Steve Baird

Steve Baird

Winthrop & Weinstine, P.A.

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Latest Posts › Inherently Distinctive

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Crisps = Chips = Crackers?

Seeing these on the store shelf this weekend reminded me that we are still anxiously awaiting the USPTO’s decision from the Trademark Trial and Appeal Board (TTAB) as to whether the words “pretzel crisps” will be found...more

1/14/2014 - Inherently Distinctive Trademark Opposition Proceedings Trademarks USPTO

A New Test for Trademark Suggestiveness

Let’s call it the Family Feud test of trademark suggestiveness . . . We’ve written a lot here about the all-important Spectrum of Distinctiveness, a key tool for those who name products and services, and for those who...more

7/24/2013 - Brand Inherently Distinctive Marketing Suggestive Marks 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

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

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