Steve Baird

Steve Baird

Winthrop & Weinstine, P.A.

Contact  |  View Bio  |  RSS

Latest Posts › Trademarks

Share:

KIND Taglines: About Owning Your Ad Copy?

First things first: Happy 4th of July, Dear Readers! That was a pretty honest, simple, genuine, transparent, straightforward, to the point, not belaboring at all, under any circumstances, my most sincere wishes to our...more

7/5/2016 - Brand Descriptive Trademarks Tagline Trademarks

Look-For Advertising Sans the Clunky Words

We’ve written before on the subject of non-traditional trademarks and how look-for advertising can be quite helpful in not only educating consumers that a color or other design feature should stand out in their mind as...more

6/20/2016 - Advertising Tagline Trademark Registration Trademarks USPTO

America’s Most Watered-Down Beer (Name)?

Last week the Twittersphere was chirping loudly and negatively in response to reports that Belgian-owned Inbev would be replacing the Budweiser brand name with “America” on beer cans, as shown above. No bow-tie can shape in...more

5/16/2016 - Anheuser-Busch Beer Breweries Marketing Trademarks

A Missed Step in Branding Fitness Trackers?

I’ve been wearing one of these little guys on my wrist for almost a year now. Love it. The personal awareness it raises for me in the areas of sleep, diet, and activity, has been profound....more

5/9/2016 - Corporate Branding Fitbit Generic Popular Trademarks USPTO

Yet Another Trademark Based on My?

Love the new bold look of the Mello Yello can, and it’s hard to miss the prominent abbreviation to MY, along with the trademark assertion: This is My World. Actually, as we have written before, there are more than a few...more

4/19/2016 - Brand Coca Cola Food Manufacturers Trademarks

UPS: Word, Acronym or Initialism Trademark?

Life is full of ups and downs. The world of trademarks often tends to mirror life. Yet, for the time being, the USPTO currently recognizes only one brand and mark as living solely on ups...more

3/21/2016 - Brand Popular Trademark Registration Trademarks UPS

Yes, No, and the Ever Confusing Maybe . . .

Yes and no are at opposite ends of the spectrum. North Pole, South Pole. Night and day. Win, loss. Black, white. Available, unavailable. Protectable, unprotectable. Infringing, non-infringing. They represent a binary...more

3/7/2016 - Brand Trademark Application Trademarks

Trademark Fair Use, Where Are You TYLT?

A little nominative trademark fair use might have saved these little gems from going right back to Costco, as gently used merchandise, with opened and not so gently mangled packaging to boot...more

2/29/2016 - Fair Use iPhone Trademarks

Energizer Bunny to Drain Duracell’s Battery?

When I first heard last week about a trademark infringement lawsuit between Energizer and Duracell over pink bunny icons, my first thought was, Duracell is The Copper Top battery brand, what would motivate Duracell and how...more

2/23/2016 - Breach of Contract Parody Trademark Infringement Trademarks

The Strategic Use of TTAB Proceedings to Advance Trademark Registration Efforts

Yesterday we wrote about how petitions for partial cancellation under Section 18 of the Lanham Act can be creative and powerful tools when an applicant is confronted with likelihood of confusion registration refusals under...more

2/16/2016 - Corporate Counsel Lanham Act Likelihood of Confusion Trademark Application Trademark Trial and Appeal Board Trademarks Young Lawyers

Negative Look-For Advertising Statements

Loyal readers know how important look-for advertising can be in making the difference between establishing trademark ownership in the shape or configuration of a product, and being left with nothing but a goose egg (as...more

2/2/2016 - Advertising Brand Trademarks

iPhone 6, Can You Say Nominative Fair Use?

We cover a lot of topics related to nominative fair use of trademarks. Does the example below on product packaging from J. Crew qualify for fair use of the iPhone 6 mark?...more

1/26/2016 - Fair Use iPhone J Crew Trademarks

How Many Ways Can a Trademark Be, Cool?

To the extent you’re also all about brands and trademarks, and you imagine a trademark story with each brand you might encounter, I suppose there are an infinite number of ways, right?...more

1/18/2016 - Brand Trademarks USPTO

Watch the Informational Refusals, Please!

Let’s suppose you conduct sightseeing tours using a tram car, maybe on the boardwalk in New Jersey. Maybe even a famous tram car service you’ve operated since 1949?...more

1/11/2016 - Service Marks Sound Marks Trademarks USPTO

Naming Products and Services With Brands?

Word to the wise, not the best idea to name a product or service by using another’s brand. So, when Duke’s Seafood & Rib Shack restaurant wants to create a name for their bar, permission would be required to use the...more

1/4/2016 - Brand Restaurant Industry Trademarks

Will USPTO Director Michelle Lee’s Signature Adorn a SLANTS Certificate of Registration?

Let’s hope not, for a variety of reasons. In other words, let’s hope the Supreme Court straightens out the unfortunate ruling last week that the federal government is powerless to deny requests to federally register...more

12/28/2015 - CAFC Disparagement First Amendment Lanham Act Stare Decisis Trademarks

Another Cliche Color Trademark Calamity?

Techdirt is crying foul (again) and this time, wrapping the “trademark bully” mantle around the magenta-colored neck of the T-Mobile brand for enforcing its color trademark against OXY....more

12/21/2015 - Color Marks Likelihood of Confusion T-Mobile Trademark Bullying Trademarks

PATRÓN Tequila Bottle Design Enforcement?

When we write about non-traditional trademark enforcement here on DuetsBlog, we almost always are referring to the protection of non-traditional marks like product configurations, product containers, product packaging, color...more

12/14/2015 - Enforcement Actions Popular Product Packaging Trademark Infringement Trademarks Wine & Alcohol

Who Decides What Your Brand’s Worth?

On this Cyber Monday, I’m left wondering, will we ever have a day when the metrics and automated tools available are so accurate and reliable that intangible assets like brands (and trademarks) regularly will be valued,...more

11/30/2015 - Asset Valuations Brand Trademarks

Is Ronald McDonald Lovin’ This Fryday?

When I recently snapped the above image of a t-shirt on display at a large retailer in the Twin Cities, it made me want to ask the same question many survey experts will ask of respondents to determine whether a likelihood of...more

11/16/2015 - Color Marks Likelihood of Confusion McDonalds Trademarks

What’s in Your Tagline, a Strong Trademark?

Last year, in my post entitled What’s in Your Wallet, a Cafe?, I had this to say about the iconic Capital One tagline: “Since 2000, Capital One Financial — the nation’s largest direct bank — has been promoting its credit card...more

11/9/2015 - Capital One Intent-to-Use Tagline Trademarks

Will Purple Reign, as a Color Trademark?

Today, we’re not talking about that Purple Rain, that Color Purple, or those Purple People Eaters, and we’re especially not talking today about Purple Gloves, Purple Bags, Purple Jackets, Purple Candy Wrappers, or Purple...more

11/2/2015 - AstraZeneca Color Marks Generic Drugs Nexium Pharmaceutical Industry Trademark Registration Trademarks

Ads Touting Function Shoot Down Trademark

This isn’t the first time we’ve written about brand owners who shoot themselves in the foot with their advertising. And, I’m sure it won’t be the last. As we’ve discussed before, touting the function of a product design...more

10/12/2015 - Advertising Brand Functionality Patents Trademark Trial and Appeal Board Trademarks Utility Patents

Easy Registration Refusal, See Park ‘N Fly

Trademark types know all about Park ‘N Fly, whether they travel or not. That’s because it is more than a nearly fifty year old airport parking and travel service brand and federally-registered service mark, it is short-hand...more

9/28/2015 - Likelihood of Confusion Merely Descriptive Trademark Infringement Trademarks USPTO

A BrandVerb Uber Alles?

Uber, the popular brand that helps people arrange prompt ground transportation, is now also being called a verb. The Star Tribune recently reported that the founder of iHail, a recent competitor of Uber in the Twin Cities...more

9/21/2015 - Brand Trademarks Uber

173 Results
|
View per page
Page: of 7

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×