Do you suppose that the Mall of America ever thought about its brand name being associated with a "roof collapse" when it signed on and paid for the naming rights at the aging Mall of America Field, the nearly thirty year old inflatable indoor venue "formerly known as" the Hubert H. Humphrey Metrodome, located in Minneapolis
Trademark Bullies Beware the Seventh Circuit
Actually, not just the Seventh Circuit Court of Appeals (governing appeals from the federal district courts in Illinois, Indiana, and Wisconsin), but the Seventh Circuit is the most recent to reaffirm that our current legal system does, in fact, provide protection against real “trademark bullies” — and more generally — those who abuse
Ringy Dingy: A Handy PR Tool for Trademark Lawyers
Years ago I recall hearing a veteran trademark lawyer warn intellectual property continuing legal education attendees, "When your toolbox only has a hammer in it, everything in your world starts to look like a nail."
Fair enough. It’s time for all of us to revisit the contents of our professional toolbox.
Last week, following the firestorm of criticism surrounding Best Buy’s cease and desist
Total Recall
by Randall Hull of The Br@nd Ranch®
AKA: "Oh What a feeling".
Unless you have been on a trek to one of the poles or living in a cabin deep in the woods somewhere, you have likely heard about the huge problem facing Toyota Motor Corporation and its U.S. organization Toyota Motor Sales USA Inc.
Color Trademarks, Red Knobs, and Secondary Meaning
More on single color trademarks today. Eighteen months ago, Wolf Appliance obtained a federal trademark registration in connection with "a red knob or knobs" of "domestic gas and electric cooking appliances, namely, ranges, dual-fuel ranges, cooktops, and barbeque grills."
Wolf put its registration to the test a couple of weeks ago in a federal
What a Croc!
It’s not every day you get a chance to use that phrase in a headline. But, what may become known as the "The Cayman Kerfuffle", presents the perfect opportunity.
Would a reasonable person find these confusingly similar?
.jpg)
.jpg)
$51,000 Blue Cayman $30 Blue Cayman
Let’s see, one is a sleek, pricey, well-engineered, high
Don’t Expect This to Have Tiger by the Tail…
Tiger Woods’ scandal proves once again that celebrity gossip mongering is a blood sport. The bigger the celebrity, the more the blood will flow. In Tiger’s case, he can open up a blood bank. Though it’s unlikely to reach the insanity that was unleashed when Michael Jackson died last summer, it will take the feeding frenzy to a new, all-time low, not because of his marital infidelity, but because of his immense stature as an iconic personality and global brand.
Our addiction to sycophantic enabling of celebrity bad behavior is beyond the pale. We reward and celebrate mediocrity. We give a moral equivalency and equal airtime to those knowingly doing the wrong thing. The discussion isn’t about right versus wrong anymore, but instead the takeaway is “don’t get caught!” Woods’ actions aren’t praise-worthy, but the punishment meted out in the court of public opinion of his private, personal situation is off the charts. Tiger’s poor job at managing the damage control process seems to be as big an affront to the public as what got him into this position.
His off-links activities are irrelevant to the golf world in the scheme of what he has done for the sport in the past 15 years. Let’s remember he plays golf and doesn’t hold elected public office. He didn’t impugn the integrity of his sport by betting or use performance enhancing drugs. Does Tiger Woods deserve to be vilified like O.J. Simpson, Eliot Spitzer, Mark Sanford, John Edwards, Bill Clinton, Marv Albert, Pete Rose, Alex Rodriguez, and many others?Continue Reading Don’t Expect This to Have Tiger by the Tail…
Whatever Happened to the Adversarial System?
My job sometimes is rescuing attorneys, often from themselves. Perhaps the quintessential illustration is a comment made by a corporate general counsel recently, whose organization was responsible for a number of victims, including fatalities. Her opening line to me was, “We’re not the empathy department in this company.” However, the reason she was talking to me was that
Lion’s Tap Shouldn’t Have Sued. At Least Not So Soon.
A brief study in how the Lion’s Tap could have had its burger and eaten it too.
I have to say, in the interest of full disclosure, I have an irrational love for the Lion’s Tap.
Ever since I worked in Eden Prairie back in the 1990s, I’ve been hooked. Fast forward the better part of a decade, put our family a cool 35 miles away in Shoreview, and we still find ourselves driving nearly an hour on special occasions to grab a burger.
That’s part of what made me so damn mad when I saw McDonald’s latest billboards. Who’s your patty? For Angus burgers? You’ve got to be kidding. Lion’s Tap is "my" patty, thank you very much! They’ve had the slogan on their tastefully tacky t-shirts for over four years.
I thought about it though. I know Lion’s Tap. But my guess is that only a small smattering of people do (perhaps 3-4% of the Twin Cities population if you were to survey). Who are they going to think came up with the slogan? And if they walked into Lion’s Tap tomorrow, who would you think was ripping off whom? That’s right. You guessed it.
It bugged me. I was a bit upset. I was ready to come to my restaurant’s defense.
Until they sued.
You can read more here, but the fact of the matter is that Lion’s Tap decided to run to the courts to remedy what is calls a trademark infringement case.
Here’s the problem, instead of coming off as the victim (which you could argue Lion’s Tap is), they come off as another coffee-in-the-crotch, show-me-the-money, lawsuit-happy opportunist. Just read some of the news stories and read some of the comments to see what I mean, here, here, and here.
Ick.
Let’s explore what Lion’s Tap "could have" done differently, and how it might have panned out.Continue Reading Lion’s Tap Shouldn’t Have Sued. At Least Not So Soon.
All About Taglines and Advertising Slogans: Who’s Your Patty Anyway?
Taglines and advertising slogans can be wonderful branding and marketing tools, but I’m thinking (not Arby’s, by the way) that McDonald’s is probably not thinkin’ that its (likely) famous I’m lovin’ it tagline accurately describes its taste for the federal trademark infringement lawsuit that Twin Cities-based Lion’s Tap recently slapped on McDonald’s for its whopper of an advertising campaign — promoting its new Angus Third Pounders — served up with the clever and simple play-on-words advertising slogan and question: Who’s Your Patty?
No doubt, McDonald’s likely will not make a run for the border, instead, it likely will instruct its team of lawyers to think outside the bun in designing a successful legal defense and response strategy, in the hope of not hearing the court say to Lion’s Tap in the end, have it your way.
For your reading pleasure, here is a pdf copy of the complaint filed last Friday in Minnesota federal district court. As you will see from the Minnesota State Who’s Your Patty? Certificate of Registration (attached to the filed complaint), Lion’s Tap waited to register its claimed mark in Minnesota until August 18, 2009, ten days before filing suit. As a result, Lion’s Tap clearly did not register the tagline “four years ago,” or back in 2005 (the year it claims to have commenced use), as incorrectly reported ad nauseam, here, here, here, here, here, here, here, here, and here. Well, at least a couple of the media outlets covering the story avoided the mistake, and got the registration date right.
So, why is the date of registration significant? If McDonald’s didn’t know about Lion’s Tap’s use before rolling out its own use of “Who’s Your Patty?” — an entirely plausible scenario, since the mark was not registered, even in Minnesota, until well after and apparently in response to McDonald’s already commenced use — it starts to look like a much different case for Lion’s Tap (more un-Hamburglar-like), for reasons I’ll explain later.Continue Reading All About Taglines and Advertising Slogans: Who’s Your Patty Anyway?