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Tag Archives: Publicity

The Elvis Presley Estate Loses Bid to Block ELVIS JUICE Beer

Posted in Dilution, Famous Marks, Food, Infringement, International, Law Suits, Trademarks, TTAB, USPTO

Trademark disputes involving breweries are nothing new, with breweries battling each other, wineries, and even cities over trademarks. We can now add estates of dead celebrities to the mix, as the Estate of Elvis Presley continues its battle against UK-based BrewDog over its ELVIS JUICE I.P.A. The Elvis Estate first attempted to resolve the dispute… Continue Reading

Forget Prince; Minnesota Opens Courts to Hulk Hogans of the World with Revenge Porn Civil Action

Posted in Copyrights, Law Suits, Mixed Bag of Nuts

Recently, I attended the University of Minnesota’s celebration of “40 Years of Gopher Justice,” an event honoring the institution’s University Student Legal Service (“USLS”), a non-profit organization that provides UMN students with free legal services. The celebration included a panel on a contemporary topic in student advocacy: “revenge porn.” The topic isn’t relevant just for… Continue Reading

Chick-fil-A Goes Stealth in “Eat More Kale” Trademark Dispute?

Posted in Branding, Food, Infringement, Trademark Bullying, Trademarks

The question for the day is not, why did the chicken cross the road, but rather, why did the chicken file an ex parte Letter of Protest with the Office of the Deputy Commissioner for Trademark Examination Policy at the United States Patent and Trademark Office (USPTO), just a few months ago? To get to the other side of the… Continue Reading

Putting the Shoe on the Other Tootsie

Posted in Agreements, Branding, Dilution, Domain Names, Famous Marks, Food, Goodwill, Infringement, Law Suits, Marketing, Trademark Bullying, Trademarks

There was a time when a certain kind of small business owner — strapped for cash — with a meager promotional budget, easily could be tempted to adopt a “clever” name, as a “short-cut,” to “play off” a well-known, iconic brand, but in the end, he or she probably was convinced by counsel that doing so would be… Continue Reading

Best Buy Criticized for Geek Squad Trademark C&D Letter

Posted in Advertising, Branding, Infringement, Marketing, Sight, Television, Trademark Bullying, Trademarks

  Best Buy was the subject of some intense criticism at the end of last week when Chris Morran of The Consumerist Blog and Mike Masnick of the Techdirt Blog took Best Buy to task and Mike went so far as to label Best Buy a “trademark bully” for sending a cease and desist letter to Newegg for… Continue Reading

Losing the L-Word

Posted in Advertising, Almost Advice, Branding, Guest Bloggers, International, Marketing

 Okay, nobody wants to be a "loser," unless, of course, you happen to be the biggest one, but that’s beside the point, because that’s not the L-word I’m talking about today. No, I’m talking about a much more traditionally positive L-word, as in "leader," but as I learned earlier this week, at an excellent breakfast seminar hosted at Padilla Speer Beardsley (PSB) headquarters in Minneapolis, entitled… Continue Reading


Posted in Fair Use, Law Suits

There has been a recent (over the last two years) rash of lawsuits by former NCAA athletes alleging a right to recover money arising from the exploitation of their likenesses in video games. Recently, the Ninth Circuit heard arguments in the case Keller v. Electronic Arts, Inc. (complaint here). For a summary of the case and arguments,… Continue Reading

What a Croc!

Posted in Advertising, Branding, Infringement, Law Suits, Marketing, Sight, Trademarks

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?             $51,000 Blue Cayman                                                      $30 Blue Cayman Let’s see, one is a sleek, pricey, well-engineered, high performance… Continue Reading

Really, Facebook? Really?

Posted in Advertising, Social Networking

Hot on the heels of Dan Kelly’s prediction of the eventual fall of social networking sites, it seems that Facebook has embroiled itself in another controversy.  The upshot of the most recent story is that Facebook is essentially using its power of cyber eminent domain to sieze and use photos posted by users for advertisements… Continue Reading