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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

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

Here’s Another D-Word

Here is a blast from the past: The D-Word: What Ever You Do, Don’t “Describe” Your Brand! And, here is something a little more recent that I found on a recent business trip to Las Vegas...more

1/21/2014 - Brand Trademarks

Crisps = Chips = Crackers?

Seeing these on the store shelf this weekend reminded me that we are still anxiously awaiting the USPTO’s decision from the Trademark Trial and Appeal Board (TTAB) as to whether the words “pretzel crisps” will be found...more

1/14/2014 - Inherently Distinctive Trademark Opposition Proceedings Trademarks USPTO

A Horse-Drawn Trademark Collision Ahead?

Little did I know that my temporary holiday-season addiction to the QuizUp Logos game would giddyup another blog post regarding non-verbal logo similarity....more

1/2/2014 - Trademark Litigation Trademarks

Crowns and Coins for QuizUp

New stuff that spreads really fast never ceases to amaze me. Remember the viral music video from Norway earlier this year? The What Does the Fox Say video amassed another 200 million views since my post from six weeks ago!...more

12/31/2013 - Mobile Apps Trademarks

Handcrafted Intellectual Property in 2014

What best describes your work? Inexpensive? Cost effective? Robotic? Low budget? High volume? Or, do you deliver excellence — unique, distinctive, valuable, sculpted, tailored, and handmade solutions with your wealth...more

12/23/2013 - Federal Trademark Register Marketing Trademarks

Touch Trademark Update

‘Tis the Season for billboard ads like this, sorry Nancy. Anyway, it reminded me of a very early post of mine on touch trademarks, here on DuetsBlog. That early blog post noted Diageo’s federally-registered...more

12/16/2013 - Advertising Billboards Marketing Trademarks USPTO

Look for the Red Kettle This Holiday Season?

My iPhone captured this Salvation Army ad posted on a Minneapolis bus that I was following this morning in snowy and very slow traffic. Given how prominently the Red Kettle has become in Salvation Army advertisements,...more

12/10/2013 - Logos Trademarks

Hanging Around Trademark Disputes

When you hang around trademark disputes long enough you start to see patterns, at least, at the ends of the spectrum (or not). We have spilled much digital ink over allegations of “trademark bullying” — something that...more

12/3/2013 - Trademark Bullying Trademarks USPTO

LogoThief to the Rescue

There is a brand new exposer of potential intellectual property violations on the scene, meet LogoThief. “We exist to name and shame logo thieves and all others who plagiarise the work of logo designers.” ...more

11/25/2013 - Copyright Infringement Logos Trademarks

Grading Distinctive Vodka Bottle Trademarks

Last week, Works Design Group highlighted five vodka bottle designs to love. No doubt, a nice collection of very creative work. This stacked ice cube design is my favorite from their set...more

11/12/2013 - Brand Trademarks Wine & Alcohol

A Pair of Cheesehead Trademarks to Grate?

As a frustrated and bored Minnesota Vikings fan, Monday Night Football last evening caught my attention with the division battle between the Green Bay Packers and the Chicago Bears. In case you missed it, the Packers lost to...more

11/5/2013 - Sports Trademarks USPTO

Google’s Latest Trademark Bugaboo?

Fame tends to attract attention, and imitation, especially unwanted imitation from, well, even pests. The Google trademark appears to have obtained such a high degree of fame that no third party can include the word “Google”...more

11/1/2013 - Google Lanham Act Logos Trademarks USPTO

When Intent Matters in Trademark Matters

One of the unfortunate aspects of trademark practice is the permission that exists in the law to challenge the motives and intentions of people. Unfortunate, because this permission is frequently abused, especially by...more

10/29/2013 - Intent Trademark Bullying Trademarks

Having “Just Ship It” Reluctance?

Seth Godin – famous for inspiring those who create to “shipit” — took the opportunity yesterday to respond to those who contend he encourages others to “just ship it.”...more

10/22/2013 - Nike Trademark Policing Trademarks

What Does the Suffix Say?

Ylvis, the Norwegian music/comedy duo, recently revealed the secret of the fox to more than a hundred and twenty-three million viewers on YouTube (as of this posting), answering the vexing question: What does the fox say?...more

10/15/2013 - Intent-to-Use Trademarks USPTO

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