DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Wal-Mart

Specific Non-Commitment

Posted in Advertising, False Advertising, Marketing

–Dan Kelly, Attorney I have generally enjoyed Geico’s commercials over the years, having gone so far at one point as to actually become an auto-insurance customer (but not currently).  Geico’s commercials can be viewed on its website here, and the vast majority of them end with the same tagline–one that I have heard frequently enough… Continue Reading

A Longer, Unnecessary Name for the Volvo Brand?

Posted in Advertising, Audio, Branding, Fair Use, Marketing, Trademarks

Someone who is in the business of repairing Volvo brand automobiles has the right to say so, in advertising, and elsewhere — without obtaining advance permission from Volvo — provided consumers aren’t likely to understand the advertisement or communication to mean that the repair services and/or the business providing them is authorized by, affiliated with, or otherwise connected to… Continue Reading

iPad, the Latest Brand Bait?

Posted in Advertising, Branding, Dilution, Fair Use, Famous Marks, Infringement, Marketing, Product Configurations, Sight, Trademarks

Putting aside, for now, the unsettled question of who currently owns the iPad trademark, and Dan’s perspective on Apple’s trademark clearance strategies, from last week, look at what our finely-tuned e-mail spam filter just snagged: It is a similar story to my previous Free Dell XPS Laptop Spam Scam? blog post from last December. Here, however, the Apple, iPad, and the (possible) iPad configuration… Continue Reading

Is Wal-Mart Giving Away Free $1,000 Gift Cards?

Posted in Advertising, Branding, Fair Use, Infringement, Marketing, Trademarks

Same drill as yesterday. Another email spam scam? More trademark fair use abuse? Is it just me, or is the branded email spam coming out of the virtual woodwork, or what? It appears that spam email — complete with fully branded solicitations — is becoming more and more aggressive, both from legal and technology perspectives. We… Continue Reading

When Bucking A Trend Makes Sense

Posted in Advertising, Almost Advice, Branding, Marketing, Product Packaging, Trademarks

Under Consideration’s Brand New Blog has on two recent occasions commented about the trend in using white as the color for product packaging of consumable goods. Wal-Mart was the first to use this color packaging for its private label brand and the European community appears to be following suit. Using a white background has its marketing… Continue Reading

Touch Trademarks and Tactile Brands With Mojo: Feeling the Strength of a Velvet, Turgid, Touch Mark?

Posted in Advertising, Branding, Food, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Smell, Sound, Taste, Touch, Trademarks

Let’s revisit the topic of non-traditional "touch" trademarks today. Of all the traditional five human senses (sight, hearing, taste, smell, and touch) and trademarks that can be perceived by one or more of those senses, touch, a/k/a tactile, a/k/a texture trademarks are just about as uncommon as any (taste, perhaps, being the least common). Indeed, back in 2006, Marty Schwimmer from The Trademark Blog… Continue Reading

Mommy Bloggers Mean Business

Posted in Advertising, Branding, Marketing

— Karen Brennan, Attorney Mommy Bloggers are an ever-growing group of women, estimated to number well into the millions, connecting over the Internet and sharing stories, tips and information relating to all aspects of motherhood.  There is no doubt Mommy Bloggers are impacting the on-line advertising and marketing world.  BusinessWeek recently ran an article dedicated to… Continue Reading