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Category Archives: Technology

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“Hook and Loop” Meet Chutes and Ladders

Posted in Articles, Branding, Genericide, Loss of Rights, Marketing, Technology, Trademarks

Nearly everyone in the IP community is talking about the hilarious viral Velcro music video released last week. Hat tip to Patently-O, Martha, and Brett. The “behind the scenes” video is here. We’ve spoken before about nervous trademark types, behind the scenes doing their level best, and taking steps to try to avoid unwanted genericide of… Continue Reading

“Let’s Play:” DMCA Takedown Notices and Game Developer Acquiescence

Posted in Copyrights, Fair Use, Infringement, Mixed Bag of Nuts, Technology

There is an entire gaming sub-culture developed around watching others play video games.  I’m not talking about gathering around the Game Cube in your friend’s basement and passing the only controller.  “Let’s Play” videos are game play videos made by players and posted or streamed online.  The videos usually include the players’ own running commentary,… Continue Reading

PayPal v. Pandora: Is Music Streaming Related to Financial Services?

Posted in Branding, Dilution, Famous Marks, Infringement, Law Suits, Mixed Bag of Nuts, Technology, Trademarks

PayPal, one of the world’s largest online payment companies, has brought a trademark infringement suit against Pandora Media, Inc., the provider of an online music streaming service and application. PayPal alleges that its blue “PP” design mark (below, left) is infringed by Pandora’s recently re-designed blue “P” design mark (below, right). The complaint alleges federal claims of false designation… Continue Reading

The Missing Apple Trademarks

Posted in Articles, Branding, Famous Marks, Marketing, Squirrelly Thoughts, Technology, Trademarks

-Wes Anderson, Attorney Far be it from me to criticize a company hoarding over $250 billion in cash reserves – but, hey Apple, why aren’t you filing trademark applications? Perhaps no company’s IP portfolio is of greater interest to the general public than Apple, Inc.’s colossus. (If you disagree, find me another website dedicated solely… Continue Reading

April Thanksgiving for Ron’s March Accolades

Posted in Articles, Branding, Famous Marks, Mixed Bag of Nuts, Technology, Trademarks

Imagine my surprise as I was scanning some recent posts from some of the leading IP blogs — multitasking while watching the Zags beat South Carolina on Saturday evening — to find my brand name in the title of Ron Coleman’s recent post on his famous Likelihood of Confusion blog: “Steve Baird makes trademark blogging… Continue Reading

Amazon’s Latest Trademark Battle: A Race Against “Chime”

Posted in Infringement, Law Suits, Marketing, Technology, Trademarks

Last month, Amazon Web Services (“AWS”) announced a new application, Amazon Chime, for online meetings, including video and voice conferencing, chat, and screen sharing. Amazon Chime will compete against a crowd of other well-established products with similar services, such as GoToMeeting, Cisco WebEx, and Skype. Just two weeks after Amazon Chime was announced, on February 22, AWS was… Continue Reading

Wawa Not Gaga Over Dawa?

Posted in Almost Advice, Branding, Contracts, Dilution, Fair Use, Famous Marks, Food, Genericide, Idea Protection, Infringement, Law Suits, Look-For Ads, Marketing, Technology, Television, Trademark Bullying, Trademarks

Earlier this month, Wawa, an East Coast convenience store chain, demonstrated it is not gaga over a single location food mart (copy of complaint linked here), called Dawa: As Dawa has vowed to defend its name, will this case come down to a battle over the meanings of the marks? Do consumers really know and… Continue Reading

Your Favorite App-Based Ride Service?

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

Before you answer the question posed in the title of this post, your initial question might be: What is an App-Based Ride Service? The Minneapolis St. Paul International Airport is using a handy sign directing passengers on where to go to access their favorite one, does that help? I’m thinking the designated area in the… Continue Reading

Federal Cannabis Laws Don’t Impede Patentability

Posted in Agreements, Patents, Technology, USPTO

While the Lanham Act bars the federal registration of trademarks related to illegal goods and services, there is no such prohibition against patenting illegal products or processes. However, the value of such patents is debatable. State Legalization Leads to Increased Patent Applications Marijuana is now legal, in some form, in 25 states. But under federal… Continue Reading

Zero Tolerance #USOC Trademark Overreach

Posted in Advertising, Articles, Branding, First Amendment, International, Law Suits, Marketing, Social Media, Social Networking, Technology, Trademark Bullying, Trademarks

By way of follow-up to Tim’s and David’s recent discussions about Rio2016 and related U.S. Olympic Committee trademark enforcement issues, it appears that a local Minnesota carpet cleaning business called Zerorez, is poised to press the issue of the USOC’s overreaching trademark policies by asking the federal district court in Minnesota to confirm it may… Continue Reading

Pokemon GO or Pokemon No?

Posted in Contracts, Technology

Unless you’ve been living under a Geodude this past month, you’ve no doubt been exposed (either willingly or unwillingly) to some part of the current social media/mobile gaming sensation, Pokemon GO.  Niantic’s new “catch ’em all” treasure hunting mobile game is lighting up Charmander tails across the globe with approximately 75 million downloads and roughly 25 million… Continue Reading

A $10 Billion Idea, without a Patent, is just an Idea

Posted in Copyrights, Idea Protection, Infringement, Law Suits, Loss of Rights, Patents, Technology

Have you ever seen an ad for something and thought to yourself, “Hey, I had that idea years ago!” Some people take that thought a step further. One Florida man claims to have invented the iPhone in 1992, and is suing Apple to the tune of over $10 billion. Thomas Ross filed a patent application… Continue Reading

Lights, Camera…Now Take Action

Posted in Fair Use, Guest Bloggers, Idea Protection, Infringement, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts, Technology, Television

– Jason Sprenger – President, Game Changer Communications Imagine for a moment you’re back in the year 1963…the time of Mad Men, the beginning of Beatlemania, the year of the “I Have a Dream” speech.  Who’s the most trusted man in America?  You might be surprised that it wasn’t Martin Luther King Jr., or even the… Continue Reading

A Missed Step in Branding Fitness Trackers?

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

I’ve been wearing one of these little guys on my wrist for almost a year now. Love it. The personal awareness it raises for me in the areas of sleep, diet, and activity, has been profound. Can’t tell you how many times folks have asked, “Is that one of those fit bits?” “Nope,” I sometimes… 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

Mine?

Posted in Branding, Copyrights, Fair Use, Law Suits, Technology

Recent developments have brought to the forefront the ongoing debate about what rights, if any, gamers should have or own in their online personas or in the contributions that they make to games through their gameplay contributions (i.e. is the participation by the player an act of “authorship”)? On April 7, 2016, Mike Futter at Game Informer reported that Blizzard… Continue Reading

LARPing with Patent Trolls

Posted in Counterfeits, Dilution, Fair Use, False Advertising, First Amendment, Mixed Bag of Nuts, Patents, Social Media, Social Networking, Technology, Trademark Bullying

Live Action Role Playing (LARP or LARPing) usually involves Renaissance Festival worthy costumes, foam medieval weapons, and an intense dedication to not breaking character.  I can’t say I’ve ever had the privilege of participating in a LARP event, but I also can’t say I’d turn down the opportunity. A different kind of battle—the intellectual property… Continue Reading

Social Media and Jurors

Posted in Civil Procedure, Copyrights, Law Suits, Search Engines, Social Media, Social Networking, Technology

Social media impacts every facet of life and is often discussed in DuetsBlog posts. Courts are now having to address social media issues in connection with jurors. A federal judge in California is considering banning the use of social media altogether in a copyright case before him brought by Oracle America, Inc. against Google, Inc…. Continue Reading

Social Media as a Platform for Thought Leadership: Tips and Tricks from a Marketer

Posted in Guest Bloggers, Mixed Bag of Nuts, Social Media, Social Networking, Technology

–Shayla Thiel Stern, Ph.D., Senior Digital Strategist, Fast Horse When Steve Baird asked me to appear as part of an intellectual property law panel to discuss the use of social media as a vehicle for thought leadership, I have to admit that I was both intrigued and intimidated. After all, I know next to nothing… Continue Reading

Carlos Santana is Everywhere

Posted in Copyrights, Fair Use, Infringement, Law Suits, Mixed Bag of Nuts, Social Media, Technology

Seeing Carlos Santana this weekend while watching the Super Bowl with friends reminded me about the recently filed copyright infringement suit against BuzzFeed. You might be thinking, “that was Chris Martin of Coldplay, not Carlos Santana, who played the Half Time show.” However, I am referring to Mr. Santana’s revamping of the theme song for… Continue Reading

Negative Look-For Advertising Statements

Posted in Advertising, Almost Advice, Articles, Branding, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Sight, Technology, Trademarks

Loyal readers know how important look-for advertising can be in making the difference between establishing trademark ownership in the shape or configuration of a product, and being left with nothing but a goose egg (as opposed to a Big Green Egg). That’s not to say, the clunky words “look-for” are required, yet something equivalent and… Continue Reading

iPhone 6, Can You Say Nominative Fair Use?

Posted in Advertising, Articles, Branding, Fair Use, Marketing, Technology, Trademarks

We cover a lot of topics related to nominative fair use of trademarks, see here, here, and here for some of those discussions. Does the example below on product packaging from J. Crew qualify for fair use of the iPhone 6 mark? The International Trademark Association would say so: “In general, the following uses are… Continue Reading