DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Steve Baird

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

Illegal Brand Clone, or Evolved Inspiration?

Posted in Articles, Branding, Dilution, Famous Marks, First Amendment, Infringement, Marketing, Trademarks, USPTO

A loyal reader brought to our attention the logo for a rather interesting chiropractic practice: Without too much pain, can we all agree on the likely inspiration for the above name and logo? What’s really interesting is that the name Thorassic Park has been federally-registered since 2004, so there is little doubt that the names… Continue Reading

Kevin O’Leary Not Nuts About Mr Wonderful

Posted in Articles, Branding, Food, Loss of Rights, Marketing, Mixed Bag of Nuts, Television, Trademarks, USPTO

We’ve been stalking Kevin O’Leary’s nutty Mr. Wonderful trademark application, for a while now. In April, we thought the USPTO would refuse registration of Mr. Wonderful for nuts, based on this: In June, we were shocked to see the USPTO missed issuing the obvious refusal, and in August, we noted and reported that The Wonderful… Continue Reading

Leaving Zero to the Imagination in Branding

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

We’ve been down this road before, some themes intersect, and trademark value is filtered out: The intersecting themes on tap for the day are: Zero, Branding, Trademarks, and Loss of Rights. ZEROWATER is a perfectly suggestive, inherently distinctive, and federally-registered trademark with “incontestable” status as a source-identifier for “water filtering units for household use.” Judging from the specimens… Continue Reading

Whistling While You Work to Parody a Brand?

Posted in Articles, Branding, Dilution, Famous Marks, First Amendment, Food, Marketing, Product Packaging, Trademarks

This is quite a collection of art pieces, inspired by some pretty recognizable candy bar brands: The fine print reads: “Each handmade . . . sculpture is a real working whistle!” Parodies, anyone? Here’s a question, does the functionality of these pieces make them any less expressive as art, any more likely to be confused, any more likely… Continue Reading

Chief Justice John Roberts Talks Trademarks

Posted in Articles, First Amendment, Patents, Trademarks

It’s not every day you’re presented with the unique opportunity of seeing and hearing the Chief Justice of the United States Supreme Court live in your own backyard, thanks very much Caleb! Tuesday was that day, Chief Justice John G. Roberts, Jr. was here in Minneapolis for the 2018 Stein Lecture at the University of Minnesota’s Northrup Auditorium, as the… Continue Reading

Verbing a Wine Brand Won’t Make You a Star

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

Welcome to another edition of trademark stories that are inspired by billboard advertisements: This one was captured for obvious reasons, if you’re familiar with our interest in brandverbing: Just Verb It? A Legal Perspective on Using Brands As Verbs: Part I Just Verb It? Part II: A Legal Perspective on Using Brands as Verbs Just Verb It? Part… Continue Reading

Look-For Louboutin Kick-in-the-Pants Shoes?

Posted in Advertising, Articles, Branding, Fashion, International, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks, USPTO

A recent Mall of America and Nordstrom shopping trip (with visiting extended family), coupled with some initial moments of admitted boredom, led me to wandering through the shoe department: Let’s just say, the stroll through the shoe department made it all worthwhile, to capture the above image, showing Louboutin’s latest fashion sense, leading to my mental… Continue Reading

When Are You in a Lather About Trademarks?

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

As you know, I enjoy telling trademark stories about soaps encountered on my various trips: Lather® (brand) soap recently caught my eye — and the lens of my iPhone — while in Palo Alto. Interestingly, the USPTO has treated the word as inherently distinctive, in Lather’s registrations. In other words, not merely descriptive, even though using the product surely produces some…. Continue Reading

Is a Wellness Brand Vaped by Nicotine?

Posted in Advertising, Articles, Branding, FDA Approval, Law Suits, Marketing, Trademarks

Juut, an award-winning salon and spa founded in Minneapolis, has grown over the last 30 years, expanding into Arizona and California, with a focus not only on beauty, but health and wellness. Juut was founded by David Wagner (author of Life as a Daymaker — How to Change the World by Making Someone’s Day), naturally the Juut name means: “to uplift humanity… Continue Reading

Creative Brand Protection II — A Picture Book

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

Another Creative Brand Protection event is in the books, thanks to our incredible panel of experts: Karen Brennan, Senior Director, Intellectual Property, Best Buy Anne Hall, Technology Strategy Manager-Life Sciences, University of Minnesota Aaron Keller, Co-Author: The Physics of Brand; Co-Founder Capsule Design Tim Sitzmann, Trademark and Brand Protection Attorney, Winthrop & Weinstine Their insights… Continue Reading

If Only HoneyCrisp Was an Apple Trademark

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

Yeah, we usually mean this Apple, when we spill digital ink, not today, instead the edible varieties: Hat tip to Erik Pelton who tweeted about the federal registration of LUDACRISP for fresh apples. We know something about non-ludicrous trademark protection for apples > First Kiss and Rave. They are newly minted brands for the MN55 Apple, a cross… Continue Reading

Scandalous/Shocking Trademark Applications

Posted in Articles, Branding, First Amendment, Marketing, Trademarks, USPTO

Erik Brunetti is not one step closer to being able to federally-register his vulgar and scandalous FUCT trademark for clothing; his portfolio of applications remain log jammed (here and here): So, scandalous trademark applications are still on hold at the U.S. Trademark Office, since the government is now asking for the Supreme Court to reverse… Continue Reading

Budweiser and Jim Beam on the Same Team

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

In April, news broke that two iconic alcohol brands were joining forces to create a remarkable new beer: Jim Beam Budweiser Copper Lager. Fruit of the joint labor is now available for consumption: The unique combination doesn’t appear destined to fall flat, as in the early days since launch, it seems to be attracting even… Continue Reading

A Zero Sum Game in the Trademark World?

Posted in Advertising, Articles, Branding, Genericide, Loss of Rights, Marketing, Product Packaging, SoapBox, USPTO

We’ve had a lot of nothing — meaning zero, and the trademark meaning, if any, of zero — on our mind lately, so imagine my surprise to see this soap “brand” for the first time last week in a hotel: Not sure how to pronounce it, but as we know, there really is no “correct”… Continue Reading

How to Master the Patentese of Trademarks

Posted in Almost Advice, Articles, Branding, Marketing, Trademarks, USPTO

Since launching almost ten years ago, we’ve focused on helping and guiding marketing/branding professionals, as we seek to facilitate their graceful collaborations with trademark professionals. Our approach has strived to deliver valuable information, without the typical jargon and legalese. It seriously borders the obvious to say that folks who connect with us here know the… Continue Reading

No What? ZERO Means 0 and 0 Means ZERO!

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

Taking our discussion about Coke Zero a little further than Monday’s discussion, is it any wonder that “zero” stands for nothing, none, nada, when it comes to calories, given icons like this one: In other words, it doesn’t and it can’t hold trademark significance for calorie-free, no-calorie, or zero-calorie food products and beverages, and spelling out “0” as ZERO… 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

Cat Calling Attention to Women’s Footwear?

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

When ideas from different realms converge in a single moment of time, a new blog post is born. “Catcalling” — albeit a rebranded, reimagined, or redefined version of it — recently has been front and center in a political Twitter storm and remains a lightning rod in the non-stop news cycle. So, imagine my surprise also to see the sturdy Cat… Continue Reading

Will Mr. Wonderful Become a TM Nutcracker?

Posted in Articles, Branding, Food, Marketing, Mixed Bag of Nuts, Trademarks, USPTO

Two months ago, our attention seized on a nutty and woefully deficient USPTO examination of a trademark application to register — Mr. Wonderful — for roasted nuts, and nut-based snack foods, among other food products, given the prior WONDERFUL trademark rights owned by these folks: Just like clockwork, events now appear to be playing out as expected,… Continue Reading

Color Marks: Looking for Look-for Advertising

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

These lime green building sites caught my eye and jogged my trademark memory. First, the future home of the University of Iowa College of Pharmacy, at beam signing, on May 4, 2018: Second, the expansion of the Metro Transit headquarters near downtown Minneapolis, on June 12: Of course, the obviously common element of both building sites, besides… Continue Reading

No Gold TM Stars for This Red Star Brand!

Posted in Advertising, Almost Advice, Articles, Branding, Food, Loss of Rights, Marketing, Product Packaging, Trademarks

As I’ve been known to do long before now, this past weekend I found myself gazing intently, this time, into the front label and back copy on this S. Pellegrino sparkling natural mineral water bottle: Putting aside the question of the shiny red star logo, which we already have bloviated about, here, a few years… Continue Reading