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Tag Archives: Super Bowl

Legitimate Super Bowl Ambush Marketing

Posted in Advertising, Articles, Branding, Dilution, Fair Use, False Advertising, First Amendment, Infringement, Marketing, Trademark Bullying, Trademarks

Not all ambush marketing is created equal. Some can cross the line and create a likelihood of confusion as to sponsorship. Some falsely advertises. But, some is totally fair use and lawful. This current promotional banner by La-Z-Boy is capitalizing on the excitement surrounding the upcoming Super Bowl weekend festivities, but without reasonable risk of… Continue Reading

Green Bay Packers Enforce “Titletown” Mark Against High School Football News Series

Posted in Articles, Branding, Dilution, Fair Use, Famous Marks, Infringement, Mixed Bag of Nuts, Sight, Trademarks, TTAB, USPTO

Tis’ the season for football, not just on the gridiron, but also at the U.S. Patent and Trademark Office. Shortly after the “Minneapolis Miracle,” as we reported this week, the Minnesota Vikings applied for registered marks on the phrase. And with the “big game” approaching, teams have titles on the mind–even those that aren’t in… Continue Reading

The Minnesota Miracle That Lasted a Moment?

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

Well, it was fun while it lasted. Some incredible moments last longer than others, and when the stars are all lined up, they can even translate into a movement. Yet, the blistering loss in Philly proved that our hope of being more than a host for Super Bowl LII, wasn’t meant to be. Minnesota was seriously buzzing for the past week,… Continue Reading

Dilly Dilly, Minnesota Vikings Going to Philly

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

Wow, words don’t and could never describe the emotions behind the last ten second fourth-quarter TD and Vikings win over the New Orleans Saints — Who Dat Nation — last night in Minneapolis: Hat tip on the title, to a lubricated fan leaving U.S. Bank Stadium after the game — the whole Dilly Dilly thing seems kind… 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

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

Patriots Granted Registrations for “Perfect Season” That Never Was

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

Regardless of which team you were rooting for, this year’s Super Bowl (a/k/a the Big Game) was an exciting one to watch, with the Patriots making a surprising comeback in the second half, racking up 31 consecutive points to overcome the Falcons 28-3 lead. A number of records were made this year, including the first overtime… Continue Reading

A Meaningful Shift in Super Bowl Ads

Posted in Advertising, Branding

The Super Bowl ads this year were much like the game itself – maybe one remarkable catch, a few fumbles, and heavy on defense.  Some even deserved a penalty flag – like the one for toe fungus and the revolting puppy-monkey-baby (and I’m an avid Diet Mountain Dew drinker).  However, there were some subtle shifts…. Continue Reading

The “Poo” People Use: Who Owns Emojis

Posted in Mixed Bag of Nuts

Emojis – those cute images you may find in a keyboard on your Android or iPhone device – have changed the way many people communicate thoughts, ideas, feelings and concepts.  They can add a certain level of pizzazz to an otherwise ordinary text message, Facebook post, or tweet.  And, if I may borrow a line… Continue Reading

Bright Bulbs Bring Bank Branding Battle

Posted in Advertising, Agreements, Articles, Branding, Famous Marks, Marketing, Technology, Television, Trademarks

-Wes Anderson, Attorney Just as the Minnesota Vikings exceed expectations this year and push into the NFL playoffs, the Vikings’ still-unfinished new stadium is producing some interesting (if not expected) branding-related litigation. A major topic of conversation here in the Twin Cities is the 2016 opening of U.S. Bank Stadium, the Vikings’ new home built… Continue Reading


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

You might be familiar with the popular mid-90s commercials suggested by the title of this post.  However, the intention of this post is about the use of trademarks on beer to refuse trademark protection for wineries and vice versa, which is an increasing problem for the growing craft alcohol industry. Recently an Austrailian company, Innvopak… Continue Reading

Anticipating Super Bowl L: A Branding Loser?

Posted in Advertising, Articles, Branding, Famous Marks, Infringement, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Product Configurations, Sight, Trademarks

Now that Super Bowl XLIX is in the rear view mirror, and the New England Patriots have been duly congratulated for winning anything but a Mediocre Bowl, for those of us with no pigskin in the big game this year, it’s time to think about the possible magic of Super Bowl L. Wait what? Is… Continue Reading

The NFL’s Super Bowl Trademark Nonsense

Posted in Advertising, Articles, Fair Use, First Amendment, Infringement, Marketing, SoapBox, Television, Trademark Bullying, Trademarks

It’s that time of year again. Time to tiptoe around and avoid use of or make any reference to the Super Bowl. Whoops. Anyway, we’ve discussed this phenomenon before: Insuring a Great Super Bowl Trademark Fight Fair Use of Super Bowl Trademark? Super (Bowl) Sunday, Ads Coming Soon Advertisers — fearful of NFL legal action… Continue Reading

Could Losing Copyright Protection Be The Key To Ending Stadium Subsidies?

Posted in Articles, Copyrights

– Derek Allen, Attorney – Quentin Tarantino is suing Gawker Media because it leaked his script and Northwestern football players are attempting to unionize in yet another attack on the NCAA  — two stories that would otherwise be right in my wheelhouse — but, it’s Super Bowl week so I’m pretty sure I’m constitutionally required to… Continue Reading

1ST & TEN at the Super Bowl: The Brand You Probably Don’t Know You Know

Posted in Branding, Marketing, Patents, Technology, Television, Trademarks

The NFL is known as a trademark monetizing machine, and this year’s “POT BOWL” is not without its share of trademark stories.   It was recently reported that running back Marshawn Lynch of the Seahawks makes six-figures (for charity) from licensing his BEAST MODE trademark.  Both the Broncos and the Seahawks have battled with Texas… Continue Reading

Super (Bowl) Sunday, Ads Coming Soon

Posted in Advertising, AlphaWatch, Branding, Fair Use, Food, Marketing, Trademarks

Looks like the V Bar at The Venetian Resort, Hotel and Casino, in Las Vegas, is having some sort of function on “Super Sunday” — February 3rd (that date sounds familiar): Here’s a question for those responsible for clearing the ad shown above: Why bother with attempting to invite imagination (especially when the visual aspects require none) by using constrained… Continue Reading