Coca-Cola settled on its famous contour bottle design almost 100 years ago, in 1916, after several years of trials with other far less distinctive shapes (at least under today’s standards)...more
This past week I’ve been pondering a question of great importance: When might a straitjacket double as a life vest? The answer actually arrived last Monday during INTA’s “The Ethics of Trademark Bullying” panel discussion at...more
So-called “fluid” trademarks are gaining a recent downpour of attention – on Monday INTA wrote about them in the Daily News distributed in Dallas at INTA’s 135th Annual Meeting, it also held a panel discussion on the topic...more
It’s that time of year again. The fishing opener in Minnesota is upon us this coming Saturday, so Rapala is sporting its new billboard advertisement....more
OfficeMax has been sporting its friendly and colorful rubber band ball brand signal on billboard advertising and delivery trucks for some time, but yesterday is the first time I’ve noticed prominent static use of the bouncy...more
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
Minnesota is positioned once again to take legislative ownership of the ”trademark bullying” debate. Putting aside the serious questions of whether new laws are needed and whether a state as opposed to a federal solution can...more
It has been almost six months since oral argument before the TTAB over the question of whether the word “footlong” is a trademark or a generic name for a type of sandwich. What type of sandwich you ask? One about twice as...more
Remember how important it is to stay on the right side of the suggestive/descriptive line when it comes to making proper use of a brand name?...more
Techdirt has written extensively about why Monster Cable is considered ”somewhat famous as a trademark bully.” Numerous comments to a TTABlog post reinforce this view....more
If you were a Band-Aid brand adhesive bandage, and you were cut, would you protect yourself?
Brent, sorry I couldn’t help myself, I’m still enjoying your Louis Vuitton waffle-maker post.
With that intro, let’s turn...more
As many have written about before me, the NFL is quite protective of its rights in the SUPER BOWL trademark, so much so that some think it has earned the pejorative ”trademark bully” label, so I spilled a little digital ink...more
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
Not every day does the United States Supreme Court weigh in on a topic impacting the trademark world, but it did so yesterday in Already, LLC v. Nike, Inc., a case illustrating what can happen when a trademark plaintiff wants...more
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
With the constant stream of news reporting about the impending “fiscal cliff,” how can there be no U.S. federal trademark filings containing those two terms, at the moment anyway?...more
So, last Friday we covered this story: Critics Flush New University of California Logo.
Now, we can report that the next morning, the Los Angeles Times wrote this story: Maligned UC Logo Shelved; “Time to Move On,”...more
Would you place this mouth wash bottle on your bathroom counter or hide it under the counter?
The answer to this question, it appears, can have a material impact on whether the shape and design of the bottle functions as...more
How about a little levity for your weekend preparations?
There has been a great deal of discussion among those interested in the brand new and increasingly controversial University of California logo appearing on the...more
Knowing how Adidas (or should I say, adidas) jealously guards its three stripe design on shoes, and is notorious for protecting against not only three, but two and four stripe buffers as well, my eyes were drawn to this...more
D + What = Diet Coke?
Let’s file this brand truncation example under the AlphaWatch category, even though there is some other stuff going on here too....more