DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Seth Godin

DuestBlog Reflections: Embracing Tension

Posted in Articles, Branding, Genericide, Loss of Rights, Marketing, Trademarks

As the drum beat grows for our interview of Seth Godin tomorrow, it is only fitting that we are reminded of the importance of embracing tension and the ruckus we’ve set out to make here. Seth’s fabulous and penetrating new book called This is Marketing, will be released tomorrow, no doubt another best-seller, a must-read for… Continue Reading

DuetsBlog Reflections: “In The Beginning”

Posted in Articles, Branding, Guest Bloggers, Marketing, Trademarks

Throughout our nearly decade-long journey and exploration called “DuetsBlog,” we have been blessed and we remain grateful to have met so many incredible new friends along the way. Next Tuesday, we have the remarkable privilege of publishing here on DuetsBlog an interview with Seth Godin, a generous person, overflowing with thoughtful insights and valuable perspectives. In the meantime, many… Continue Reading

Coke Opening ZERO Genericness Floodgates?

Posted in Advertising, Almost Advice, Articles, Branding, Food, Genericide, Loss of Rights, Marketing, Trademarks, TTAB, USPTO

We’ve been writing about the COKE ZERO trademark for nearly a decade now, noting in 2014: “[I]t will be worth watching to see whether the [TTAB] finds that ‘ZERO’ primarily means Coke or just a soft drink having ‘no calories, you know, a drink about nothing . . . .’” Turns out, in May 2016, Coke obtained a favorable… Continue Reading

Registration of a Very Personal Brand Name

Posted in Advertising, Articles, Branding, Marketing, Mixed Bag of Nuts, Search Engines, Social Media, Social Networking, Television, Trademarks, USPTO

How much do I believe in federal registration of trademarks and brand names? Well, this much: I’ve always been a big fan of practicing what you preach. Actually walking the talk. Not just talk. That mindset helps explain why we stuck with the suggestive name of this blog, even after the experts recommended against it several times, for SEO and… Continue Reading

We’re Nine, That’s Lots of Blogging Birthdays!

Posted in Articles, Branding, Guest Bloggers, Marketing, Trademarks

Can you believe it? Nine times, we’ve celebrated our birthday with you (our amazing readers and supporters) — it all started with Dr. No and the Parade of Horribles; then a Seth milestone here. A Ron milestone there. We’ve hardly taken a day off, much less skipped a class, or been called out as absent from any serious discussion on any… Continue Reading

Amazon Smiles With Iconic Non-Verbal Logo?

Posted in Advertising, Articles, Branding, Marketing, Non-Traditional Trademarks, Trademarks, USPTO

Yesterday, while on the highway heading to a client meeting, I noticed a truck that looked like this: It reminded me of the plentiful ink we’ve spilled over the years about singular iconic non-verbal logos that can truly stand alone. Remember Seth Godin’s generous insights shared, here? Given the dominant display of Amazon’s non-verbal logo shown above (without the Amazon… Continue Reading

This Friday: You Can Say Buh Bye to Dr. No!

Posted in Advertising, Articles, Branding, Marketing, Social Media, Trademarks

This Friday, yours truly will be presenting “Making Your Business Blogging Visible” at SME (Sales and Marketing Executives of Minnesota), and you can learn about all of the details here. Given the title, as you might have guessed, I’ll be sharing some perspectives on how DuetsBlog came to be, where we’ve been, how we’ve been doing what we… Continue Reading

Branding Stories Around The Lack of Memory

Posted in Advertising, Articles, Branding, Marketing, Squirrelly Thoughts, Television, Trademarks, USPTO

I’ve been meaning to write about a TV commercial for a while, but I keep forgetting to do it. Perhaps I need the very product being advertised in the commercial, because what gained my attention was the clever tagline following the brand name: Prevagen. The Name to Remember. Given the goods being sold, it struck… Continue Reading

Some Subtle Stories Make Great Trademarks

Posted in Advertising, Articles, Branding, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Trademarks, USPTO

One of my passions is to find common and favorable ground between legal and marketing types. One of the readings during week three of Seth Godin’s intensive altMBA workshop reminded me of a great example to illustrate how a valid marketing goal can align with strong legal protection. An excerpt from Seth’s All Marketers are Liars book was… Continue Reading

When Less is More

Posted in Advertising, AlphaWatch, Articles, Branding, Food, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Trademarks, Truncation

Love the simplicity and honesty of this sign, captured on vacation, in a cozy crepe spot (had to get out of my chair and walk across the dining room to read the smaller print, well worth the steps): As Seth recently noted, there can be room for improvement when it comes to making signs (we… Continue Reading

Does a Commodity Ever Need to Apologize?

Posted in AlphaWatch, Articles, Branding, Genericide, Goodwill, Loss of Rights, Marketing, Mixed Bag of Nuts, Trademarks

On this welcome Labor Day, a few different thoughts converged for me, so please allow me to answer my own question in the title of this post, starting by explaining the below photo: After repeated diversions from a particular moving stairway a/k/a escalator to the far less convenient elevators in an unnamed downtown Minneapolis office… Continue Reading

Worthwhile Uncomfortable Conversations

Posted in Agreements, Articles, Branding, Contracts, Copyrights, Law Suits, Marketing, Trademarks

Seth Godin wrote this past weekend about joint ownership of creations: “Before you create intellectual property (a book, a song, a patent, the words on a website, a design) with someone else, agree in writing about who owns what, who can exploit it, what happens to the earnings, who can control its destiny.” We couldn’t… Continue Reading

Yes, No, and the Ever Confusing Maybe . . .

Posted in Articles, Branding, Genericide, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, SoapBox, Squirrelly Thoughts, Trademarks

Yes and no are at opposite ends of the spectrum. North Pole, South Pole. Night and day. Win, loss. Black, white. Available, unavailable. Protectable, unprotectable. Infringing, non-infringing. They represent a binary proposition, like a traditional light switch with two settings: on and off. My daughter loves the yes end of the spectrum; no, not so… Continue Reading

Who Decides What Your Brand’s Worth?

Posted in Articles, Branding, International, Marketing, Patents, Product Configurations, Trademarks

On this Cyber Monday, I’m left wondering, will we ever have a day when the metrics and automated tools available are so accurate and reliable that intangible assets like brands (and trademarks) regularly will be valued, bought, and sold online? At rock bottom, a brand’s value is at least what another — in an arm’s… Continue Reading

When Brands Get Personal, Do They Lose Their Identity?

Posted in Advertising, Branding, Famous Marks, Marketing, Non-Traditional Trademarks, Product Packaging, Trademarks

Marketing has always been an exercise in getting consumers to make a connection with a brand.  As our friend Seth Godin once said “Marketing is no longer about the stuff that you make, but the story that you tell.”   With the widespread use of social media like Twitter, Facebook, and Instagram, those stories are… Continue Reading

Thanksgiving Feast: ABA Journal’s Blawg 100

Posted in Advertising, Branding, Guest Bloggers, Marketing, Trademarks

Thanksgiving is coming a couple of days early here at DuetsBlog. We have been minding our business — doing what we do best — fresh branding, trademark, and IP content and insights here five days a week, always thankful for the wonderful contributions from our talented guest bloggers, and staying inspired to write even more… Continue Reading

Another Way the NFL Can Protect the Shield

Posted in Mixed Bag of Nuts

It’s no secret that the NFL is facing a reputation crisis, on a variety of fronts. With 2013 being called “a very bad year” for the NFL, words will be difficult to describe how badly 2014 ends (reputationally), if the league continues on its current path of self-destruction. A common thread to the concussion crisis… Continue Reading

Owning a New Look Through Advertisements

Posted in Advertising, Articles, Branding, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Sight, Trademarks

We’ve spilled a lot of digital ink on the importance of “look for” advertising when a brand owner wants to legally own a non-traditional trademark like a single color, or perhaps the shape of a product, or even product packaging or containers, among other potential non-traditional marks. So, when I discovered three billboard ads within… Continue Reading

Debbie Millman Interviews Seth Godin

Posted in Articles, Branding, Marketing

(The) INTA was not in the cards this year, as Hong Kong would have been a very long flight, and besides, Boston (Strong) prevailed instead, to feed my insatiable hunger for creative inspiration at HOW Design Live 2014. Barbara Walters, (the) Oprah, step aside, here comes Debbie Millman of Sterling Brands: This interview was thoroughly… Continue Reading

Having “Just Ship It” Reluctance?

Posted in Articles, Branding, Dilution, Famous Marks, Marketing, Mixed Bag of Nuts, Trademarks, TTAB

Seth Godin — famous for inspiring those who create to “shipit” — took the opportunity yesterday to respond to those who contend he encourages others to “just ship it.” In Godin’s response he takes issue with the word “just,” because it “implies a throwaway“: “The just has a, ‘what the hell,’ element to it. With ‘just’ in… Continue Reading

Duey is Four Today!

Posted in Mixed Bag of Nuts

Now that we’re out of diapers and through the terrible twos, we’ve reached another milestone: Duey is four years old today. This birthday kind of snuck up on us, so no plans for drinks on us today, in fact we’re buried in snow, so the INTA Roundtable (on the topic of Trademark Enforcement) that we’re scheduled to host… Continue Reading