Steve Baird

Steve Baird

Winthrop & Weinstine, P.A.

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Latest Posts › Inherently Distinctive


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

Purple-Colored Fabric Tags Attached to Remote Control Found Inherently Distinctive

News flash, last Friday the USPTO approved for publication a non-traditional trademark that I’ve seen in real life before. Let’s just say it is attached to one of our many remote control devices that I’ve had to dig out from...more

6/23/2015 - Inherently Distinctive Roku Trademarks USPTO

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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