Susan Perera

 –Susan Perera, Attorney

WonkaIt’s hard to believe, but it’s just two weeks away from the parade of pumpkins, witches, and skeletons outside your doorstep.  In anticipation of the upcoming candy-filled holiday, I decided to look into a lingering trademark question – what came first, the Willy Wonka candy company or Willy Wonka & the Chocolate

–Susan Perera, Attorney

Last week on Marketplace on NPR, there was an interesting story regarding a FDA crackdown on the beauty industry, particularly on cosmetic companies who have begun to market their cosmetic products using drug-like claims.  (Marketplace audio provided below.)

The FDA appears to be concerned about these “cosmeceuticals” which do more than just

–Susan Perera, Attorney

Last week Jim Hammerand at the Minneapolis/St. Paul Business Journal reported on locally based Buffalo Wild Wings (also known as “B-Dubs”) ending its lawsuit against Buffalo Wings & Rings, the suit had included claims of trademark and trade dress infringement.

It appears that under the terms of the settlement agreement, Buffalo

–Susan Perera, Attorney

Just announced yesterday, Minneapolis based Malt-O-Meal has changed its name to MOM Brands.

Malt-O-Meal which has been making cereal for almost a century, manufactures private label brands for a multitude of grocery retailers (as well as their own lines of hot and cold cereal and oatmeal) and today stands as one of

–Susan Perera, Attorney

Last year I had a running discussion on color trademarks.  I blogged about the issues surrounding the protection of a color as a non-traditional trademark, the impact of industries clustering around a particular color, and the concern that functionality may impede protection of a color trademark.  Need a refresher? Check here,

–Susan Perera, Attorney

I find it very interesting how personal perception of a brand name can influence us and I sometimes wonder how much thought is given to brand names when they are chosen. Sure, large companies can, and often do, hire naming specialists who study and create names that will appeal to the masses,

–Susan Perera, Attorney

Christmas came and went, and here in Minnesota it was a bit brown and depressing looking outside. If only it would snow…

Sigh.

However, if you listen carefully you might hear it… no, it’s not the reindeer, but maybe some “listen for” advertising?

This holiday season I’ve seen a few too many Lexus commercials that sound to me like “listen for” advertising for a possible sound mark.  At least four variations of this commercial came out this holiday season.

On multiple occasions we have discussed “look for” advertising as a means for creating a connection between your non-traditional trademark and a particular good or service, and these ads seem to be a modification of that idea.

Even LexusVehicles, who uploaded this video to YouTube wrote: “when you hear that song, you know it’s time for the Lexus December to Remember.”   I haven’t located any federal applications for a sound mark by Lexus, but we’ll see what the new year brings.

View some of the other versions after the jump.Continue Reading Can you hear it?