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Making Fair Use of the Super Bowl Trademark

Over the weekend, the Star Tribune continued the growing drum beat of understandable excitement for Super Bowl LII, as it steadily approaches U.S. Bank Stadium in Minneapolis....more

A Steep Climb to Own a One Word Mark?

The grocery aisles are fertile grounds for my keyboard, as you know. And, while I’m generally far more interested in coffee grounds than tea leaves (unless we’re speaking of the iced variety or reading between the lines of...more

Trademark Fair Use, Where Are You TYLT?

A little nominative trademark fair use might have saved these little gems from going right back to Costco, as gently used merchandise, with opened and not so gently mangled packaging to boot...more

2/29/2016  /  Fair Use , iPhone , Trademarks

iPhone 6, Can You Say Nominative Fair Use?

We cover a lot of topics related to nominative fair use of trademarks. Does the example below on product packaging from J. Crew qualify for fair use of the iPhone 6 mark?...more

1/26/2016  /  Fair Use , iPhone , J Crew , Trademarks

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

No MN State Fair Photos, Pretty Please?

Well, it is opening day at the 2015 Minnesota State Fair, it was a great day, perfect weather, thank you very much! Happy to see that Lulu’s Public House is going strong, she appears to have some new food items this...more

Fair Use of GM’s Corvette Stingray?

While filling up my gas tank at our local Costco last week I coudn’t resist capturing this photo of pump signage to ask our dear readers a few pointed questions...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

Another Nominative Fair Use Example?

Twitter seems to be going strong, despite early questions about whether it would ever shed the notion of being a waste of time, as evidenced by this currently running billboard ad...more

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