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Tag Archives: Wes Anderson

The Hidden Section 2(f) Claim

Posted in Articles, Guest Bloggers, Mixed Bag of Nuts, Patents, Squirrelly Thoughts, Trademarks, USPTO

-Wes Anderson, Attorney Hello (again) DuetsBlog! Readers may have noted my recent absence from the blog. I recently embarked on a new stage of my career as in-house corporate counsel, and Steve gave me the opportunity to contribute as a guest blogger. Even in my in-house role, I remain a trademark law hobbyist. One of… Continue Reading

Don’t Get TRUMPed By a First-Filer

Posted in Almost Advice, Branding, Infringement, Loss of Rights, Trademarks

-Wes Anderson, Attorney Reading over this story on Donald Trump’s decades of headaches (and conveniently-timed successes) with the TRUMP trademark and the Chinese Trademark Office, I was reminded, as I always am, of the importance of filing federal trademark applications. The examination process for Trump’s marks in China, and the Chinese trademark enforcement regime generally,… Continue Reading

JORDAN v. QIAODAN: The Lessons of Trademark Enforcement in China

Posted in Advertising, False Advertising, Famous Marks, Infringement, International, Law Suits

-Wes Anderson, Attorney Whether or not you agree Michael Jordan is the greatest basketball player of all time, he is certainly well-known. And after an over four-year battle, China’s trademark courts have agreed. Michael Jordan and his JORDAN brand have been a staple of Nike’s shoe and apparel business for over thirty years. Nike so… Continue Reading

For Wrigley Field Street Vendors, It’s Win or Go Home

Posted in Advertising, Branding, Counterfeits, Fair Use, Fashion, Marketing, Trademarks

-Wes Anderson, Attorney The Chicago Cubs are rolling into the playoffs, putting the finishing touches on a historically dominant regular season with over 100 wins. Cubs fans (like me) even dare to dream that the century-plus long championship drought may finally come to an end this fall, if the team can carry its impressive form… Continue Reading

A Faster, Sleeker Milk Jug

Posted in Food, Marketing, Non-Traditional Trademarks, Product Configurations, Taste

-Wes Anderson, Attorney Another for the file of newly-registered product configuration marks: acquired distinctiveness, sold by the gallon. According to 2014 numbers released by the U.S. Department of Agriculture, Americans drink 37 percent less milk than they did in 1970. Whole milk consumption has plummeted by 78 percent during the same period. The dairy industry has spent countless millions… Continue Reading

The Hashtag / Trademark Paradox: #Trending, but #Proprietary?

Posted in Advertising, Branding, Famous Marks, First Amendment, Infringement, Marketing, Social Media, Social Networking

-Wes Anderson, Attorney As the hustle and bustle of the INTA 2016 Annual Meeting drew to a close yesterday, I reflected on the session “#HASHTAGS #EverythingYouNeedToKnow” from Tuesday. It seems trademark protection may not (yet) fit comfortably into the hashtag world. DuetsBlog previously provided a helpful tutorial on the nuts and bolts of hashtags and how they function, particularly on the… Continue Reading

For Trademark Demand Letters, Every Letter Counts

Posted in Food, Marketing, Squirrelly Thoughts, Taste, Trademark Bullying, Trademarks

-Wes Anderson, Attorney It has not been a great week for oatmeal. The Quaker Oats Company (a subsidiary of food and beverage giant PepsiCo), on the heels of a recall for its Quaker Quinoa Granola Bars, has also made a rather embarrassing gaffe on the trademark enforcement front. And unfortunately, demand letters are far more difficult to recall. Evidently, an in-house… Continue Reading

Apple’s Quest for the “Ownable” Mark

Posted in Articles, Marketing, Social Networking, Squirrelly Thoughts, Technology, Trademarks

-Wes Anderson, Attorney No company’s branding strategy is studied more meticulously than Apple, Inc.’s — and of late, Apple has taken a turn for the descriptive with its various operating systems. Every company wants its brands to be distinctive — and the arbitrary APPLE mark is among the most well-known. But its new operating system… Continue Reading

Star Wars: The Missing Fanfare

Posted in Advertising, Audio, Branding, Famous Marks, Marketing, Sound, Trademarks

-Wes Anderson, Attorney A bit belated, but I finally caught a screening of Star Wars: The Force Awakens. Unbeknownst to me, the film was missing a part of the Star Wars experience many fans hold dear. And it’s all about branding. Note: No spoilers of the film itself follow here, unless you consider a discussion of the… 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

Imitating MILANO Cookies? Pepperidge Farm Remembers.

Posted in Articles, Branding, Dilution, Fair Use, Famous Marks, Food, Infringement, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Configurations, Product Packaging, Taste, Trademarks, USPTO

-Wes Anderson, Attorney When a company puts “DISTINCTIVE” on its own packaging, its usually a sign that it highly values its trade dress and product configuration rights. That’s certainly the case for Pepperidge Farm and its Milano cookies. The commercial bakery giant has taken aim at Trader Joe’s, the popular grocery chain, for selling house-branded… Continue Reading

Apple and The World’s Most Public Privacy Policy

Posted in Advertising, Branding, Contracts, Marketing, Search Engines, Technology, Trademarks

-Wes Anderson, Attorney It bears mentioning when one of the world’s most famous brands releases one of the world’s most prominent and readable privacy policies. That’s just what Apple did this week, and the message to other brands is clear – privacy policies can be a massive marketing opportunity, not just an obscure legal nuisance…. Continue Reading

RECOVERY from a Surprise Genericness Refusal?

Posted in Advertising, Almost Advice, Articles, Branding, Genericide, Infringement, Trademarks, USPTO

-Wes Anderson, Attorney Reliant Beverage Co., makers of “Recovery Water,” has an endorsement from Russell Wilson and heaps of buzz surrounding the purported benefits of its products and “nanobubbles,” but thanks to some errors from both Reliant and the PTO, a federal trademark may be out of reach. Reliant applied for the RECOVERY WATER mark back in… Continue Reading

Tastes Like Chicken, Not a Copyright

Posted in Advertising, Branding, Copyrights, False Advertising, Food, Infringement, Marketing, Taste, Trademarks, USPTO

-Wes Anderson, Attorney A common refrain: “There must be a way to protect this idea, either by trademark or copyright.” Regrettably, in many instances, the answer is “none of the above.” Take, for example, the humble chicken sandwich. Late last week, a three-judge panel at the Court of Appeals for the First Circuit upheld a granted motion to… Continue Reading

Sony’s “Lens-Style Camera” Trademark: Shuttered by the PTO?

Posted in Infringement, Non-Traditional Trademarks, Product Configurations, Product Packaging, Technology, Trademarks

-Wes Anderson, Attorney Here’s another fascinating pending application for the file of non-traditional product configuration marks — this time, an application from Sony for the configuration of an all-in-one lens/camera: The drawing may look like an ordinary camera lens – cylindrical, familiar, and generally seen affixed to a fancy DSLR. But the application identifies “Digital… Continue Reading

Beme, or BeHBO / BeShowtime / BePayPerView?

Posted in Advertising, Audio, Branding, Copyrights, Fair Use, Marketing, Social Media, Social Networking

-Wes Anderson, Attorney It has been a tumultuous year for copyright owners. The old cliche is “if you love something, set it free,” but it seems plenty of third parties are happy to take on that task when it comes to copyrighted content. Now that mainstream smartphones allow anyone to capture high definition video, mobile apps in particular… Continue Reading

Fear the Brow, or Fear the Trademark Specimen?

Posted in Advertising, Branding, Famous Marks, Fashion, Infringement, Loss of Rights, Social Media, Trademarks, TTAB, USPTO

-Wes Anderson, Attorney Celebrity has its advantages in the trademark world. Slogans and taglines are big business for famous athletes, which in turn has led to some entertaining trademark applications: JOHNNY FOOTBALL and LINSANITY, to name a couple. As Martha noted in 2012, Anthony Davis sought to capitalize on his distinctive appearance and “The Brow”… Continue Reading

Single-Letter Trademark Battles: Who Gets the W for “W”?

Posted in Advertising, AlphaWatch, Articles, Branding, Fair Use, Infringement, Social Media, Trademark Bullying, Trademarks, TTAB, USPTO

-Wes Anderson, Attorney How much trouble can a double-U make?  If you’ve been following this blog over the years, you know the answer: quite a lot. This blog has written extensively on the trials and tribulations that may accompany single-letter trademark applications, and the letter “W” in particular.  You may then conclude, quite correctly, that… Continue Reading