In typical DuetsBlog tradition, here is Rapala’s 2015 billboard for the fishing opener, albeit a few weeks late.
I’ll have to admit, I like the telescoped Minnocchio word, and the consistent graphic display from past...more
The last time I was at the airport I snapped this photo showing how Subway finally appears to have dropped its use of the TM symbol in association with the word FOOTLONG: As you will recall, Subway had attempted to...more
It has been a while since I’ve seen a billboard in the Twin Cities worth writing about, but this one engaged my attention. Let’s hope for more as our weather turns for the better.
It appears the Minnesota Department of...more
Move over likelihood of confusion, there is another sheriff in town, at least when it comes to looking for guidance on best practices and strategic considerations for a brand owner’s clearance, registration, protection and...more
On a recent trip to the Washington, D.C. area, I had the opportunity to stay at the Bethesda North Marriott Hotel & Conference Center, and I’ll have to say, as a trademark type, it was difficult to avoid being drawn to their...more
As it turns out, four days after Easter, the USPTO refused registration of the Big Green Egg’s claimed exclusive rights in the shape and color of its popular barbecue smoker and grill...
As you may recall, last September we wrote about Coca-Cola’s Significant Interest in Zero Marks, discussing Coca-Cola’s defense of a trademark infringement suit brought by an individual named Mirza Baig, who claimed rights in...more
We’ve been spilling a lot of digital ink lately on the topic of non-traditional trademark protection and how the functionality doctrine serves as an absolute bar for such protection.
As you know, for some time, we’ve...more
Last week, while I was preparing for and had the unique opportunity of arguing a real, live TTAB final hearing on the merits, outside the TTAB’s typical oral hearing location (because it was selected by the TTAB to be part of...more
Continuing our ramp up toward the launch of our Strategies for Owning Your Product Designs webinar next week, I’ve been thinking a lot about the Morton-Norwich factors — the common analysis for determining whether a product...more
Welcome to another edition of newly filed configuration trademark applications at the USPTO, here is the latest; it is quite a specimen:
The question for the day though is whether the claimed mark actually functions...more
#TheDress phenomenon is about to shape the future of color trademarks and trade dress rights.
You may recall, we have written a great deal on the subject of non-traditional trademark protection of colors, especially...more
As our friend John Welch reported last week, the place to be on March 10, 2015, is Washington, D.C., at the 25th Annual “PTO Day,” sponsored by the Intellectual Property Owners Association: John will be part of the panel...more
Samsung appears to be the most recent brand to board the brandverbing bandwagon with its Galaxy Note 4 advertising campaign, asking the critical question: Do You Note?
Samsung has federally-registered in the U.S. the...more
As our loyal readers know, we love bringing non-traditional trademarks within your sights for consideration, even if they’re hanging from the ceiling, so here’s another to explore...more
Let’s suppose you’re a non-profit like the NRA, you sell stuff on your NRAstore.com, and you’d like to promote the fact that your website has over 30 product demonstration videos available that can easily be viewed online by...more
Now that Super Bowl XLIX is in the rear view mirror, and the New England Patriots have been duly congratulated for winning anything but a Mediocre Bowl, for those of us with no pigskin in the big game this year, it’s time to...more
As the brand manager or trademark counsel for Friendly’s, would you be friendly toward Freddy’s?
I remember the Friendly’s restaurant chain when we lived in Columbia, Maryland, back in the days when I clerked for a...more
It’s that time of year again. Time to tiptoe around and avoid use of or make any reference to the Super Bowl. Whoops. Anyway, we’ve discussed this phenomenon before...more
For those of you who have been with us since the beginning of this wonderful collaboration of legal and marketing types, known as DuetsBlog, you also know we have a mascot dubbed Duey — he’s depicted in the squirrel graphic...more
Unless you have created a highly stylized, distinctive, graphic representation of a generic designation, perhaps something like the Miller Lite script, don’t bother trying to own or enforce it:
Most likely, you’ll...more
We’ve spilled a fair amount of digital ink discussing the power of non-verbal logos, especially the few iconic ones that can truly stand alone as silhouettes and need no color or words to convey their unique singularity...more
Once upon a time, and for decades thereafter, trademark fraud claims were highly disfavored. They were criticized as unproductive litigation diversions — “often pled,” but “rarely proven.”...more
As if we all haven’t already indulged a little too much over the holidays, we chose our first day back to write about non-traditional trademark protection for the configuration of single-serving apple pie pastries. It’s OK,...more
Every now and then it’s worth checking in at the USPTO to see what’s cooking in the world of non-traditional product configuration trademarks:
As it turns out, the Big Green Egg is seeking to be more than a word mark —...more