News & Analysis as of

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

There is only one Lord of the (Olympic) Rings…but then there was Sochi

As we have posted about more than a few times on DuetsBlog over the years (like here and here), the OLYMPICS trademark and the Olympic Rings mark are highly enforced marks that uniquely bear special protection granted from...more

The Devil Wears Trademark: How The Fashion Industry Has Expanded Trademark Doctrine To Its Detriment

I. INTRODUCTION - Over the past decade, the uncertainty of fashion’s status as protectable intellectual property has generated enormous controversy. It is no wonder: in 2011, apparel sales in the United States amounted...more

The True Meaning of C [hristmas]

Yes, it has finally arrived: the end of December. Whether you’re someone who views the day as bitter sweet, dreading the day when the dirty looks from your neighbors force you to finally take down your decorations in...more

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

Likelihood of Illusion

Over Thanksgiving weekend, I had the pleasure of visiting my grandmother’s farmhouse in northwest Iowa. I don’t think I had been there in probably five years, as she had been living in California for most of that time....more

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

How To Choose A Strong Mark To Discourage Infringement: Put Some Thought Into Protecting Your Intellectual Property

Your company has just come up with an exciting new product that enables someone to walk and chew gum at the same time! Just imagine all of the potential buyers out there who have been suffering for years from “Can’t Walk and...more

LoudTrax & Hodgson Legal: Band Brand

What’s your Band Brand? One of the common questions that artists and bands always ask is, “How can I secure that my band brand so we are the only ones allowed to use that name and protect my logo?” If you end up being the...more

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

Whose logo wins, if Pillsbury and Orrick merge?

There’s been a lot of talk recently regarding the merger discussions between 1,000-lawyer Orrick, and 700-lawyer Pillsbury Winthrop, which would create a Top Ten US law firm (See, e.g. Above the Law). It’s not a sure-thing,...more

IP Protection: What Are Trademarks, Service Marks And Logos?

A trademark (one word) is the identity you give your products. A service mark (two words—don’t know why, just the way it is) is the identity you give your services. Originally Published on I-Sight.com - October 15,...more

Interlocking X’s Mark the Litigation Spot

So what does the world’s largest publicly traded international oil and gas company have in common with the cable network that’s brought us such irreverent comedies as It’s Always Sunny In Philadelphia, Louie, and The League? ...more

How to Make the Best Difficult Decisions in Uncertainty

I. Perpetual Calendar—Make Sure You Have Time for Reasoned Decisions - Stop trying to remember so much, reduce your stress, and avoid the risk of missing an important date. Every item that you can record onto a...more

What Does Intellectual Property Mean to a Small Business?

Intellectual property is “inventions of the mind:” inventions, literary and artistic works, and symbols, names, images, and designs used in commerce to identify the owner as a source of goods or services. But what does this...more

Brandmarking: Thoughts On The Creation, Protection, And Enforcement Of Brand Identity

In This Issue: - Much Ado About YAHOO! - Lawsuits Can Be Easier to Get Into Than to Get Out Of - Johnny Football, Inc. - Excerpt from Johnny Football, Inc.: It should come as no surprise that...more

The Katten Kattwalk - Fashion Week 2013

In this issue: - New Rules on Use of Child Models - Impact of TTAB Rulings on Court Decisions - Sports Teams’ Logos and Marks May Be Different - It’s Ten O’Clock—Do You Know Where Your Company’s...more

Dang v. San Francisco Forty Niners - Consumers can challenge Reebok's exclusive NFL apparel deal based just on a market of...

On August 2, 2013, District Judge Edward J. Davila denied a motion to dismiss antitrust claims brought by consumers of NFL apparel against Reebok and the NFL in Dang v. San Francisco Forty Niners, Case No. 5:12-CV-5481 (N.D....more

Coca-Cola Open for Co-Branding?

By now you know how much I love the Coca-Cola brand and advertising, and this beautiful gem of a billboard is no exception...more

Points & Authorities - Summer 2013: The Entertainment Issue

In This Issue: - It’s Always Something: The Repeated Assaults on Licensee Rights in Bankruptcy - Clearance: Start Early and Avoid the Clutter - New Faces - Points from the President - The...more

Subliminal Messages

As I was enjoying a Wendy’s chocolate frosty, I began thinking about the new Wendy’s logo I had seen in several articles on Yahoo! In the midst of the hoopla about the “hidden” or subliminal message in the new logo, I got to...more

Hells Angels and Toys “R” Us Settle “Death Head” Trademark Litigation

When I think of the Hells Angels, what immediately comes to mind is a notorious gang of men in leather on Harley-Davidson motorcycles, the 1960’s counterculture, and news reports of illicit activity. When I think of Toys “R”...more

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

Walgreen Nationals?

When we aren’t playing baseball in the backyard or at little league baseball games, we watch a lot of baseball. Mostly the Twins, but it doesn’t take the M & M boys to bring us together in front of the television. The other...more

Trademarks Are Not Monopolies

Trademarks are brand names or logos that identify the producers of products or services in the marketplace, so that customers can find what they are looking for....more

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