News & Analysis as of

Common IP pitfalls every business can avoid

As a business owner or manager, you have probably experienced or at least heard about costly and disruptive intellectual property infringement lawsuits. You may also be very concerned about protecting your company’s customer...more

Apple and The World’s Most Public Privacy Policy

It bears mentioning when one of the world’s most famous brands releases one of the world’s most prominent and readable privacy policies. That’s just what Apple did this week, and the message to other brands is clear – privacy...more

When Over-Breadth Can Bite You Like a Lynx

While lynx may not be generally known for having a ferocious bite, they do have sharp teeth and I’m sure they can inflict serious pain when they do decide to attack. In the same way, while breadth can be a good thing...more

Blog: Maintaining Control of Your Brand Among 1,200 New gTLDs

The authors of every successful business strategy know that a company must protect its trade marks and its brand from the outset. The primary means of doing so is to register trade marks in each of the territories in which...more

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

Seattle Seahawks Initiate Opposition to Stop Registration for "Power of 12"

The Seattle Seahawks are known for several things amongst National Football League (“NFL”) fans. One of the most well known facts about the Seahawks is that they have deemed their notoriously loud and rowdy fans as “The 12s.”...more

Cheap Flights for Flying Blind

European discount airline Germanwings has a practice it calls “Blind Booking”. The concept is straightforward. Essentially you don’t know your destination city until after you have booked the flight. But for €33...more

Corporate Journalism: A catalyst for better story telling

I am continuously amused by all the hubbub around content marketing. Because while that phrase may be new, the truth is that marketing has always been about content. What’s changed, of course, is the delivery, as the digital...more

The Recycling of Brand Vessels?

Brand signals have been described as meaning vessels before, and vessels of trust too. Does that make a branded product package, container, or configuration a vessel within vessel? The tin cans below that have been...more

Wanted: Brand Deputies at the MN State Fair

The Minnesota State Fair continues to provide endless blog fodder for those who care about intellectual property. Last week, we wrote about a State Fair vendor concerned about its claimed, but unarticulated “intellectual...more

Internet Loses it Over Google’s New Logo

Google changed its logo this week, and the Internet is not happy about it. In the new design, the name appears in thicker, cleaner letters. Specifically, the new design eliminates serifs—the little tails at the bottom of each...more

Protecting Your Brands in New Markets: Iran and Cuba

For companies based in the United States, doing business in Cuba and Iran is no longer a completely far-fetched notion. In Cuba, the relaxing of the embargo promises to make this island neighbor of the U.S. available for...more

Branding your bud: Why trademarks are tricky for marijuana businesses

Brand loyalty builds businesses. That’s why most businesses need successful brands, and, ideally, brands backed by a federal trademark registration. But because of the federal laws affecting marijuana and related products,...more

Intellectual Property and Technology News - Issue 27 Q3 2015

In This Issue: How Private is That Connected Car? US v EU Among the fastest growing sectors in the industry of smart things is the connected car. No longer a simple way from point A to point B, cars now comprise a...more

Generating Life Sciences Brand Names: 5 Key Tips

In the challenging and complex world of life sciences product development, choosing a brand that survives the US Patent and Trademark Office and US Food and Drug Administration clearance processes is critical. Brand names in...more

Is There a Lesson from Dunkin’ Donuts for Franchisors Outside Quebec?

The Quebec Court of Appeal has recently upheld the 2012 decision of the Superior Court awarding substantial damages – CA$10.9 million – to former franchisees of Dunkin’ Donuts.1 Application for leave to appeal was filed with...more

Retail Store Branding With a Weak Dollar

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

Personal Branding with the Right to be Forgotten

Everyone has a brand.  Through every interaction and impression we leave in the minds of others, each of us builds on our own personal brand.  In the Internet age, and particularly with the advent of social media, our...more

Louisiana Fish Fry Ltd. Couldn’t Jump Out of Frying Pan

As I was looking at a photo of the fish my nephew caught this weekend, I wondered if my brother and my sister-in-law would be inviting me to a fish fry. Indeed, a fish fry was on my mind after having just read the...more

Landlords Beware

Courts from California to New York have long held landlords accountable for contributory trademark infringement in knowingly leasing real property for unlawful trades, manufacture or business, when those landlords rent space...more

Will Marketing Pitfall Lead to Sand Pounding?

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

Beer for Breakfast: Lessons in Co-Branding from General Mills

Yesterday General Mills announced that it had partnered with Fulton Brewery to create HefeWheaties: a limited edition brew. The beer is a Hefeweizen, which is traditionally a wheat-based beer, making it a perfect canvas for...more

Amarin Court Holds Truthful Off-Label Speech Entitled to First Amendment Protection

On August 7, 2015, the U.S. District Court for the Southern District of New York issued an opinion in Amarin Pharma, Inc. v. FDA, granting Amarin preliminary relief to engage in truthful and non-misleading off-label speech...more

Play for Pay? Not Today, Says the Ninth Circuit in the Latest NCAA Ruling

Whether the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws remains an active issue before the Ninth Circuit Court of Appeals. But the dramatic changes ordered by U.S....more

The Great Presidential (logo) Debate

The day has finally arrived – the beginning of 2016 presidential debate season! The best reality TV showdown around! Democrat or Republican, I don’t discriminate, political debates are probably the only fighting “sport” in...more

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