Well, it is opening day at the 2015 Minnesota State Fair, it was a great day, perfect weather, thank you very much!
Happy to see that Lulu’s Public House is going strong, she appears to have some new food items this...more
It costs dollars to create a brand. It costs dollars to protect a brand. And, it probably costs more dollars to protect an inherently weak brand and mark over a strong one. So, choose wisely....more
Preparing to send off to college my two oldest sons, led us to Ling & Louie’s Asian Bar & Grill’s rooftop patio on Minneapolis’ Nicollet Mall last week, and we found an interesting menu item.
Under the Sandwiches...more
Remember a while back when many were humming to the tune “What Does the Fox Say“?
Today, I’m asking, what does the trademark registration say? Not, what does the trademark say — that is a different and more complicated...more
Why does Smashburger continue down this road of smashing its trademark rights?
Especially, despite our previous cautions...more
We’ll soon see whether coffee truly goes hand in hand with closers, at least in one famous brand owner’s quest for registration of a non-verbal, non-traditional color trademark at the USPTO. I’ve been noticing Starbucks focus...more
The Minneapolis-St. Paul International Airport is currently running this advertisement from a local law firm highlighting its “Total Partnership” program (BTW, love the website video, linked here):Although the use of the term...more
Last week the NFL franchise that plays football near — but not in — our Nation’s Capital, was dealt another significant legal and public relations blow that would have any rational brand owner working overtime on its...more
It has been a while since a billboard campaign has caught my interest and attention, but the currently running Absolut Goes Dark ads are an exception worth noting...more
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
Time spent with my boys in Omaha at the College World Series is hard to beat. Although, last year, Father’s Day weekend was hard to beat too. And, the archives indicate five years ago was pretty wonderful as well. Basically,...more
When my daughter walks into a Starbucks (given her avid fan status, she does so often with her spending money in hand), she is typically greeted by an employee who says, “I love your shirt, where did you get it”?...more
Welcome to yet another edition of non-traditional trademarks, but instead of discussing brown paper bags for chips as trademarks, today we’re focusing on a U.S. trademark registration that surprisingly issued just a few weeks...more
Welcome to another edition of non-traditional trademarks in connection with package designs:
The Billy Goat Chip Company contends it owns exclusive rights in a protectable and distinctive trademark for the appearance...more
The last time I was at the airport I snapped this photo showing how Subway finally appears to have dropped its use of the TM symbol in association with the word FOOTLONG: As you will recall, Subway had attempted to...more
Move over likelihood of confusion, there is another sheriff in town, at least when it comes to looking for guidance on best practices and strategic considerations for a brand owner’s clearance, registration, protection and...more
On a recent trip to the Washington, D.C. area, I had the opportunity to stay at the Bethesda North Marriott Hotel & Conference Center, and I’ll have to say, as a trademark type, it was difficult to avoid being drawn to their...more
As it turns out, four days after Easter, the USPTO refused registration of the Big Green Egg’s claimed exclusive rights in the shape and color of its popular barbecue smoker and grill...
As you may recall, last September we wrote about Coca-Cola’s Significant Interest in Zero Marks, discussing Coca-Cola’s defense of a trademark infringement suit brought by an individual named Mirza Baig, who claimed rights in...more
We’ve been spilling a lot of digital ink lately on the topic of non-traditional trademark protection and how the functionality doctrine serves as an absolute bar for such protection.
As you know, for some time, we’ve...more
Last week, while I was preparing for and had the unique opportunity of arguing a real, live TTAB final hearing on the merits, outside the TTAB’s typical oral hearing location (because it was selected by the TTAB to be part of...more
Continuing our ramp up toward the launch of our Strategies for Owning Your Product Designs webinar next week, I’ve been thinking a lot about the Morton-Norwich factors — the common analysis for determining whether a product...more
Welcome to another edition of newly filed configuration trademark applications at the USPTO, here is the latest; it is quite a specimen:
The question for the day though is whether the claimed mark actually functions...more
#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
As our friend John Welch reported last week, the place to be on March 10, 2015, is Washington, D.C., at the 25th Annual “PTO Day,” sponsored by the Intellectual Property Owners Association: John will be part of the panel...more