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“Not So Fast,” Mr. THRILLED Daniel Snyder

Lee Corso (former coach and ESPN football analyst) frequently utters this famous sports media catchphrase on ESPN’s “College GameDay” program: “Not so fast, my friend!”...more

It’s as Suggestive as a Butter Knife for Steak

We’ve written quite a bit over the years about the Spectrum of Distinctiveness for trademarks, and the all-important difference between suggestive marks and merely descriptive ones, with only the former being allowed...more

The Brand With 3 Stripes, Bands, or Stitches?

We’ve written a lot over the years about Adidas’ three-stripe non-verbal, non-traditional trademark. Turns out, Adidas actually owns a federally-registered trademark for the verbal, spelled-out, look-for advertising...more

Nominative Fair Use of Ride-Share Logos?

Earlier this year, we contemplated a suitable, accurate, and efficient generic name for the service category created by the highly-disruptive Uber brand: App-Based Ride Service....more

Section 2(a), a Happy-Talk Clause, Really?

We can be certain of one thing for sure, the Supreme Court’s decision today, striking down the disparagement clause of Section 2(a) of the Lanham Act will be analyzed for some time....more

Acceptable Identification of Goods/Services

Beef jerky is one of my favorite snacks, so while strolling through the Minneapolis skyway, I captured the above floor-to-ceiling advertisement to tell another trademark story....more

The Careful Timing of Trademark Truncation

A recent stroll through a big box store opened my eyes to a brand of steel toe boots I hadn’t encountered before, take a look at the CAT that will be protecting my son’s toes this Summer...more

5/9/2017  /  Corporate Branding , Trademarks

All for Saving the Original Minnesota State Fair Curds, Say Aye, Better Yet . . . #s and @s

When Aaron Keller of Capsule deeply cares about an issue (in a deeply fried kind of way), it’s hard not to stand up, pay attention, and follow instructions, especially when his picture of golden little nuggetized cheese curds...more

Here’s to Calling the Kettle, Brand Too?

The teapot read my post from last week and is not only calling the kettle black, but brand too...more

When is a Duck a Goose, or a Ham a Brand?

Every once in a while, the word “brand” appearing on product packaging surprises me, because my earlier understanding of the word preceding it spells generic, not brand....more

USPTO Pulling Up the Ladder on Picture-Word Equivalency in Assessing Trademark Rights?

A recent stroll through the Minneapolis skyway and the above construction billboard reminded me that we haven’t discussed the picture-word equivalency doctrine in trademark law for some time....more

April Madness, the NCAA’s One Month Buffer?

We write a lot here about the scope and strength of trademark rights and how that determination is often intertwined to making intelligent likelihood of confusion determinations....more

My USPQ 1 Round Up: “Confusion in Letters”

The United States Patents Quarterly has been a resource used by intellectual property lawyers for a very long time. Most of the decisions published in USPQ are patent decisions, but there are a large number of trademark...more

McCarthy Institute Trademark Seminar 2017

One of the current challenges in trademark law addressed in Seattle last week at the Amazon Corporate Conference Center, host of the 2017 McCarthy Institute and Microsoft Corporation Symposium, is an issue we have discussed...more

Wawa Not Gaga Over Dawa?

Earlier this month, Wawa, an East Coast convenience store chain, demonstrated it is not gaga over a single location food mart called Dawa...more

NASCAR Brand Gasoline at a Pump Near You?

With the Strafford Publications webinar later today discussing the Lanham Trademark Act’s “Use in Commerce” requirement, with some of my favorite panelists no less, the topic has been on my mind, even when pumping gas into my...more

What’s a Peppadew?

We recently checked out a new restaurant in Minneapolis’ growing North Loop area, called Red Rabbit, what a great spot...more

A Trademark Use in Commerce Story: Bonobos Buzz and a Two for One Specimen?

There are at least two kinds of buzz converging at the moment (perhaps three), especially for fashion forward and fit oriented trademark types here in Minneapolis....more

Who’s Watching (What) You Create?

This past weekend, with what appears to be our first lasting snowfall, I enjoyed following my daughter around the chilly alleys of downtown Minneapolis while she created for her photography class. As you can see from the...more

Chartreuse Color Trademark on the Loose

We’ve written a lot about single color trademarks here over the years. Weems, the owner of the Flexilla brand has unleashed its federally-registered chartreuse-colored non-traditional trademark for “compressed air hoses”...more

Who’s the PATRÓN Anyway?

PATRÓN (meaning “boss” or “landlord” in Spanish) is a pretty famous brand name of tequila (federally-registered since 1993), and don’t forget this gem from the archives...more

Marmots and Mammuts Living in Harmony?

Taking a spin through REI for a jacket yesterday, I happened upon a Swiss outdoor clothing brand that is a new one to me, called Mammut...more

Owning a Cup of Trademark Transparency

Seeing this Caribou Coffee skyway billboard was a good reminder to me of how much we hear about the importance of transparency in our relationships, including those with brands we love...more

9/19/2016  /  Tagline , Trademarks , Transparency

Timber! Will the Little Trees Car Freshener Configuration Trademark be Chopped Down?

We wrote about the above trademark warning ad a few years back, and the claimed trademark owner likely recognizing vulnerability as to validity...more

Can Starbucks Tolerate Cannabis Parody?

A couple of weeks back, I captured this image from a t-shirt for sale in Starbucks’ backyard — at a shop in the Pike Place Market area of Seattle...more

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