Collaborations in Creativity & the Law ®
Brad VanAuken of The Blake Project and Branding Strategy Insider Blog wrote an interesting post about Branding Clichés And Hollow Claims:
“It seems that every good idea, every admirable quality, at some point gets overused and eventually becomes a cliché. Some qualities become so popular that every organization aspires to possess them or at
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Trademark law is unique. Unlike other intellectual property regimes where the primary concern is protecting the rights holder, trademark law is all about protecting the consumer and maintaining the integrity of the communication exchange between producer and consumer. (That’s why the test for infringement is “likelihood of confusion.”) Unlike patent or copyright laws, which simply create a bundle…
Puffing, according to Black’s Law Dictionary, is defined as:
The expression of an exagerrated opinion — as opposed to a factual representation — with the intent to sell a good or service.
Puffing, as a legal principle, has recently received a fair amount of attention as a result of Domino’s new ad campaign.
Puffing generally…