DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Steve Baird

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

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

Rosland Drops “What’s in Your Safe” Tagline?

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

Cause and effect is difficult to establish when all the relevant facts have not been assembled. We certainly don’t claim to have all of them here, with Rosland Capital’s current TV commercial. But, it was easy to wonder about timing, after noticing William Devane’s omission of the previous “What’s in Your Safe?” tagline in favor of “Are You Safe?” — especially given… 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

Does getaroom Make U Want 2 BookaRoom?

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

A tv commercial for yet another hotel booking website just caught my eye, called getaroom: This one was founded by a pair of lawyers, in fact, the same duo that founded Hotels.com. I was left wondering whether getaroom is federally-registered, and it is, for “providing travel lodging information services and travel lodging booking agency services… Continue Reading

Owning a (Wholesome) Four Letter Word

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

I’m not talking about those kinds of four letter words (by the way, we’re still awaiting the Brunetti decision to learn their fate), so today I’m talking about this wholesome kind: Inquiring minds may wonder (and interested alumni) how the University of Iowa might go about owning federally-registered rights in the word IOWA to convert that ™ symbol… Continue Reading

What Are You Thinking, Coke Zero?

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

  The above advertising billboard is plastered all over the Twin Cities at the moment, and it got me thinking, so here I am, once again, writing about Coke Zero, remember this can? Coke obtained a favorable decision from the TTAB early last year, ruling that ZERO is not generic for a soft drink category,… Continue Reading

“Hook and Loop” Meet Chutes and Ladders

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

Nearly everyone in the IP community is talking about the hilarious viral Velcro music video released last week. Hat tip to Patently-O, Martha, and Brett. The “behind the scenes” video is here. We’ve spoken before about nervous trademark types, behind the scenes doing their level best, and taking steps to try to avoid unwanted genericide of… Continue Reading

Federal Trademark Registration, the First Amendment, and Freedom of Speech: Part III

Posted in Articles, Branding, Dilution, Fair Use, Famous Marks, First Amendment, Marketing, Trademarks, TTAB, USPTO

Of course, loyal readers have been eagerly awaiting Part III of the series (see Part I and Part II) focusing on Tam’s intersection of federal trademark registration and the First Amendment. In terms of the certain and practical implications flowing from the decision, it opens the door to a host of new trademark applications containing religious and… Continue Reading

Making Fair Use of the Super Bowl Trademark

Posted in Advertising, Articles, Branding, Dilution, Fair Use, Famous Marks, First Amendment, Infringement, Law Suits, Marketing, Trademark Bullying, Trademarks

Over the weekend, the Star Tribune continued the growing drum beat of understandable excitement for Super Bowl LII, as it steadily approaches U.S. Bank Stadium in Minneapolis. The article also plays the typical NFL-enabling drum beat of caution against local businesses that might see fit to fairly and truthfully reference the Super Bowl in some… Continue Reading

Are pretzel crisps crumbling into genericness?

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

Marketing types and legal types who review labels, be well advised to choose words used carefully. In other words, if you believe you own rights in Pretzel Crisps as a trademark, it’s not wise to use the number of so-called “Crisps” as the serving size, especially with no trademark notice symbol. Frito-Lay’s successful 2014 generic… Continue Reading

Federal Trademark Registration, the First Amendment, and Freedom of Speech: Part II

Posted in Articles, Copyrights, Dilution, Famous Marks, First Amendment, Trademarks, USPTO

As the drum roll proceeds to the upcoming Midwest IP Institute in Minneapolis and sharing the podium with Joel MacMull of the Archer firm (and Simon Tam fame) on Thursday September 28, in a few days, I’ll be making a stop south of the border, at the University of Iowa College of Law, where it… Continue Reading

A Special Thank You to Suzan Shown Harjo

Posted in Articles, Branding, First Amendment, Law Suits, Marketing, SoapBox, Trademarks, TTAB, USPTO

Today marks the 25th anniversary of the filing of the petition to cancel the R-Word registrations held by Pro-Football, Inc., the NFL franchise playing near the Nation’s capital. Indian Country Today has published an interview with Suzan Shown Harjo, lead petitioner in Harjo et al v. Pro-Football, Inc., and organizer of Blackhorse et al v…. Continue Reading

2017 Minnesota State Fair Comes to a Close

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

Well, it’s official, the 2017 Minnesota State Fair is almost in the books now, it came and went, without the longstanding Original Deep Fried Cheese Curds stand (notwithstanding a heroic #savethecurds campaign); it was instead replaced by Big Fat Bacon, shown above. Love the prominent use of the TM on the signage, even if it… Continue Reading

I’m Saying, I’m Down with the I’MN Slogan

Posted in Advertising, Articles, Branding, Marketing, Trademarks

Love the new Minnesota State Lottery advertising slogan: I’MN. Or, as one of my college age sons often says, when he’s in agreement with someone’s idea or proposal, I’m down. The lottery slogan cleverly plays off the affirmative and adoptive slang phrase “I’m in” (i.e., “Count me in”) — it also plays off the MN… Continue Reading

Joust Do It? A New Form of Nike Battle Cry?

Posted in Advertising, Articles, Branding, Famous Marks, Marketing, Trademarks, TTAB, USPTO

By now, you’re familiar with my enjoyment in capturing and sharing new billboard signage that hits the streets of the Twin Cities. Question, what tagline might have inspired this one? Was the Minnesota Renaissance Festival inspired by Nike’s famous “Just Do It” tagline? Almost four years ago now, we noted — in this gem from… Continue Reading

3:16 as a Trademark?

Posted in Articles, Branding, Fashion, First Amendment, Marketing, Mixed Bag of Nuts, Television, Trademarks, Truncation

Over the weekend, IPBiz reported that WWE (World Wrestling Entertainment) has filed an application to register 3:16 as a trademark for clothing items. A Google search confirms that 3:16 has religious significance as it is a common truncation that signifies one of the most widely quoted verses from the Bible, namely, John 3:16. Despite other… Continue Reading

Federal Trademark Registration, the First Amendment, and Freedom of Speech: Part I

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

Looking forward to sharing the podium with Joel MacMull of the Archer firm (counsel for Simon Tam, where our friend Ron Coleman is a partner) to discuss “Trademark Registration and the First Amendment,” on September 28th at the Midwest IP Institute in Minneapolis. As a drum roll leading up to that discussion, and since there… 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

The Brand With 3 Stripes, Bands, or Stitches?

Posted in Articles, Branding, Famous Marks, Fashion, Infringement, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks, USPTO

We’ve written a lot over the years about Adidas’ three-stripe non-verbal, non-traditional trademark. Turns out, Adidas actually owns a federally-registered trademark for the verbal, spelled-out, look-for advertising equivalent too, called: The Brand With The 3 Stripes®. We haven’t until now probed the meaning of “stripe” though: “A long narrow band or strip, typically of the… Continue Reading