DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Signs

Are You Leading With Buddha’s Hand Too?

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

Size and prominence of wording on business signs, product labels and hangtags will often emphasize brand signals. Yet, sometimes decisions are made to scream generic names instead. Never having seen the above shown wacky fresh fruit until recently, my assumption was that Buddha’s Hand represented a clever brand name for a certain type of citron… Continue Reading

Unintended Irony in a Business Name?

Posted in Advertising, Branding, Marketing, Trademarks

Common sense probably dictates that if you take the time and effort to create, build, and position signage to help sell what it is you’re selling, the sign should be visible, right? Especially in these tough times, when you’re selling real estate, and this is the view from the road: Then again, maybe not, especially if you’ve adopted a business… Continue Reading

What Do The Words You Choose Imply?

Posted in Advertising, Branding, False Advertising, Goodwill, Marketing

The words we choose to use in commercial signage, advertising, and marketing materials mean something. That’s why we use them, to communicate a fact, an opinion, or perhaps some other message. The use of certain words, can carry implied meanings too, some intended, and perhaps some unintended. For example, yesterday Seth Godin wrote this about… Continue Reading

The Night (Some of) the Lights Went Out at Sears

Posted in Advertising, Branding, Marketing, Sight, Trademarks

Sorry, I couldn’t resist snapping this photo tonight at the local Sears appliance store: Could Sears be going green and saving some electricity? Could Sears be suggesting it is ready to carefully listen to your requests and/or complaints? Or, has Sears found a creative way to promote its sale of Ultimate Ears earphones in the dark? More seriously, this… Continue Reading

Parking Lot Lures & Twins Brand Bait?

Posted in Advertising, Branding, Fair Use, Goodwill, Infringement, Marketing, Trademarks

Guys and gals on the street waiving orange flags aren’t the only parking lot lures in Twins Territory: We’ve talked before about how some of those doing business or advertising in close proximity to Minneapolis’ brand new Target Field — home to the Minnesota Twins — appear to see advantage in using the Twins name (and now logo, and/or trade… Continue Reading

What Sells Your Product?

Posted in Advertising, Branding, Domain Names, Marketing, Search Engines

–Dan Kelly, Attorney Which of these two signs (generally speaking, not these specific signs) do you think has sold more beer? or It stands to reason that COLD BEER signs have probably moved more product than BUDWEISER signs in the history of time, but, as with all things, context is important. Merge the above train of thought with… Continue Reading

Who’s Your Patty? or Where’s Who’s Your Patty?

Posted in Advertising, Branding, Dilution, Domain Names, Food, Infringement, Law Suits, Marketing, Trademarks

As promised, here are some additional thoughts (beyond the very frank and practical non-legal advice already shared by Jason Voiovich) about Lion’s Tap’s trademark infringement case against McDonald’s over the "Who’s Your Patty?" slogan. Here’s the multi-million dollar question: What did McDonald’s know and when did they know it? Those are questions likely to get a lot of… Continue Reading

Are Your Business Signs and Brand on the Same Page?

Posted in Advertising, Agreements, Branding, Contracts, Food, Marketing, Non-Traditional Trademarks, Trademarks

Hopefully you enjoy riddles. It is late Sunday afternoon, 4:30 pm to be exact. Too early for valet parking at Fogo de Chao, a wonderful Brazilian steakhouse, so you drive two blocks and enter a parking lot with the following sign: You had a very nice dinner and now you’re ready to leave the parking lot… Continue Reading