DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Skyway System

Uncertain Case of Google Trademark Fair Use

Posted in Advertising, Agreements, Articles, Branding, Contracts, Dilution, Fair Use, Famous Marks, Infringement, Marketing, Search Engines, Trademarks

Aren’t digital advertising billboards amazing? My iPhone captured this rolling series of images just yesterday, for a health care organization using the Google trademark in the Minneapolis skyway: My questions, permission, co-branding, no permission, but classic or nominative fair use? Is Google flattered? Free advertising? Do they care? Should they care? Discuss, to quote John Welch,… Continue Reading

Owning Some TM Happiness: Bubly ≠ Bubbly?

Posted in Advertising, Articles, Branding, Food, Marketing, Trademarks, Truncation, USPTO

For a few months now, the Minneapolis skyway system has been flooded with a variety of fresh, creative, eye-popping advertising to promote Pepsi’s new bubly sparkling water collection: Although not a lie (the bottles I’ve seen clearly reference Pepsi), you’d never know from this ad or the trademark registration that Pepsi is behind bubly, since an Irish entity… Continue Reading

Super Bowl Ambush Marketing Games Begin?

Posted in Advertising, Articles, Branding, Fair Use, False Advertising, Marketing, Non-Traditional Trademarks, Trademarks

We continue to have Super Bowl LII on our minds here in the Twin Cities. It’s hard to avoid thinking about the upcoming “Big Game” with ads like these blanketing our skyway maze: Turns out, everyone wants to have a little piece of the action in this upcoming event, even without the formality and cost… Continue Reading

Classic Trademark Fair Use of Google Mark?

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

North Memorial Health must be spending significant advertising dollars at the moment, with a variety of ads appearing all over the Minneapolis skyway system, above is one current example. In addition, there are a series of humorous and sarcastic TV ads that were designed to poke the bear of our broken health care system, congrats to Brandfire on… Continue Reading

It’s as Suggestive as a Butter Knife for Steak

Posted in Advertising, Articles, Branding, Food, Marketing, Trademarks, USPTO

We’ve written quite a bit over the years about the Spectrum of Distinctiveness for trademarks, and the all-important difference between suggestive marks and merely descriptive ones, with only the former being allowed immediate rights based on first use. Creativity is what separates the power of suggestion from the weakness and limbo of descriptiveness. Remember the floating feather… Continue Reading

A Trademark Use in Commerce Story: Bonobos Buzz and a Two for One Specimen?

Posted in Advertising, Articles, Branding, Fashion, Marketing, Sight, Trademarks, USPTO

There are at least two kinds of buzz converging at the moment (perhaps three), especially for fashion forward and fit oriented trademark types here in Minneapolis. On the one hand, with the holidays upon us it’s hard to avoid the barrage of billboard ads in the Minneapolis skyway promoting the first brick and mortar entry… Continue Reading

How Would You Pronounce Infringement?

Posted in Advertising, Articles, Branding, Food, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts, Trademarks

Last week, we discussed Caribou Coffee’s billboard ad referencing transparency — this week another installment from Caribou’s current Minneapolis skyway billboard campaign: That one made me think of this one, a post from a few months back about Kind nutritional bars and their Ingredients You Can See And Pronounce tagline and trademark: Marketing types, if… 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