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Uncomfortable Medical Advertisements

The colonoscopy has been the butt of jokes among medical procedures for a long time, but it is actually no laughing matter, as the Minnesota Department of Health’s Sage Scopes graphic billboard campaign reveals...more

5/17/2013 - Advertising

The INTA “Trademark Bullying” Straitjacket

This past week I’ve been pondering a question of great importance: When might a straitjacket double as a life vest? The answer actually arrived last Monday during INTA’s “The Ethics of Trademark Bullying” panel discussion at...more

5/13/2013 - Trademark Bullying Trademarks

It’s Raining Fluid Trademarks

So-called “fluid” trademarks are gaining a recent downpour of attention – on Monday INTA wrote about them in the Daily News distributed in Dallas at INTA’s 135th Annual Meeting, it also held a panel discussion on the topic...more

5/8/2013 - Fluid Trademarks Trademarks

Rapala Billboard Ads Continue to Engage

It’s that time of year again. The fishing opener in Minnesota is upon us this coming Saturday, so Rapala is sporting its new billboard advertisement....more

5/7/2013 - Advertising Design Patent Trademarks

OfficeMax’s Rubber Band Ball Brand Symbol

OfficeMax has been sporting its friendly and colorful rubber band ball brand signal on billboard advertising and delivery trucks for some time, but yesterday is the first time I’ve noticed prominent static use of the bouncy...more

5/2/2013 - Marketing Trademarks

The Time Needed to Build a Strong Brand

It’s been a little more than a week, and I still have the FUSE conference on my mind. One of the more entertaining speakers at FUSE was a futurist by the name of Magnus Lindkvist who talked about “The Attack of the...more

4/26/2013 - Business Development Marketing Photographs

Putt-Putt Has No Miniature Trademark Rights

With all the golf coverage of the Masters Tournament and the coveted Green Jacket, this past weekend, it seemed particularly appropriate to report on a recent trademark case involving the miniature variety of golf: Putt-Putt,...more

4/15/2013 - Brand Generic Golf Trademarks

A New Generation of Storytelling: Getting a Grip on The New Pepsi Bottle Design

The importance of “storytelling” seems to be the buzzword lately when it comes to branding communications and decisions. For example, last August Branding Strategy Insider wrote that “Brands Must Master the Art of...more

4/8/2013 - Advertising Brand Marketing PepsiCo

So, I Stand (Happily) Corrected . . . Starbucks

A recent road trip in Texas flagged this roadside sign, depicting a likely famous non-verbal logo, standing all alone...more

3/28/2013 - Logos Marketing Starbucks

Canine Inspired Copyright Confusion?

When we mention confusion on DuetsBlog, we’re typically referring to the well-known likelihood of confusion test of trademark infringement. But today, we’re focused on the apparent confusion many have about the important...more

3/25/2013 - Copyright Infringement Photographs

Armstrong Lanced from Livestrong Identity

Brand New Blog recently reported on the unfortunate, but unsurprising piercing of Lance Armstrong’s name from the logo and visual identity of the Livestrong Foundation...more

3/19/2013 - Brand Lance Armstrong Livestrong Marketing

Minnesota to Own “Trademark Bullies”

Minnesota is positioned once again to take legislative ownership of the ”trademark bullying” debate. Putting aside the serious questions of whether new laws are needed and whether a state as opposed to a federal solution can...more

3/18/2013 - Attorney's Fees Proposed Legislation Trademark Bullying Trademarks

Sheetz Flushing Subway’s Footlong TM Hope?

It has been almost six months since oral argument before the TTAB over the question of whether the word “footlong” is a trademark or a generic name for a type of sandwich. What type of sandwich you ask? One about twice as...more

3/11/2013 - Brand Subway Trademarks

McDonald’s Trade Dress? State Farm is There.

Passing by a roadside billboard recently (below is a miniature version I found in the Minneapolis skyway system), my first thought was, wow, McDonald’s is getting into the juicy lucy business...more

3/4/2013 - Advertising McDonalds State Farm Trade Dress

Crushing a Perfectly Good Brand Name?

Remember how important it is to stay on the right side of the suggestive/descriptive line when it comes to making proper use of a brand name?...more

2/25/2013 - Brand Trademarks USPTO

Monster Cable Ordered to Pay Monster Daddy Attorneys Fees in Meritless Appeal

Techdirt has written extensively about why Monster Cable is considered ”somewhat famous as a trademark bully.” Numerous comments to a TTABlog post reinforce this view....more

2/20/2013 - Appeals Attorney's Fees Monster Cable Monster Daddy Trademark Bullying Trademarks

BAND-AID, TM Death by a Thousand Cuts?

If you were a Band-Aid brand adhesive bandage, and you were cut, would you protect yourself? Brent, sorry I couldn’t help myself, I’m still enjoying your Louis Vuitton waffle-maker post. With that intro, let’s turn...more

2/18/2013 - Band-Aid Brand Genericide Trademarks

The Not-So-Happy Place of Genericness

Restaurant trade dress is possible to own when the claimed trade dress is distinctive and non-functional, think Taco Cabana. Restaurant trade dress can be so unique in the marketplace that distinctiveness is presumed with a...more

2/11/2013 - Generic Infringement Inherently Distinctive Resorts & Restaurants Trade Dress

The Super Bowl XLVII Ads, Our Takes

So, another Super Bowl is now in the books, and another collection of Super Bowl ads has aired. Next time there is a 35-minute delay resulting from a power outage, my vote is to watch more ads instead of watch and listen to...more

2/4/2013 - Super Bowl Television Commercials

Super (Bowl) Sunday, Ads Coming Soon

Looks like the V Bar at The Venetian Resort, Hotel and Casino, in Las Vegas, is having some sort of function on “Super Sunday” – February 3rd (that date sounds familiar)...more

2/1/2013 - Advertising Licenses Logos NFL Super Bowl

NFL Thwarts Ownership of Harbowl TM

As many have written about before me, the NFL is quite protective of its rights in the SUPER BOWL trademark, so much so that some think it has earned the pejorative ”trademark bully” label, so I spilled a little digital ink...more

1/28/2013 - NFL Super Bowl Trademark Bullying Trademarks

Pepsi, No Coke: Branding Nonsense at Work?

Irony is something I enjoy capturing, as you already know, especially when it comes to branding. Take this recent image from my favorite hot dog joint in Grand Rapids, Michigan, Yesterdog...more

1/21/2013 - Brand Coca Cola PepsiCo

Inherently Distinctive Product Packaging?

Earlier this month, we asked whether [yo]gurt(lab) has an inherently distinctive interior restaurant environment? This week, we’re focused on product packaging, and ask whether Spine Vodka has enough meat on the bones...more

1/14/2013 - Inherently Distinctive Product Packaging Trademarks

Supreme Court Upholds Nike’s Promise to “Break the Wrist, and Walk Away”

Not every day does the United States Supreme Court weigh in on a topic impacting the trademark world, but it did so yesterday in Already, LLC v. Nike, Inc., a case illustrating what can happen when a trademark plaintiff wants...more

1/10/2013 - Infringement Lanham Act Nike SCOTUS Trademark Bullying Trademarks

The Soft Underbelly of Turtles Candy: Is the U.S. Trademark at Risk of Genericide?

It has been a while since we’ve added another page to the Genericide Watch, so a little trip to Candyland, the Twin Cities’ local iconic and old fashioned candy shop, didn’t disappoint...more

1/7/2013 - Brand Generic Trademarks USPTO

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