As you likely know, many of the Duets Blog bloggers were involved in a full day trademark CLE last week. One of the sessions focused on the issues facing private label brands and the line between identifying your competitor by using similar packaging and infringing on their trademark or trade dress.
— Karen Brennan, Attorney
While browsing through a toy store recently, I noticed what appears to be a trend in branding this holiday season – reintroducing classic or “nostalgic” toys. It is very hard for me to accept that the toys I played with as a child could be considered “nostalgic,” but upon…
Fling – a Big Flop with Women
— Karen Brennan, Attorney
Mars recently introduced a new candy bar, Fling, marketed exclusively to women, advertised as “an un-regrettably indulgent new product for women”. The website is predominantly pink and is littered with very stereo-typical one-liners meant to be sexy such as “you never know when you’ll want to have a Fling” and…
Understanding the Critical Role of the “Brand” in Product Packaging
Building a packaging brand seems simple at the outset. The only problem is you have to understand what the consumer wants and expects in their product packaging. That consumer is on the move too. They are time crunched, overworked and overwhelmed with information and even worse you have only 2.6 seconds to convince them to pick up your product for a closer look. So how can you "connect your message" with the consumer?
The package has an immense role to play. Besides transporting, protecting and keeping your product secure consider what other things the package is doing simultaneously: educating about what’s inside or how to use the product, helping the consumer to make an informed purchasing decision, making it convenient and easier for the customer to use, providing a sense product integrity and trust in your brand. Heard enough? Can your package meet these criteria?
It’s the emotional connection that builds today’s brands. How you make that connection is what separates successful brands from those that fail to make the grade. The package needs to "engage" the consumer by clearly stating value, benefits and reasons why a consumer should make the purchase. How will purchasing the product make someone’s life easier? How easy or convenient is it to use? How does it mesh with the consumer’s lifestyle? And most importantly, what’s in it for the consumer once they make the purchase?
So what constitutes compelling packaging brand? How "connected" are you to your consumer? Here are a few emotional descriptors that your packaging must convey. Does your packaging Engage, Evoke, and Engross the consumer?…
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