Color Trademarks, Red Knobs, and Secondary Meaning by DuetsBlog on Feb 21, 2010 in Acquired Distinctiveness Articles Branding Cancellation Color Trademarks Competitive Need Functional Functionality Goodwill Infringement Initial Interest Confusion Injunctions Law Suits Likelihood of Confusion Look-For Ads Look-for Look-for Advertising Marketing Media Non-Traditional Trademarks Non-Verbal Brands Non-Verbal Communication PR Permanent Injunctions Preliminary Injunctions Public Relations Red Knobs Secondary Meaning Sight Single Color Trademark Trademark Cancellation Trademark Types Trademarks Viking Range Wolf Appliance non-traditional More on single color trademarks today. Eighteen months ago, Wolf Appliance obtained a federal trademark registration in connection with "a red knob or knobs" of "domestic gas and electric cooking appliances, namely, ranges, dual-f...
Another Marketing Pitfall: How to Crush a Smashing Brand Name & Trademark by DuetsBlog on Feb 14, 2010 in Acquired Distinctiveness Advertising Articles Brand Names Branding Common Marketing Pitfalls D-Word Descriptive Descriptive Names Descriptiveness Food Franchise GATORADE Genericide Icon Burger Development Company Inherently Distinctive Loss of Rights Marketing Marketing Pitfalls Pitfalls Secondary Meaning Smash Burger SmashBurger Spectrum of Distinctiveness Suggestive Suggestive Names Tag-line Tagline Trademark Strength Trademarks Last week we blogged about the dreaded D-Word and how some marketers unwittingly undermine trademark rights in a brand name by explaining that the name "describes" or is "descriptive" of the goods or services sold under...
Rolling Out the Red Carpet -- More On Branding Athletic Turf & Trademarks by DuetsBlog on Jan 31, 2010 in Acquired Distinctiveness Advertising Articles Athletic Fields Boise State University Branding Color Trademarks Colored Artificial Turf Common Law Rights Eastern Washington Eastern Washington University Marketing Michael Roos Nationwide Priority Non-Traditional Trademarks Principal Register Prior Common Law Rights Red Turf Secondary Meaning Sight Single Color Trademark Smurf Turf Supplemental Registration Trademark Priority Trademarks Turf Wal-Mart v. Samara Woodward Field In December, you may recall, I blogged about Boise State's federal registration of the color blue as applied to athletic field turf, known to many as Smurf Turf. At the time, I wondered out loud whether Boise State's success in the U.S.&nbs...
Exploring Alternative Spellings by DuetsBlog on Jan 28, 2010 in Acquired Distinctiveness Almost Advice Branding Descriptive Descriptiveness Dr. No FLOR Interface Global Marketers Marketing PUR Recovery Engineering Spectrum of Distinctiveness Trademarks cheat sheet lawyers I recently came across a catalog for a company that sells "modular floorcovering" -- probably better known as "carpet squares." (They actually sell more than squares, but I digress.) The brand? FLOR. FLOR?&...
Taking the Cake With Suggestive Trademarks? by DuetsBlog on Dec 29, 2009 in Acquired Distinctiveness Articles Betty Crocker Branding Descriptive Names Descriptiveness Duncan Hines Food General Mills Marketing Moist Deluxe Moist Supreme Pillsbury Principal Register Secondary Meaning Sight Smuckers Spectrum of Distinctiveness Subjective Determination Subjectivity Suggestive Suggestive Names Super Moist Trademark Distinctiveness Trademark Office Trademark Spectrum Trademark Strength Trademark Types Trademarks John Reinan provided yesterday a marketer's perspective that questioned the value of coined trademarks. In my experience, as a trademark type, one place on the spectrum of distinctiveness where both trademark and marketing types can have their c...
The Freezman Cometh? by DuetsBlog on Dec 25, 2009 in Acquired Distinctiveness Adrian Peterson Advertising Articles Branding Christmas ESPN Freezman Transport Geographically Misdescriptive Trademarks Joseph Jurantich Marketing Minneapolis Minnesota Minnesota Vikings Non-Traditional Trademarks Non-Verbal Non-Verbal Brands Non-Verbal Logo Non-Verbal Logos Non-Verbal Messages Primarily Geographically Deceptively Misdescriptive Marks Ragnar Snow SportsCenter Super Bowl Trademarks Vikings Worries about having a white Christmas in Minneapolis and elsewhere have been quiet this year. Thus far, we have spent far more than our typical time shoveling some especially heavy wet snow this holiday season, but don't get me wrong, I'm not c...
Surface Level Branding Runs Deep on This Athletic Field by DuetsBlog on Dec 13, 2009 in 3M Acquired Distinctiveness Articles Artificial Turf AstroPlay Astroturf Athletic Fields BCS Boise State University Branding Bronco Field Color Trademarks Colored Artificial Turf Common Law Rights FieldTurf Fiesta Bowl Humanitarian Bowl Iowa Hawkeyes Kinnick Stadium Marketing NCAA Non-Traditional Trademarks Post-It Prior Common Law Rights Secondary Meaning Sight Single Color Trademark The Blue Tostitos Trademark Enforcement Trademark Policing Trademarks Turf University of Iowa WAC To sports fans of this university, December has been a big month because their beloved team finished the 2009 regular football season undefeated (13-0) once again, winning yet another post-season BCS bowl game bid. Next month...
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