Recently, a friend and I were watching The Bachelor—I know, I should be ashamed. During one of the commercial breaks, a spot appeared on-screen showing a woman wearing an elegant dress walking through a hallway. She turns into a doorway, and blue, shimmering light projects onto her face, as if she was underwater. A
The Sweet Smell of Registration
Last year we took a whiff of Hasbro’s application to register the smell of its Play-Doh® for “toy modeling compounds.” We didn’t think the application was ripe for a functionality refusal, but a refusal on the ground of a lack of acquired distinctiveness seemed like a certainty.
An Office Action issued on May 26th…
NASCAR Brand Gasoline at a Pump Near You?
With the Strafford Publications webinar later today discussing the Lanham Trademark Act’s “Use in Commerce” requirement, with some of my favorite panelists no less, the topic has been on my mind, even when pumping gas into my rental car in Houston, Texas, this past weekend:
So, what do folks think, does this photograph of…
Trademark a feeling.
–Aaron Keller, Managing Principal, Capsule
How fast are you getting at typing with your thumbs? My high school typing instructor would be so proud of my advancements. I’d say 60 words a minute if I am humming along with an idea of what to write. Not bad, proud to say I am writing…
ABSINTHE MAKERS ARE NOT TOASTING IN SWITZERLAND
Although once illegal in the United States, absinthe can now be consumed in your local bars. It was a favorite drink of writers and artists such as Ernest Hemmingway, Vincent van Gogh, Oscar Wilde and Pablo Picasso. Unfortunately, this green anise-flavored spirit did not fare so well in Swiss Court last week. The Swiss court …
The Smell of Fear
—Aaron Keller, Principal at Capsule
During this time of year there are plenty of fright “experiences” where you can drag a loved one into a heart thumping confrontation of fear. These experiences are elaborately designed and those who attend know the rules, like “this one doesn’t allow the characters to touch you.” Apparently…
Baird on Branding & Trademarks
There aren’t too many things I enjoy more than speaking about the legal implications of branding.
Our friends at BlackCoffee captured a talk I gave to a group of marketing types a while back, on black and white film (thank goodness), and they have graciously posted a 34 minute excerpt, here.
Some of the topics…
Webinar on Non-Traditional Trademarks, Sound, Color, Shape, Scent & More
I’m happy to share with you that on Tuesday February 8, 2011, I’m speaking about one of my favorite topics, non-traditional trademarks, with my friends Linda McLeod of Finnegan Henderson and Stephen Feingold of Kilpatrick Townsend, in a webinar program put on by Strafford Publications, Inc. The webinar begins at 1:00 PM EST and Noon CST.
A Dickensian Portrait of Christmas Day
–Dan Kelly, Attorney
I’ve often thought that copy writers could do worse than to make a close study of some of Charles Dickens’ work. Perhaps too wordy a model for most copy, especially advertising and marketing copy, but he could paint a picture with words.
[T]he people who were shovelling away on the housetops were
Brand Signals: The Building Blocks of Brand Identity
Brands communicate with the world through a series of message delivery systems such as broadcast advertising, web sites, company representatives and product interaction. These systems utilize brand signals to communicate. While these signals commonly take the form of brand names and logos, they can also extend into sight, sound, touch, taste, smell or even action…