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Tag Archives: Verbing

Hamm It Up? The Latest Brand to Verb It Up!

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

It’s been a little while since the last example we’ve shared showing a brand turning its face, or a blind eye, on age-old rigid trademark advice, counseling against using a brand name as a verb. Given the more common trend of many alcoholic beverage brands focusing attention and their messaging on drinking responsibly, MillerCoors has made… Continue Reading

We can Keep Googling the GOOGLE Mark: Supreme Court Denies Cert

Posted in Famous Marks, Genericide, Mixed Bag of Nuts, Search Engines, Trademarks

Many of us have been eagerly waiting to see whether the Supreme Court would consider Google’s potential genericness. As Martha explained, the case began in 2012, after petitioners Chris Gillespie and David Elliot attempted to register hundreds of web domains that included the word “Google” together with a variety of different people, products, and brands… Continue Reading

Yes, No, and the Ever Confusing Maybe . . .

Posted in Articles, Branding, Genericide, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, SoapBox, Squirrelly Thoughts, Trademarks

Yes and no are at opposite ends of the spectrum. North Pole, South Pole. Night and day. Win, loss. Black, white. Available, unavailable. Protectable, unprotectable. Infringing, non-infringing. They represent a binary proposition, like a traditional light switch with two settings: on and off. My daughter loves the yes end of the spectrum; no, not so… Continue Reading

A BrandVerb Uber Alles?

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

Uber, the popular brand that helps people arrange prompt ground transportation, is now also being called a verb. The Star Tribune recently reported that the founder of iHail, a recent competitor of Uber in the Twin Cities market, would like to achieve the same anointed status: “I want iHail to become a verb, just like… Continue Reading

Googling Doesn’t Break Google Trademark

Posted in Articles, Famous Marks, Genericide, Law Suits, Loss of Rights, Trademarks

Our friend Professor Eric Goldman, over at his Technology and Marketing Law Blog, reported earlier this week that the Google trademark has survived a genericness attack by a fellow named David Elliot. Here is a link to Mr. Elliot’s complaint filed in Arizona federal court back in May of 2012, and here was Martha’s coverage…. Continue Reading

Canine Inspired Copyright Confusion?

Posted in Agreements, Contracts, Copyrights, Infringement, Marketing, Social Networking, Trademarks

When we mention confusion on DuetsBlog, we’re typically referring to the well-known likelihood of confusion test of trademark infringement. But today, we’re focused on the apparent confusion many have about the important question of: When copyright protection comes into being. If you ever have wondered whether something is or has been “copyrighted,” this post is for… Continue Reading

A Trademark Spinning Out of Control?

Posted in Almost Advice, Articles, Branding, Genericide, Loss of Rights, Marketing, Trademarks

With the upcoming 2012 presidential election, this is the time during our American political cycle where spinning is almost a sport — at least an expected activity. Puns intended, as you’ll see. Over the last several years, I’ve heard my wife speak about “spinning classes” at a local health club (mind you, not at the local political party caucuses) — so, a… Continue Reading

Lacking Credibility

Posted in Almost Advice, Branding, Genericide, Loss of Rights, Marketing, Trademarks

I’ll have to say, I really enjoyed Aaron Keller’s guest post from yesterday. In addition to the valuable insights he provided, it got me thinking about some perhaps unrelated, but parallel topics of likely interest to legal and marketing types. Aaron wrote about the importance of a brand being honest with itself and others. He expressed the need… Continue Reading

Webinar: Hot Marketing Topics with Trademark & Legal Implications

Posted in Branding, Genericide, Guest Bloggers, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Trademarks

Last week I had the distinct pleasure of participating in a ninety-minute webinar with my good friend, frequent and eloquent guest-blogger on DuetsBlog — Aaron Keller of Capsule — complete with some friendly banter on the following: "Hot Marketing Topics with Trademark and Legal Implications." Minnesota Continuing Legal Education has generously provided a link where the webinar can be viewed in its entirety, here. As you’ll… Continue Reading

Visa Branding: A Combined Alpha & Brand Verbing Alert

Posted in AlphaWatch, Branding, Marketing, Trademarks

We have been following the truncation trend to single-letter branding symbols for some time now. Visa appears to be heading in this direction with the relatively new V logo:                                                                              Based on trademark filings at the USPTO, it appears Visa began using this single-letter V logo by itself back in 2008 with the launch of a… Continue Reading

When You Verb Your Trademark, You Know What?

Posted in Advertising, Branding, Genericide, Loss of Rights, Marketing, Television, Trademarks

Well, perhaps more than just about every trademark use guideline in existence, including those offered by the International Trademark Association (INTA) ("NEVER use a trademark as a verb"):  (television commercial link on Youtube here) Maybe because you have been following the trademark verbing dialogue here on DuetsBlog and you have learned all about Managing The Legal Risk of… Continue Reading

Riding the Brandverb Wagon Without a Seat Belt

Posted in Branding

I heard a radio spot the other day for Milwaukee, Wisconsin-based department store retailer Kohl’s: "The More You Know, The More You Kohl’s." Apparently not a new example of brandverbing, yet it continues, despite the ridicule of being called  "The Absolute DUMBEST Slogan Ever," enduring grammatical criticism from at least one employee, facing a federal… Continue Reading

This is How You Verb Your Brand

Posted in Branding

Recovering from a nasty bout of walking pneumonia over the last couple of days, I probably spent more time (at least, mindless time) in front of the television than the last several months combined. One thing that caught my eye during a brief and surprisingly mindful moment while I suffered was another brand to recently jump on the brandverb… Continue Reading

How Realistic is the Risk of Trademark Genericide?

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

The Grand Marshal in the Parade of Horribles, at least for some trademark types, is the one who forbids any deviation from the absolute "rule" against using brand names and trademarks as nouns or verbs, a standard "rule" commonly found in trademark use guidelines (only permitting the use of trademarks as adjectives). As I have written about previously, these "rules"… Continue Reading

Can You Rollerblade On K2 Brand In-Line Skates?

Posted in Mixed Bag of Nuts

These kinds of signs — that appear to single out Rollerblade brand in-line skate loyalists — are all over the place. This one happens to be in the parking garage I use in downtown Minneapolis. To understand why the Rollerblade brand may find itself in this perilous position, read on, here. For some additional reading on the related question of verbing brands, take a… Continue Reading

IP Grammar . . . and Those Who Cringe About It

Posted in Mixed Bag of Nuts

             Last September, in my blog post entitled "What Does Trademarked Mean to You?," I wrote: More than a few trademark types cringe when their clients or others say things like "let’s trademark it," "they didn’t trademark their logo," or "we don’t want to trademark this name," and, when they ask questions like "is it trademarked?"… Continue Reading