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Category Archives: Television

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Mission Popsicle: Telling You It’s a Brand?

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

Welcome to another edition of Genericide Watch, where we consider brands on the edge, working hard to maintain brand status and exclusive rights, while trying to avoid trademark genericide. The primary meaning to the relevant public decides genericness, so trademark owners will try to influence how consumers understand the word, to maintain at least 51% brand meaning. As we’ve written… Continue Reading

Can a YouTube Video Invalidate a Patent? It’s Certainly Possible

Posted in Articles, Audio, Infringement, Law Suits, Patents, Search Engines, Squirrelly Thoughts, Technology, Television, USPTO

One of the most common defenses to patent infringement is that the asserted patent is invalid. The reasons for invalidity regularly range from lack of utility, to incorrect inventorship, and even to fraud (as I’ve recently written about). Often, the defendant asserts that the patent is invalid for lack of novelty or non-obviousness–pointing to some… Continue Reading

Registration of a Very Personal Brand Name

Posted in Advertising, Articles, Branding, Marketing, Mixed Bag of Nuts, Search Engines, Social Media, Social Networking, Television, Trademarks, USPTO

How much do I believe in federal registration of trademarks and brand names? Well, this much: I’ve always been a big fan of practicing what you preach. Actually walking the talk. Not just talk. That mindset helps explain why we stuck with the suggestive name of this blog, even after the experts recommended against it several times, for SEO and… Continue Reading

Carvana and Google: Co-Branding Nirvana?

Posted in Advertising, Agreements, Articles, Branding, Contracts, Fair Use, Marketing, Television, Trademarks

Carvana — online car dealer and operator of “a higher state of car buying” — sports a halo in its non-verbal logo shown above, but is it an angel when using the Google name and logo in t.v. ads? In other words, is the use licensed by Google or could it be defended successfully without permission as trademark nominative fair use?… Continue Reading

When Does My Pillow Become Your Windfall?

Posted in Advertising, Agreements, Articles, Branding, Goodwill, Infringement, Keyword Ads, Marketing, Television, Trademarks

Mike Lindell, has built an impressive business around a pretty simple brand name and trademark: We’ve previously written about the MyPillow trademark, noting the apparently narrow scope of rights it enjoys, as a result of the coexistence with some pretty similar marks, including this one: Earlier this year, My Pillow filed a complaint in federal district court in… Continue Reading

Familiarity Breeds Content, or The Power of Fait Accompli

Posted in Advertising, Almost Advice, Guest Bloggers, Look-For Ads, Marketing, Television

–James Mahoney, Razor’s Edge Communications Awhile ago, I wrote about how casting decisions almost always make someone cranky. Lately I’ve been seeing lots of commercials that speak to the flip side of the crankiness factor. Creative teams are always on the lookout for ways to connect with the zeitgeist. Most of the time, if you see… Continue Reading

Talk to Chuck, Trade Like Chuck, or Chuckit?

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

A recent advertisement caught my ear because it involved financial services offered by a guy named Charles Hughes a/k/a Chuck Hughes and the catchy marketing phrase Trade Like Chuck: It instantly reminded me of a piece I wrote in 2010 called: Exposing Two-Face Brands. One of the branding truncation examples I wrote about there noted… Continue Reading

007 Strikes Again

Posted in Famous Marks, Infringement, Law Suits, Social Networking, Television, Trademarks

The producer and promoter of the James Bond movies Danjaq, LLC has filed an opposition to the intent-to-use application for the mark “.007%” with the United States Trademark Trial and Appeal Board (“TTAB”).  You may have seen some of the 007 movies, including: Dr. No (1962); From Russia With Love (1963);Goldfinger (1964); Thunderball (1965); You… Continue Reading

Dilly Dilly, Minnesota Vikings Going to Philly

Posted in Advertising, Articles, Branding, Food, Marketing, Television, Trademarks, USPTO

Wow, words don’t and could never describe the emotions behind the last ten second fourth-quarter TD and Vikings win over the New Orleans Saints — Who Dat Nation — last night in Minneapolis: Hat tip on the title, to a lubricated fan leaving U.S. Bank Stadium after the game — the whole Dilly Dilly thing seems kind… Continue Reading

We Are Farmers…Dum Da Dum…

Posted in Advertising, Articles, Guest Bloggers, Keyword Ads, Look-For Ads, Marketing, Mixed Bag of Nuts, Television

–James Mahoney, Razor’s Edge Communications Admit it, when you saw the headline, many of you finished the jingle featured in Farmers Insurance TV commercials. Farmers has a great campaign going. Geico has a good campaign going. Both are entertaining. First, Farmers: Their “Hall of Claims” series, developed by RPA, showcases weird situations that Farmers has paid… Continue Reading

Rosland Drops “What’s in Your Safe” Tagline?

Posted in Advertising, Articles, Branding, Marketing, Television, Trademarks, USPTO

Cause and effect is difficult to establish when all the relevant facts have not been assembled. We certainly don’t claim to have all of them here, with Rosland Capital’s current TV commercial. But, it was easy to wonder about timing, after noticing William Devane’s omission of the previous “What’s in Your Safe?” tagline in favor of “Are You Safe?” — especially given… Continue Reading

Branding Stories Around The Lack of Memory

Posted in Advertising, Articles, Branding, Marketing, Squirrelly Thoughts, Television, Trademarks, USPTO

I’ve been meaning to write about a TV commercial for a while, but I keep forgetting to do it. Perhaps I need the very product being advertised in the commercial, because what gained my attention was the clever tagline following the brand name: Prevagen. The Name to Remember. Given the goods being sold, it struck… Continue Reading

Claim Is Gone With The Wind At Death

Posted in Articles, Law Suits, Loss of Rights, Mixed Bag of Nuts, Television

Two time academy award winner Olivia de Havilland seeks an expedited trial for the lawsuit involving her right of publicity.  Olivia de Havilland, DBE v. FX Networks, et al, BC667011 (Superior Ct. Calif., June 30, 2017). The urgency is needed because Ms. de Havilland’s statutory right of publicity ceases at her death.  She is currently… Continue Reading

3:16 as a Trademark?

Posted in Articles, Branding, Fashion, First Amendment, Marketing, Mixed Bag of Nuts, Television, Trademarks, Truncation

Over the weekend, IPBiz reported that WWE (World Wrestling Entertainment) has filed an application to register 3:16 as a trademark for clothing items. A Google search confirms that 3:16 has religious significance as it is a common truncation that signifies one of the most widely quoted verses from the Bible, namely, John 3:16. Despite other… Continue Reading

The Toughest Challenge in Market Communications

Posted in Advertising, Branding, Famous Marks, Guest Bloggers, Marketing, Television

–James Mahoney, Razor’s Edge Communications Two of the most important elements of communicating with target markets are to make relevant arguments and to make them memorable. Most of the time, these simple goals are difficult to meet because of the clutter of competing voices in the marketplace. Yet, there’s a third element that is at… 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

A Tipping Point For Super Bowl Advertisements?

Posted in Advertising, Almost Advice, Branding, Guest Bloggers, Look-For Ads, Marketing, Mixed Bag of Nuts, Product Packaging, Social Media, Television

-Mark Prus, Principal, NameFlash Name Development I was largely unimpressed with the crop of Super Bowl ads this year. It seemed to me that advertisers have chased “form over function” and have forgotten that when you spend $5 million for a 30-second ad you should probably sell some product to offset that cost. There were… Continue Reading

Fictional restaurant wins trademark battle: The Krusty Krab

Posted in Infringement, Mixed Bag of Nuts, Squirrelly Thoughts, Television, Trademarks, USPTO

Who lives in a pineapple under the sea? If you know the answer to that theme-song question, you’ve probably seen, or at least heard of, the popular cartoon SpongeBob SquarePants. It is one of the highest-rated and most-watched animated series to air on television. Many of us, myself included, grew up watching it on Nickelodeon since the early 2000s (or… Continue Reading

Such a Nasty Trademark

Posted in Mixed Bag of Nuts, Social Media, Television, Trademarks, USPTO

After the last presidential debate, the Republican nominee’s “such a nasty woman” utterance led to somewhat of a rallying cry.  Within minutes, #Nastywoman was trending across social media, and streaming of Janet Jackson’s “Nasty” spiked 250% on Spotify. While many debated the societal and political implications of the comment, a few enterprising individuals recognized a… 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

The March Madness Road Trip Returns

Posted in Advertising, Branding, Marketing, Mixed Bag of Nuts, SoapBox, Squirrelly Thoughts, Television

It’s that wonderful time of year again, March Madness! When families, friends, and coworkers all get together to casually gamble and all throw $10 into a pool. When 12’s beat 5’s and mess up your bracket. When you lose one game and are sent packing. The few weeks when “Cinderella” is uttered most throughout the… Continue Reading