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Category Archives: Trademarks

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Is a Wellness Brand Vaped by Nicotine?

Posted in Advertising, Articles, Branding, FDA Approval, Law Suits, Marketing, Trademarks

Juut, an award-winning salon and spa founded in Minneapolis, has grown over the last 30 years, expanding into Arizona and California, with a focus not only on beauty, but health and wellness. Juut was founded by David Wagner (author of Life as a Daymaker — How to Change the World by Making Someone’s Day), naturally the Juut name means: “to uplift humanity… Continue Reading

UGG Is Not Synonymous With A Type of Boot

Posted in AlphaWatch, Branding, Dilution, Famous Marks, Fashion, Genericide, Idea Protection, Infringement, International, Law Suits, Marketing, Patents, Trademarks

The popular UGG® branded sheepskin boots are at the heart of a dispute in the Northern District of Illinois. Deckers Outdoor Corp. (“Deckers”) owns 29 federal registrations for the trademark UGG in connection with numerous goods and services, including footwear, clothing, wallets, passport covers, plush toys and retail store services. The company also has four… Continue Reading

Creative Brand Protection II — A Picture Book

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

Another Creative Brand Protection event is in the books, thanks to our incredible panel of experts: Karen Brennan, Senior Director, Intellectual Property, Best Buy Anne Hall, Technology Strategy Manager-Life Sciences, University of Minnesota Aaron Keller, Co-Author: The Physics of Brand; Co-Founder Capsule Design Tim Sitzmann, Trademark and Brand Protection Attorney, Winthrop & Weinstine Their insights… Continue Reading

The Potential Folly of Pursuing Only a Hashtag Mark

Posted in Articles, Branding, Fair Use, Infringement, Mixed Bag of Nuts, Squirrelly Thoughts, Trademarks, TTAB, USPTO

Credit: Local Solutions I write today regarding a squirrelly thought: are the benefits of registering a hashtag trademark almost always outweighed by the consequences? In light of a recent Trademark Trial and Appeal Board (“TTAB”) ruling and the Trademark Manual of Examining Procedure’s (“TMEP”) provisions, hashtag marks offer much less protection than traditional character-based marks,… Continue Reading

Wine Spectator v. Weed Spectator – Is Wine Related to Cannabis?

Posted in Dilution, Infringement, Mixed Bag of Nuts, Trademarks

M. Shanken Communications, publisher of Wine Spectator — a popular magazine, website and mobile application that offers wine ratings on a 100-point scale — has filed a lawsuit against California-based Modern Wellness, Inc., based on that company’s use of “Weed Spectator” for ratings of cannabis. The federal complaint, filed in New York, alleges claims including trademark infringement,… Continue Reading

If Only HoneyCrisp Was an Apple Trademark

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

Yeah, we usually mean this Apple, when we spill digital ink, not today, instead the edible varieties: Hat tip to Erik Pelton who tweeted about the federal registration of LUDACRISP for fresh apples. We know something about non-ludicrous trademark protection for apples > First Kiss and Rave. They are newly minted brands for the MN55 Apple, a cross… Continue Reading

New NFL Season, New Trademark Fights

Posted in Branding, Goodwill, Infringement, Social Media, Trademarks, TTAB

As we move into Week 2 of the NFL, the big clash in North Country is Sunday’s Green Bay Packers – Minnesota Vikings game. All the buzz is whether the second-coming-of-Favre Aaron Rodgers will prevail over the vaunted Vikings defense. But here in my trademark bubble, I’m more interested in the Jacksonville Jaguars versus former… Continue Reading

Time for a Pillow Fight?

Posted in Advertising, Branding, Look-For Ads, Non-Traditional Trademarks, Product Configurations, Product Packaging, Trademarks

Like many new parents, my wife and I own a Boppy® infant support pillow.  Examining the packaging, I noticed an excellent example of “look-for advertising:” Typically, look-for advertising is part of a campaign to build consumer recognition of a product design to a level where it can support a claim of “acquired distinctiveness,” that is,… Continue Reading

Scandalous/Shocking Trademark Applications

Posted in Articles, Branding, First Amendment, Marketing, Trademarks, USPTO

Erik Brunetti is not one step closer to being able to federally-register his vulgar and scandalous FUCT trademark for clothing; his portfolio of applications remain log jammed (here and here): So, scandalous trademark applications are still on hold at the U.S. Trademark Office, since the government is now asking for the Supreme Court to reverse… Continue Reading

Budweiser and Jim Beam on the Same Team

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

In April, news broke that two iconic alcohol brands were joining forces to create a remarkable new beer: Jim Beam Budweiser Copper Lager. Fruit of the joint labor is now available for consumption: The unique combination doesn’t appear destined to fall flat, as in the early days since launch, it seems to be attracting even… Continue Reading

‘O’ Stands for Oklahoma, Ohio, Oprah…

Posted in Articles, Branding, Fair Use, Famous Marks, Law Suits, Marketing, Mixed Bag of Nuts, Sight, Squirrelly Thoughts, Trademarks, USPTO

As Steve blogged earlier this week, we’ve had a lot of “zero” on the mind lately—marks related to the word and numeral. It got me thinking about the letter ‘O,’ especially since it has been in recent trademark news. If you missed it, The Ohio State University and Oklahoma State University are now dueling it… Continue Reading

How to Master the Patentese of Trademarks

Posted in Almost Advice, Articles, Branding, Marketing, Trademarks, USPTO

Since launching almost ten years ago, we’ve focused on helping and guiding marketing/branding professionals, as we seek to facilitate their graceful collaborations with trademark professionals. Our approach has strived to deliver valuable information, without the typical jargon and legalese. It seriously borders the obvious to say that folks who connect with us here know the… Continue Reading

After Battles for Fees, Victory for Comic Con and (partially) Grumpy Cat

Posted in Agreements, Articles, Civil Procedure, Famous Marks, Infringement, Law Suits, Product Packaging, Sight, Trademarks

The battle for attorneys’ fees after an intense trademark dispute often leaves many prevailing parties empty handed. This is because the Lanham Act only provides for attorneys’ fees in “exceptional cases.” Congress’s (and courts’) reluctance to award attorneys’ fees stems from the “American Rule,” which provides that each party to a lawsuit is responsible for paying… Continue Reading

No What? ZERO Means 0 and 0 Means ZERO!

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

Taking our discussion about Coke Zero a little further than Monday’s discussion, is it any wonder that “zero” stands for nothing, none, nada, when it comes to calories, given icons like this one: In other words, it doesn’t and it can’t hold trademark significance for calorie-free, no-calorie, or zero-calorie food products and beverages, and spelling out “0” as ZERO… Continue Reading

LOL? Why Is P&G Seeking Registration of Three-Letter Acronyms for Soap?

Posted in Branding, Mixed Bag of Nuts, Trademarks, USPTO

Procter & Gamble (P&G) has filed federal trademark applications to register several well-known (at least among millennials) acronyms used in text messages, including LOL (laughing out load); NBD (no big deal); WTF (what the f***); and FML (f*** my life). The applications identify cleaning products, including liquid soap, dish detergents, surface cleaners, and air fresheners. P&G’s products… Continue Reading

Coke Opening ZERO Genericness Floodgates?

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

We’ve been writing about the COKE ZERO trademark for nearly a decade now, noting in 2014: “[I]t will be worth watching to see whether the [TTAB] finds that ‘ZERO’ primarily means Coke or just a soft drink having ‘no calories, you know, a drink about nothing . . . .’” Turns out, in May 2016, Coke obtained a favorable… Continue Reading

Battle Over Trademark in NOLA

Posted in Articles, Civil Procedure, Dilution, Fair Use, Famous Marks, Food, Infringement, Law Suits, Marketing, Trademarks, USPTO

The trademark ST. ROCH MARKET is at the heart of a dispute in New Orleans (aka NOLA).  The City of New Orleans is battling in court with the current lessee of the building associated with the trademark. ROCH MARKET has been associated with a popular market in New Orleans since 1875. Prior to Hurricane Katrina,… Continue Reading

Cat Calling Attention to Women’s Footwear?

Posted in Advertising, Articles, Branding, Fashion, Marketing, Trademarks, TTAB, USPTO

When ideas from different realms converge in a single moment of time, a new blog post is born. “Catcalling” — albeit a rebranded, reimagined, or redefined version of it — recently has been front and center in a political Twitter storm and remains a lightning rod in the non-stop news cycle. So, imagine my surprise also to see the sturdy Cat… Continue Reading

Billy Goats, Trademark Twins, and the Descriptive Limits of Language

Posted in Advertising, Articles, Branding, Food, Infringement, Law Suits, Mixed Bag of Nuts, Squirrelly Thoughts, Trademarks

I’ve been thinking about the nature of language lately, ever since I listened to a podcast about various philosophers who devoted their study to language. For example, Ludwig Wittgenstein, one of the most influential philosophers of the twentieth century, is famous for his work on the logic of language. A fundamental premise to his philosophy is that… Continue Reading

Update: MOMACHA Triples Down, Expanding Despite Infringement Claim

Posted in Almost Advice, Infringement, Trademarks

Earlier this year, the Museum of Modern Art in New York City, known as “MoMA,” sued a cafe and art gallery, MoMaCha, also located in New York City, asserting claims of trademark infringement, trademark dilution, and unfair competition. As discussed in my post a couple months ago, although MoMaCha has some well-founded arguments and defenses, the allegations… Continue Reading

Will Mr. Wonderful Become a TM Nutcracker?

Posted in Articles, Branding, Food, Marketing, Mixed Bag of Nuts, Trademarks, USPTO

Two months ago, our attention seized on a nutty and woefully deficient USPTO examination of a trademark application to register — Mr. Wonderful — for roasted nuts, and nut-based snack foods, among other food products, given the prior WONDERFUL trademark rights owned by these folks: Just like clockwork, events now appear to be playing out as expected,… Continue Reading

Color Marks: Looking for Look-for Advertising

Posted in Articles, Branding, Look-For Ads, Marketing, Non-Traditional Trademarks, Product Packaging, Sight, Trademarks, USPTO

These lime green building sites caught my eye and jogged my trademark memory. First, the future home of the University of Iowa College of Pharmacy, at beam signing, on May 4, 2018: Second, the expansion of the Metro Transit headquarters near downtown Minneapolis, on June 12: Of course, the obviously common element of both building sites, besides… Continue Reading

No Gold TM Stars for This Red Star Brand!

Posted in Advertising, Almost Advice, Articles, Branding, Food, Loss of Rights, Marketing, Product Packaging, Trademarks

As I’ve been known to do long before now, this past weekend I found myself gazing intently, this time, into the front label and back copy on this S. Pellegrino sparkling natural mineral water bottle: Putting aside the question of the shiny red star logo, which we already have bloviated about, here, a few years… Continue Reading