– Draeke Weseman, Weseman Law Office, PLLC
When I think of Twitter, I think of — it’s really hard to define because we’re still coming up with the vocabulary — but I think it’s defined a new behavior that’s very different than what we’ve seen before.
— Jack Dorsey, Twitter Co-Founder in 2009
My, how
Please consider this beautiful backdrop and sunset in Ontario, Canada, as a gentle reminder of how important it is to have a very clear understanding of your brand’s trademark strength and reasonable scope of rights before engaging in trademark enforcement activities.
A hot dog is a type of sandwich, and “footlong” denotes a type, category, or class of sandwiches (those measuring about a foot in length), making “footlong” a generic term and part of the public domain — incapable of serving as a trademark for any kind of
Let’s call it the Family Feud test of trademark suggestiveness . . . . 
We’ve written a lot here about the all-important Spectrum of Distinctiveness, a key tool for those who name products and services, and for those who hope their selected names can be ownable as trademarks, upon their first use in commerce.
In the wake of all the discussion and debate over “trademark bullying,” NFIB (National Federation of Independent Businesses), the self-proclaimed Voice of Small Business, recently offered its members and followers “5 Steps to Avoid Corporate Trademark Bullying“:
On this Valentine’s Day, after enduring weeks of the same endless running of national retail jewelry chain advertising, leading up to this annually celebrated day of love and affection, I thought it might be fitting to try a few retail jewelry store taglines on for size and examine — at least from a trademark perspective — their protect-ability and likely placement on
Seth Godin’s recent post entitled Subtlety, deconstructed, struck a chord with me, and should strike a chord with all trademark types and the brand owners they represent. Here is my favorite excerpt:
Subtle design and messaging challenge the user to make her own connections instead of spelling out every detail. Connections we make are more powerful
Apparently, if you own one of the diminishing number of retail shops that specializes in tobacco products, it doesn’t really matter if you have a brand or a distinctive name, or not. Tell them what you sell, tell them you’re open for business, and they will come, I guess.
This image got me thinking about how often this marketing strategy — if
We’re not talking about Phantom of the Opera, and we’re not talking about the kind of phantom trademark issue discussed by Sharon in her compelling What is Maker’s Mark’s Mark? post from April of this year. No, we’re talking today, on this day for celebration, and on this wonderful 4th of July, about a Phantom trademark and brand that apparently
Lest you missed the prior (absence of) fanfare from the United States Patent and Trademark Office (USPTO), we thought you should know (now you have not only constructive notice, but actual notice and knowledge of these valuable and important rights) that we are the proud parents (for those of you who personalize your company’s or client’s trademarks