From time to time, I post squirrelly thoughts. Today, I wonder: Should a large company with famous, distinct trademarks sometimes hold back from aggressively enforcing those trademarks, even when doing so might at first appear to be a useful competitive strategy? I’m sure many executives at McDonald’s–the worldwide fast-food chain that it is so ubiquitous
— Jessica Gutierrez Alm, Attorney
Trademark enforcement, particularly in an age of social media and internet shaming, is tricky business. Some brands (I’m looking at you, Louis Vuitton) seem to have enough market share to ignore the social backlash from their heavy-handed demand letters. But companies that lack that kind of brand power
Over the years, we’ve written much about trademark bullying. When the mantle fits, and when it doesn’t. When a brand has a realistic view of its rights, and when the claimed scope is bloated.
We’ve never before written about “Ruby Tuesday,” neither the Rolling Stones’ song nor the struggling restaurant chain
If you’re still looking for holiday gift for that special someone, the Second Circuit has your back. Fresh off the docket, the Second Circuit gave its blessing to My Other Bag’s line of parody canvas tote bags. For additional background, you can read our discussion of the District Court’s grant of summary judgment to the
— Jessica Gutierrez Alm, Attorney
In the wake of our 49th Super Bowl (er, “The Big Game”), it seems the Seahawks are not only making headlines with their last minute calls, but also with their IP strategies.
Over the past couple of years, the Seahawks have filed for registration of several marks, including
– Abby V. Reiner, Brand Director, Wounded Warrior Project
Fine (red) Lines
Nonprofits walk a fine line between wanting everyone to feel a part of the mission without allowing everyone to use its trademarks resulting in dilution or infringement of the brand. Sometimes the very well intentioned can do more harm than good. When a
– 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
– Derek Allen, Attorney –
I just finished reading Chuck Klosterman’s I Wear the Black Hat, a book that deals with what we mean when we call someone a villain. By covering examples as diverse as Joe Paterno, Bernhard Goetz, O.J. Simpson, N.W.A., and Chevy Chase, the ultimate conclusion of the book is that
As Chick-fil-A enters the Twin Cities market, it has begun another creative billboard campaign touting the “End of Burgerz — Koming Soon,” with no sign of the “Eat Mor Chikin” campaign, as of yet anyway. Bo Muller-Moore of Vermont — owner of the “Eat More Kale” trademark — probably would prefer that the
This past week I’ve been pondering a question of great importance: When might a straitjacket double as a life vest? The answer actually arrived last Monday during INTA’s “The Ethics of Trademark Bullying” panel discussion at the 135th Annual Meeting in Dallas, Texas.
In so many words, our good friend and wise guy