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Harley-Davidson Booze Coming Soon?

With the 74th Anniversary of the famous Sturgis Motorcycle Rally less than a week away, it seemed like a good time to check in on recent Harley-Davidson trademark activity at the USPTO....more

7/28/2014 - Brand Harley-Davidson Popular USPTO

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

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

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

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

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

Pretzel Crisps Genericness Decision Appealed

A couple of months ago you will recall that the USPTO’s Trademark Trial and Appeal Board (TTAB) held ”Pretzel Crisps” generic for pretzel crackers... ...It appears the TTAB’s decision will not be the final word on the...more

4/28/2014 - Generic Trademark Trial and Appeal Board USPTO

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

Ola Crapola!

Crapola sounds like something worth saying on the way to Chicago, after discovering the size of your PowerPoint file is too large to get through the recipient’s firewall, and then realizing the USB flash drive containing your...more

4/7/2014 - Brand Generic USPTO

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

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

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

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

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

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

Millions of False TM Notices to Remove?

A hot dog is a type of sandwich, and “footlong” denotes a type, category, or class of sandwiches (those measuring about a foot in length), making ”footlong” a generic term and part of the public domain – incapable of serving...more

9/9/2013 - Generic Subway Trademarks USPTO

Airing Your Kinky Trademark Laundry: Distinguishing Between Consent Agreements and Concurrent Use Agreements

Last week I captured a few eye-popping photographs of a delivery truck parked in downtown Minneapolis promoting Kinky Liqueur, “a delightfully fruity fusion of super premium vodka“...more

8/22/2013 - Consent Agreements Contract Interpretation Trademarks USPTO

The Budweiser Bowtie Can Shape Trademark

Launched a few months ago, it’s called the bowtie can, because it appears to emulate Budweiser’s well-known bowtie brand icon, but the formal description of the Anheuser-Busch beer can at the USPTO is a bit more clumsy and...more

8/12/2013 - Anheuser-Busch Brand Trademarks USPTO

Will Tire Tread Trademarks Gain Traction?

Here is to sharing a photo I took using my iPad on a recent Canadian fishing trip, and yes, there is a trademark story here to share as well, not just a beautiful sunset positioned behind this ATV tire....more

8/8/2013 - Design Patent Trademarks USPTO

Harley-Davidson Logo Rides Without Words

The well-known, if not famous, Harley-Davidson logo is on the left below, but what is on the right? Might Harley-Davidson also be in the business of renting storage garage units for motorcycles among other outdoor...more

7/8/2013 - Brand Color Marks Fluid Trademarks Harley-Davidson Licensing Rules Logos Patents PTO Trademarks USPTO

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