Today’s topic is “tacking” and why you need to have at least some awareness of this important concept in the law of trademark.
Imagine Company A has been using a distinctive and well-known company logo on its product...more
Even in the age of the Internet, the geographic use of a trademark is an important consideration in determining whether your mark is likely to confuse consumers as to the source of your goods or services. Geographic...more
Among the other areas of your business that you need to keep in order, don’t forget your website. Your website is the company’s digital storefront to the public. Protecting it is paramount to protecting your brand. Below is a...more
Among all of the other areas of your business that you need to keep in order, don’t forget your website. Your website is the company’s digital store front to all of your customers and the public. Protecting it is paramount to...more
You see them every day; those funny-looking characters and symbols splashed all over goods and advertisements. ?. ?. Our friends “TM” and “SM” and even ?. Like modern hieroglyphs, we know that these symbols have some...more
The Second Circuit recently vacated a contempt order entered against the U.S. Polo Association for selling sunglasses with its logo depicting two mounted polo players vying for a ball. The Second Circuit found that the...more
Grabbing and keeping the consumer's attention can be difficult, especially in the online marketplace where advertisements and surveys obscure content on the screen and distract the viewer. Most marketers know that animation...more
The National Labor Relations Act (NLRA) restricts all employers from issuing policies or rules – even if well-intentioned – that inhibit employees from engaging in activities protected by the act, such as discussing wages,...more
Will Johnny Be Good, or Will Name Games Go up in Flames?
Johnny Gaudreau, left wing for the Calgary Flames, is attempting to high-stick potential interlopers by locking up rights to his now-popularized nickname – Johnny...more
Famous brand owners, take note: a Turkish artist and designer named Mehmet Gozetlik recently released “Chinatown,” a mesmerizing series of photographs in which neon lights depict famous design marks, with the word mark...more
Aside from my propensity for laughter, there are few things that can instantly improve my mood quite like an impromptu dance party or hot yoga sculpt. Yes, hot yoga sculpt – yoga with weights and cardio in a very hot room...more
Colleges serve an important role in American society, providing education, experience and leadership to each new generation. Also, sports. And did I mention SPORTS? Regardless of the reason (cable?), college sports have...more
Whether it’s black or white may not have mattered to Michael Jackson (at least that's how the song goes), but it does seem to matter now to the Office for Harmonization in the Internal Market (OHIM) and other trademark...more
Recap of popular updates covering latest developments in the European Union....more
One of the topics from our recent “Eye on Workplace Privacy” seminar was the focus on how the NLRB has been dealing with employer handbook and social media policies. In that segment, we highlighted how the NLRB at times has...more
Previously, a logo registered in black and white was considered sufficient to protect versions of the logo in any color, but this is not necessarily true for European Union (EU) Community Trade Marks (CTM). Under the new...more
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
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
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
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
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
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
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.”
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
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
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