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
Exponential Growth in the New World of Social Media
This post is not about candy bars or thoughts about whether the cross-section of a candy bar may function as a trademark, for that, see here.
This brief post is about a 100 Grand Super Size thank you to all of our readers, those who submit comments, those who offer suggestions, those who follow
Non-Traditional Trademarks Revisited: Feel Me, Touch Me
Tommy has a lot to offer in advancing the recognition of certain kinds of non-traditional trademarks, especially touch marks. Yes, The Who’s tune from the Tommy Soundtrack “See Me, Feel Me / Listening to You” repeats these lyrics over and over: “See me, feel me, touch me, heal me.”Continue Reading Non-Traditional Trademarks Revisited: Feel Me, Touch Me
Touch Trademarks and Tactile Brands With Mojo: Feeling the Strength of a Velvet, Turgid, Touch Mark?
Let’s revisit the topic of non-traditional “touch” trademarks today.
Of all the traditional five human senses (sight, hearing, taste, smell, and touch) and trademarks that can be perceived by one or more of those senses, touch, a/k/a tactile, a/k/a texture trademarks are just about as uncommon as any (taste, perhaps, being the least common). Indeed, back in 2006, Marty Schwimmer from The Trademark Blog correctly noted the dearth of recognized tactile marks. Moreover, despite a 2006 INTA Board of Directors’ Resolution supporting the protection of touch marks, few appear to have reached for or grabbed any such protection (putting aside Kimberly-Clark, already blogged about here).
As arguably one of the most intimate of the senses: ‘Touch is the first sense developed in the womb and the last sense used before death.” Given that and given other unique characteristics of “touch” among the senses, it is a bit surprising that touch marks haven’t been pursued more by marketers looking to create intimate, emotional connections with a brand: “Another distinction of the sense of touch is that it is identified with the real. You can’t believe your eyes, nor your ears, and taste is personal and subjective, but touch is proof.” By the way, since touch/tactile/texture marks are so uncommon, why can’t we agree on what to call them? For what its worth, my vote is to call them “touch” marks since that is the term that names the underlying basic human sense.
Anyway, with that background, as far as I can tell, the one industry that seems to show the most promise or, at least, interest in touch trademarks, is the alcoholic beverages industry, most particularly those companies that focus on selling distilled spirits or wine.
Celebrate Your Freedom to Use Cheesy (ahem, Leafy) Puns
–Sharon Armstrong, Attorney
With Independence Day just around the corner, perhaps it is time to reflect on some of the freedoms that we enjoy by residing in the land of purple mountains majesty. Freedom of speech? Check. Freedom of assembly? Check. Freedom to use other people’s trademarks, the very basis from which their brands spring, in descriptive and/or non-source identifying ways? Check.
The doctrine of fair use in trademark law can be a great freedom (or a great bane) depending on which side of the doctrine one falls – user or trademark owner. Although there are two branches of fair use – descriptive and nominative – for all intents and purposes, the non-owner user of a trademark may successfully meet the criteria for fair use of a mark provided that he shows he’s not using the mark to identify his source of goods and services.Continue Reading Celebrate Your Freedom to Use Cheesy (ahem, Leafy) Puns
Discriminating Palettes
–Sharon Armstrong, Attorney
I submit that when a multi-million dollar study finds that one of the “core aromas” of one of the top-selling wine varietals in the world consists of one of the foulest smells known to man AND a winery seizes the day to incorporate said core aroma into a distinctive brand name,
Barrel O’Fun Bags ‘Red Hot’ Chip Fight
As you may recall, three weeks ago, I posted about what appeared to be the makings of a “Red, Hot, Chip Fight” between Old Vienna and Barrel O’Fun Snack Foods, over Barrel O’Fun’s use of “Red Hot Ripple” and other elements of trade dress claimed by Old Vienna (see here for my prior post
Snack on This One: A Red, Hot, Chip Fight
Minneapolis is the chosen venue for a brand new legal food fight, one involving potato chips.
Putting aside for the moment that the proper test of trademark infringement is not based on a side by side comparison of products (unless, of course, they are encountered that way in the real world, as opposed to the
But, is it Really Guinness?
–Sharon Armstrong, Attorney
It’s not even noon and I’ve already received e-mail forwards containing a fair share of leprechaun-themed tomfoolery, some of it quite enjoyable. And, as it does every year, the question of whether Guinness tastes better and/or different in Ireland than it does elsewhere has resurfaced.
I confess I’m not much of
The Paradox of Brand Protection: Knowing When to Hit the Consumer Over the Head
I often remind branding professionals that trademark law rewards their creativity. Some seem to perk up with this subtle encouragement. After all, everyone likes to be rewarded, right? Well, one of the unobvious rewards for creativity comes in the prompt timing of when trademark ownership begins. Being able to own and enjoy exclusive rights on