Steve Baird

Steve Baird

Winthrop & Weinstine, P.A.

Contact  |  View Bio  |  RSS

Latest Posts › Brand

Share:

KIND Taglines: About Owning Your Ad Copy?

First things first: Happy 4th of July, Dear Readers! That was a pretty honest, simple, genuine, transparent, straightforward, to the point, not belaboring at all, under any circumstances, my most sincere wishes to our...more

7/5/2016 - Brand Descriptive Trademarks Tagline Trademarks

Yet Another Trademark Based on My?

Love the new bold look of the Mello Yello can, and it’s hard to miss the prominent abbreviation to MY, along with the trademark assertion: This is My World. Actually, as we have written before, there are more than a few...more

4/19/2016 - Brand Coca Cola Food Manufacturers Trademarks

UPS: Word, Acronym or Initialism Trademark?

Life is full of ups and downs. The world of trademarks often tends to mirror life. Yet, for the time being, the USPTO currently recognizes only one brand and mark as living solely on ups...more

3/21/2016 - Brand Popular Trademark Registration Trademarks UPS

On Protecting “My Pillow” as Your Trademark: They Say, When You Make Your Bed, You Might Just End Up Sleeping in It

We had some great questions from the audience during the Mastering U.S. Trademark Registration Practice seminar in Minneapolis a few weeks ago. During the session on genericness, someone asked about MyPillow, expressing...more

3/14/2016 - Brand Inherently Distinctive Trademark Infringement Trademark Registration

Yes, No, and the Ever Confusing Maybe . . .

Yes and no are at opposite ends of the spectrum. North Pole, South Pole. Night and day. Win, loss. Black, white. Available, unavailable. Protectable, unprotectable. Infringing, non-infringing. They represent a binary...more

3/7/2016 - Brand Trademark Application Trademarks

Negative Look-For Advertising Statements

Loyal readers know how important look-for advertising can be in making the difference between establishing trademark ownership in the shape or configuration of a product, and being left with nothing but a goose egg (as...more

2/2/2016 - Advertising Brand Trademarks

How Many Ways Can a Trademark Be, Cool?

To the extent you’re also all about brands and trademarks, and you imagine a trademark story with each brand you might encounter, I suppose there are an infinite number of ways, right?...more

1/18/2016 - Brand Trademarks USPTO

Naming Products and Services With Brands?

Word to the wise, not the best idea to name a product or service by using another’s brand. So, when Duke’s Seafood & Rib Shack restaurant wants to create a name for their bar, permission would be required to use the...more

1/4/2016 - Brand Restaurant Industry Trademarks

On Valuing Cherubs, Cuties, and Halos

Picking up where we left off yesterday discussing brand valuation, I’ve recently taken great interest in the branding of fresh fruits and vegetables — they seem to be the ultimate commodity, a perfectly ripe environment for...more

12/1/2015 - Asset Valuations Brand Commodities

Who Decides What Your Brand’s Worth?

On this Cyber Monday, I’m left wondering, will we ever have a day when the metrics and automated tools available are so accurate and reliable that intangible assets like brands (and trademarks) regularly will be valued,...more

11/30/2015 - Asset Valuations Brand Trademarks

Airline Brand Strategery: It’s Transfarency

Earlier this month Southwest Airlines launched a brand new ad campaign called “Transfarency,” which is said to highlight the airline’s “low-fare credo and its lack of bag fees, change fees or hidden fees for passengers.”...more

10/19/2015 - Brand Inherently Distinctive Lanham Act Southwest Airlines Trademark Registration Transparency USPTO

Ads Touting Function Shoot Down Trademark

This isn’t the first time we’ve written about brand owners who shoot themselves in the foot with their advertising. And, I’m sure it won’t be the last. As we’ve discussed before, touting the function of a product design...more

10/12/2015 - Advertising Brand Functionality Patents Trademark Trial and Appeal Board Trademarks Utility Patents

When Over-Breadth Can Bite You Like a Lynx

While lynx may not be generally known for having a ferocious bite, they do have sharp teeth and I’m sure they can inflict serious pain when they do decide to attack. In the same way, while breadth can be a good thing...more

9/30/2015 - Brand Intent-to-Use Service Marks Trademark Application USPTO

A BrandVerb Uber Alles?

Uber, the popular brand that helps people arrange prompt ground transportation, is now also being called a verb. The Star Tribune recently reported that the founder of iHail, a recent competitor of Uber in the Twin Cities...more

9/21/2015 - Brand Trademarks Uber

The Recycling of Brand Vessels?

Brand signals have been described as meaning vessels before, and vessels of trust too. Does that make a branded product package, container, or configuration a vessel within vessel? The tin cans below that have been...more

9/8/2015 - Brand Coca Cola Recycling Trademarks

Wanted: Brand Deputies at the MN State Fair

The Minnesota State Fair continues to provide endless blog fodder for those who care about intellectual property. Last week, we wrote about a State Fair vendor concerned about its claimed, but unarticulated “intellectual...more

9/4/2015 - Brand Dilution Fair Use First Sale Doctrine Royalties Third-Party Trademark Infringement Trademarks Vendors

Retail Store Branding With a Weak Dollar

It costs dollars to create a brand. It costs dollars to protect a brand. And, it probably costs more dollars to protect an inherently weak brand and mark over a strong one. So, choose wisely....more

8/24/2015 - Brand Dollar General Dollar Tree Marketing Trademarks USPTO

Will Marketing Pitfall Lead to Sand Pounding?

Preparing to send off to college my two oldest sons, led us to Ling & Louie’s Asian Bar & Grill’s rooftop patio on Minneapolis’ Nicollet Mall last week, and we found an interesting menu item. Under the Sandwiches...more

8/17/2015 - Brand Marketing Trademarks

Still Smashing Trademark Rights?

Why does Smashburger continue down this road of smashing its trademark rights? Especially, despite our previous cautions...more

8/3/2015 - Brand Food Manufacturers Marketing Trademarks

Will Starbucks Be a Closer at the USPTO?

We’ll soon see whether coffee truly goes hand in hand with closers, at least in one famous brand owner’s quest for registration of a non-verbal, non-traditional color trademark at the USPTO. I’ve been noticing Starbucks focus...more

7/20/2015 - Brand Color Marks Starbucks Trademarks USPTO

Trademark Grammar, Concerns, and Cliches?

The Minneapolis-St. Paul International Airport is currently running this advertisement from a local law firm highlighting its “Total Partnership” program (BTW, love the website video, linked here):Although the use of the term...more

7/15/2015 - Brand Partnerships Trademarks

Washington’s NFL Team and U.S. Customs

Last week the NFL franchise that plays football near — but not in — our Nation’s Capital, was dealt another significant legal and public relations blow that would have any rational brand owner working overtime on its...more

7/13/2015 - Blackhorse v Pro-Football Brand Counterfeiting Customs and Border Protection Disparagement Native American Issues NFL Professional Conferences Redskins Service Marks Slurs Sports Trademark Registration Trademarks U.S. Customs

Absolut Apologies, Comparisons, Truncations

It has been a while since a billboard campaign has caught my interest and attention, but the currently running Absolut Goes Dark ads are an exception worth noting...more

7/7/2015 - Billboards Brand Trademarks Wine & Alcohol

Going YARD with the VARO Brand for Batters?

Time spent with my boys in Omaha at the College World Series is hard to beat. Although, last year, Father’s Day weekend was hard to beat too. And, the archives indicate five years ago was pretty wonderful as well. Basically,...more

6/22/2015 - Brand Likelihood of Confusion Trademarks USPTO

More Imaginative THANN Other Soap Brands

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

4/28/2015 - B&B Hardware v Hargis Industries Brand Marriott Trademarks Wal-Mart

72 Results
|
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×