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Will #TheDress Impact Color Trademarks?

#TheDress phenomenon is about to shape the future of color trademarks and trade dress rights. You may recall, we have written a great deal on the subject of non-traditional trademark protection of colors, especially...more

Would You Feel Friendly Toward Freddy?

As the brand manager or trademark counsel for Friendly’s, would you be friendly toward Freddy’s? I remember the Friendly’s restaurant chain when we lived in Columbia, Maryland, back in the days when I clerked for a...more

Apple Turnover Trade Dress Totally Flipped

As if we all haven’t already indulged a little too much over the holidays, we chose our first day back to write about non-traditional trademark protection for the configuration of single-serving apple pie pastries. It’s OK,...more

No IP Holes in this Crystal Head

We’ve spilled a lot of digital ink here over the past several years discussing the protection of non-traditional trademarks. We’ve also written about the importance of layering various intellectual property rights (trademark,...more

When is a Flavor/Taste Trademark Possible?

Are your intellectual taste buds craving more discussion of non-traditional trademarks? It’s not every day we have the opportunity to write about a restaurant’s claimed trademark protection for the flavor or taste of certain...more

Will Montana-Based Victory Energize Win Its “Trademark Bully” Charge Against Monster?

Last week more allegations of “trademark bullying” appeared in the headlines. This time, Victory Energize, an energy drink company based in Missoula, Montana, is calling out Monster Energy for sending a cease and desist...more

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

McDonald’s Trade Dress? State Farm is There.

Passing by a roadside billboard recently (below is a miniature version I found in the Minneapolis skyway system), my first thought was, wow, McDonald’s is getting into the juicy lucy business...more

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

Inherently Distinctive Restaurant Interior?

We recently focused our attention on a very unique-looking, dare I say distinctive, retail store exterior design; for a quick reminder, see below. The recent craze for self-serve frozen yogurt shops – where you pay by...more

1/3/2013  /  Brand , Trade Dress
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