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Dethroning a Right to Register a Trademark?

Last month, you will recall we wrote about the important difference between the right to register a trademark and the right to use a trademark...more

7/15/2014 - Infringement Likelihood of Confusion Registration Trademarks USPTO

Description of a Trademark with the USPTO

Continuing our discussion — from yesterday and the day before – about the description of a mark provided to the USPTO during the registration process, the below images from two unrelated federally-registered, non-verbal logos...more

7/11/2014 - Trademarks USPTO Written Descriptions

Pepsi Gets Grip on MLB All-Star Extravaganza

How cool is it to have the MLB All-Star Game and related events, right here in Minneapolis? Very. As the advertisement shows, Pepsi is playing a large role in the event, as the “Official Soft Drink” of the MLB All-Star...more

7/10/2014 - Advertising MLB PepsiCo Popular Trademarks USPTO

Apple’s Word Count for Non-Verbal Branding

A picture is said to say a thousand words, and ironically that is almost literally and exactly true when it comes to Apple’s focus on non-verbal icon branding....more

7/9/2014 - Apple Brand Trademarks

IP Solicitation Scams on the Rise

In recent months, an increasing number of companies have reported receiving official-looking intellectual property notices and solicitations. These fraudulent solicitations may take the form of invoices, renewal notices, or...more

7/1/2014 - Copyright Fraudulent Inducement Patents Popular Solicitation Trademarks USPTO

Trademark Disparagement Kills the R-Word

My father-daughter time was wonderful in London when the news hit about the USPTO ordering cancellation of the six ”Washington Redskins” trademarks as disparaging to Native Americans....more

6/20/2014 - Blackhorse v Pro-Football Disparagement Football Laches Native American Issues NFL Redskins Registration Trademark Act Trademark Trial and Appeal Board Trademarks USPTO

Do You Love Paris Too, New York?

Shopping with my daughter this past weekend on the Avenue des Champs-Élysées in Paris, on the way to the Arc de triomphe, we spotted this shop selling “I ? Paris” merchandise...more

6/16/2014 - Trademarks

Rubber Hits the Road: Rust-Oleum Trademark Case Leaves TTAB for Minnesota Federal Court

Lately we’ve been discussing more and more the difference between the right to register a trademark and the right to use a trademark. In many trademark disputes the perfect forum for an amicable resolution is the Trademark...more

6/10/2014 - Trademark Litigation Trademark Trial and Appeal Board Trademarks USPTO

Gia Nother Wine Bottle Trademark

Combing through the USPTO’s recently approved non-verbal trademark registrations revealed this little gem with Francis Ford Coppola’s name on the label (but not claimed as part of the mark)...more

6/9/2014 - Coppola Infringement Trademarks USPTO Wine & Alcohol

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

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

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

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

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

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

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