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Ola Crapola!

Crapola sounds like something worth saying on the way to Chicago, after discovering the size of your PowerPoint file is too large to get through the recipient’s firewall, and then realizing the USB flash drive containing your...more

4/7/2014 - Brand Generic USPTO

A Picture is Worth a Thousand Words

We continue to anxiously await the Trademark Trial and Appeal Board’s decision in Frito-Lay North America, Inc. v. Princeton Vanguard, LLC, especially given the Board’s recent genericness ruling in Sheetz of Delaware, Inc. v....more

9/27/2013 - Generic Trademark Trial and Appeal Board Trademarks

Millions of False TM Notices to Remove?

A hot dog is a type of sandwich, and “footlong” denotes a type, category, or class of sandwiches (those measuring about a foot in length), making ”footlong” a generic term and part of the public domain – incapable of serving...more

9/9/2013 - Generic Subway Trademarks USPTO

Anatomy of a Trademark Warning Ad

For those attending the HOW Design Live Conference in San Fransisco, you may have noticed the inside cover of HOW’s Special Issue on Interactive Design and Typography, most likely penned by a nervous trademark type...more

6/25/2013 - Generic Trademarks USPTO

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

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 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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