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A Consequence of Curious Cursive TM Script

Let’s suppose you’ve been asked to search and clear the name of a bar, without seeing the design mark in the upper right and lower left hand corners of the photo below (from a recent trip to Boston)...more

6/2/2014 - 187 Trademark Searches Trademarks

Owning a New Look Through Advertisements

We’ve spilled a lot of digital ink on the importance of “look for” advertising when a brand owner wants to legally own a non-traditional trademark like a single color, or perhaps the shape of a product, or even product...more

5/27/2014 - Advertising Brand Trademarks

What’s In Your Wallet, a Cafe?

Since 2000, Capital One Financial — the nation’s largest direct bank – has been promoting its credit card services by asking What’s in Your Wallet? Three years later it began promoting banking and other financial services...more

5/19/2014 - Banks Brand Capital One Financial Products Marketing Trademarks USPTO

Debbie Millman Interviews Seth Godin

(The) INTA was not in the cards this year, as Hong Kong would have been a very long flight, and besides, Boston (Strong) prevailed instead, to feed my insatiable hunger for creative inspiration at HOW Design Live 2014....more

5/14/2014 - Business Development Law Practice Management Professional Development Young Lawyers

Fair Use of GM’s Corvette Stingray?

While filling up my gas tank at our local Costco last week I coudn’t resist capturing this photo of pump signage to ask our dear readers a few pointed questions...more

5/12/2014 - Advertising Costco Fair Use General Motors Marketing Trademarks

Eat More Walleye?

It’s that time of year again, the Minnesota fishing opener is upon us this weekend, so Rapala is sporting its new billboard in the Twin Cities metro area, as shown below...more

5/5/2014 - Advertising Fishing Industry Marketing Trademarks USPTO

Pretzel Crisps Genericness Decision Appealed

A couple of months ago you will recall that the USPTO’s Trademark Trial and Appeal Board (TTAB) held ”Pretzel Crisps” generic for pretzel crackers... ...It appears the TTAB’s decision will not be the final word on the...more

4/28/2014 - Generic Trademark Trial and Appeal Board USPTO

Beretta, (No) Thank You Very Much . . . .

Apparently Elvis Presley was a well-known Beretta gun owner during his life, so I suppose his lips might have uttered the words “Beretta, thank you very much.” The King’s estate, however, isn’t thankful about an Elvis-themed...more

4/18/2014 - Beretta Elvis Presley False Advertising Marketing

Why “Hours of Energy Now”?

Tim, after shopping at Costco over the weekend, the reason why the 5-Hour Energy folks seem so interested in owning “Hours of Energy Now” became more apparent...more

4/14/2014 - 5-Hour Energy Brand Trademarks

Calling Non-Traditional Trademarks By Name

Things that are worth talking about need names. Good, distinctive names are best. As you may recall, last year we wrote this about non-verbal logos needing names...more

4/14/2014 - Automotive Industry Toyota Trademarks USPTO

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

Anticipation . . . But, Heinz is Not Keeping Melinda’s Habanero Ketchup Waiting

Last month Heinz, a brand “synonymous with ketchup throughout the world,” and a seller of “650 million bottles of Heinz ketchup each year,” brought a federal trademark infringement and dilution lawsuit in Texas to enforce...more

4/4/2014 - Brand Dilution Heinz Infringement Trademarks

Twilight Trademark Trial Now on Horizon

Another father-daughter trip to Bath & Body Works (BBW) this past weekend revealed that his and her Twilight Woods personal body care products are still available for sale...more

3/31/2014 - Trademark Litigation Trademarks

Swoosh & Striped Shoes?

A little over a year ago, I pondered about whether anyone might be confused into believing Nike and Adidas had teamed up, given this shoe display...more

3/24/2014 - Adidas Brand Nike

Droning On and On, About A Trademark?

Months after Amazon’s recent media ploy, drones continue to capture news headlines. Hours ago, an AP story ran, suggesting that the Federal Aviation Administration’s present ban on commercial drones will result in global...more

3/17/2014 - Amazon Drones Trademarks

Victoria’s Secret Defends Dream Angels?

How important is the DREAM ANGELS brand to Victoria’s Secret? Victoria’s Secret has a robust portfolio of federally-registered trademarks to protect the DREAM ANGELS sub-brand for undergarments and a line of personal...more

3/10/2014 - Lanham Act Patent Trial and Appeal Board Retailers Trademark Litigation Trademarks USPTO Victoria Secret

Packaging that Kills (a Trademark)

Killer packaging is a good thing. It can increase sales and establish a stronger emotional bond between the consumer and the product brand. The current packaging of Snack Factory’s Pretzel Crisps pretzel crackers might...more

3/3/2014 - Product Packaging Trademarks

Ice Bar or V Bar on Ice?

On my last trip to Las Vegas, I captured these photos at the so-called ”Ice Bar” located in the Golden Nugget in downtown Vegas (for my digital scrapbook of trademark storytelling)...more

2/27/2014 - Logos Trademarks

Single Color Trademark Developments

Over the past five years, we have spilled a lot of black digital ink discussing trademark ownership of single colors. Color continues to be an important aspect of branding and differentiation in a variety of markets,...more

2/24/2014 - Color Marks Lanham Act Trademarks

Inventing a Generic Category Name

MillerCoors is currently running this Lite Beer ad, promoting the limited edition original can, and taking credit for inventing the light beer category, way back in 1973....more

2/17/2014 - Brand MillerCoors Trademarks

Opening Pandora’s Box?

At the risk of opening up the infamous box, what do you think of the crown logo atop the Pandora sign in the Las Vegas airport?...more

2/11/2014 - Brand Logos

Bungle in the Beer Tapper Jungle?

The Sports Bar in the Mirage Resort & Casino, located in Las Vegas, Nevada, is currently sporting a pretty interesting collection of tap beers, from left to right: Bud Light, Goose Island Honker’s Ale, Stella Artois,...more

2/10/2014 - Brand Breweries Design Patent Lanham Act Non-Traditional Trademark Protection Trade Dress Trademarks Wine & Alcohol

The Mediocre Bowl and Interspersed Ads?

With all the hype and chirping leading up to The Big Game, as one of the many who didn’t have a “horse” in the race, as someone just looking to enjoy an exciting and competitive game, I’ll borrow Richard Sherman’s infamous...more

2/4/2014 - Super Bowl

Here’s Another D-Word

Here is a blast from the past: The D-Word: What Ever You Do, Don’t “Describe” Your Brand! And, here is something a little more recent that I found on a recent business trip to Las Vegas...more

1/21/2014 - Brand Trademarks

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

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