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Will Chick-fil-A, uh Chicken Out?

Just so you know, this is not the post I planned to write today. Hat tip to you, Bo! It has been exactly one year since Bo Muller-Moore — the “Eat More Kale” guy from Vermont — submitted a comprehensive 71-page...more

9/9/2014 - Chick-Fil-A Trademarks USPTO

A Less Possessive Hershey’s Brand?

The possessive form of the Hershey’s brand dates back to at least as early as 1894, according to U.S. Reg. No. 54,041 – a more than 100 year old trademark registration from 1906....more

9/3/2014 - Brand Hersheys Trademarks

Another Real Lulu: Anatomy of an Affidavit

On Tuesday of this week, we discussed the trademark infringement case filed by Lulu’s Market & Deli against Lulu’s Public House (depicted above), here is a link to a pdf of the Complaint. As you will recall, we...more

8/29/2014 - Grocery Stores Infringement Injunctions Restaurant Industry Trademarks

A Real Lulu of a Trademark Infringement Case

It’s that time of year again, the Minnesota State Fair is here, and trademark issues abound, again....more

8/26/2014 - Trademark Litigation Trademarks

I’m Gumby Dammit — A Flexible Trademark?

The Minnesota History Center is currently promoting its Toys of the ’50s, ’60s and ’70s exhibit — my favorite promotional billboard is the one captured above, featuring none other than Gumby....more

8/18/2014 - Trademark Trial and Appeal Board Trademarks USPTO

Monkey See, Monkey Do Selfie?

Is photography nowadays really so easy even a monkey can do it? What about a caveman? If Wikimedia is right, the caveman would own a copyright in his selfie (or perhaps Geico, under the work for hire doctrine)...more

8/8/2014 - Copyright Photographs

Trademark Pronunciation Revisited

Remember this little gem on trademark pronunciation from the DuetsBlog archives two years ago? - Open Wide and Say Ahh: Probing Brand Name & Trademark Pronunciation Judging from a search of Google, the JD Supra...more

8/6/2014 - Brand CAFC Trademarks

SHARKNADO Trademark: Toothless Wonder?

In case you missed SHARKNADO last year, fear not, the sequel SHARKNADO 2 — The Second One, is taking the country by storm, and it is reportedly even better than the first SHARKNADO film. Not having seen either, I’m not sure...more

8/1/2014 - Entertainment Industry Merchandising Rights Movies Sharknado Trademarks USPTO

Harley-Davidson Booze Coming Soon?

With the 74th Anniversary of the famous Sturgis Motorcycle Rally less than a week away, it seemed like a good time to check in on recent Harley-Davidson trademark activity at the USPTO....more

7/28/2014 - Brand Harley-Davidson Popular USPTO

Dethroning a Right to Register a Trademark?

Last month, you will recall we wrote about the important difference between the right to register a trademark and the right to use a trademark...more

7/15/2014 - Infringement Likelihood of Confusion Registration Trademarks USPTO

Description of a Trademark with the USPTO

Continuing our discussion — from yesterday and the day before – about the description of a mark provided to the USPTO during the registration process, the below images from two unrelated federally-registered, non-verbal logos...more

7/11/2014 - Trademarks USPTO Written Descriptions

Pepsi Gets Grip on MLB All-Star Extravaganza

How cool is it to have the MLB All-Star Game and related events, right here in Minneapolis? Very. As the advertisement shows, Pepsi is playing a large role in the event, as the “Official Soft Drink” of the MLB All-Star...more

7/10/2014 - Advertising MLB PepsiCo Popular Trademarks USPTO

Apple’s Word Count for Non-Verbal Branding

A picture is said to say a thousand words, and ironically that is almost literally and exactly true when it comes to Apple’s focus on non-verbal icon branding....more

7/9/2014 - Apple Brand Trademarks

ED Ads: Humor From Across the Pond

On this last day of the month, we are shedding almost all seriousness to stand at attention while examining some recent London taxi cab humor — from the perspective of Lloyds Pharmacy – about treating the affliction of...more

7/1/2014 - Advertising Television Commercials UK

IP Solicitation Scams on the Rise

In recent months, an increasing number of companies have reported receiving official-looking intellectual property notices and solicitations. These fraudulent solicitations may take the form of invoices, renewal notices, or...more

7/1/2014 - Copyright Fraudulent Inducement Patents Popular Solicitation Trademarks USPTO

Trademark Disparagement Kills the R-Word

My father-daughter time was wonderful in London when the news hit about the USPTO ordering cancellation of the six ”Washington Redskins” trademarks as disparaging to Native Americans....more

6/20/2014 - Blackhorse v Pro-Football Disparagement Football Laches Native American Issues NFL Redskins Registration Trademark Act Trademark Trial and Appeal Board Trademarks USPTO

Do You Love Paris Too, New York?

Shopping with my daughter this past weekend on the Avenue des Champs-Élysées in Paris, on the way to the Arc de triomphe, we spotted this shop selling “I ? Paris” merchandise...more

6/16/2014 - Trademarks

Rubber Hits the Road: Rust-Oleum Trademark Case Leaves TTAB for Minnesota Federal Court

Lately we’ve been discussing more and more the difference between the right to register a trademark and the right to use a trademark. In many trademark disputes the perfect forum for an amicable resolution is the Trademark...more

6/10/2014 - Trademark Litigation Trademark Trial and Appeal Board Trademarks USPTO

Gia Nother Wine Bottle Trademark

Combing through the USPTO’s recently approved non-verbal trademark registrations revealed this little gem with Francis Ford Coppola’s name on the label (but not claimed as part of the mark)...more

6/9/2014 - Coppola Infringement Trademarks USPTO Wine & Alcohol

(Just) the Right to Register a Trademark

Every so often there is a moment when trademark types, marketing types and brand owners need to pay close attention to where the law could be headed. Today, I’m sounding the alarm....more

6/5/2014

A Consequence of Curious Cursive TM Script

Let’s suppose you’ve been asked to search and clear the name of a bar, without seeing the design mark in the upper right and lower left hand corners of the photo below (from a recent trip to Boston)...more

6/2/2014 - 187 Trademark Searches Trademarks

Owning a New Look Through Advertisements

We’ve spilled a lot of digital ink on the importance of “look for” advertising when a brand owner wants to legally own a non-traditional trademark like a single color, or perhaps the shape of a product, or even product...more

5/27/2014 - Advertising Brand Trademarks

What’s In Your Wallet, a Cafe?

Since 2000, Capital One Financial — the nation’s largest direct bank – has been promoting its credit card services by asking What’s in Your Wallet? Three years later it began promoting banking and other financial services...more

5/19/2014 - Banks Brand Capital One Financial Products Marketing Trademarks USPTO

Debbie Millman Interviews Seth Godin

(The) INTA was not in the cards this year, as Hong Kong would have been a very long flight, and besides, Boston (Strong) prevailed instead, to feed my insatiable hunger for creative inspiration at HOW Design Live 2014....more

5/14/2014 - Business Development Law Practice Management Professional Development Young Lawyers

Fair Use of GM’s Corvette Stingray?

While filling up my gas tank at our local Costco last week I coudn’t resist capturing this photo of pump signage to ask our dear readers a few pointed questions...more

5/12/2014 - Advertising Costco Fair Use General Motors Marketing Trademarks

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