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...
iPad, the Latest Brand Bait? by DuetsBlog on Feb 12, 2010 in Advertising Affiliate Marketing Apple Apple Computer Approval Articles Brand Bait Branded Email Spam Branding Canada Confusion Dell Dilution Disclaimers Email Fair Use Famous Marks Free Advertising Infringement Initial Interest Confusion Internet Likelihood of Confusion Marketing Nominative Fair Use Product Configurations Scam Sight Sponsorship Trademark Fair Use Trademarks Unsolicited E-mail Wal-Mart iPad Putting aside, for now, the unsettled question of who currently owns the iPad trademark, and Dan's perspective on Apple's trademark clearance strategies, from last week, look at what our finely-tuned e-mail spam filter j...
What a Croc! by DuetsBlog on Feb 1, 2010 in Advertising Articles Brand Consultants Brand Protection Strategies Branding Cayman Cayman Islands Cayman Kerfuffle Crocodile Dundee Crocs Crocs Cayman Infringement Lacoste Law Suits Likelihood of Confusion Marketing Porsche Porsche Cayman Porsche Design Public Relations Publicity Reasonable Person Sight Trademark Enforcement Trademark Infringement Trademark Policing Trademark Priority Trademark Registration Trademarks It's not every day you get a chance to use that phrase in a headline. But, what may become known as the "The Cayman Kerfuffle", presents the perfect opportunity. Would a reasonable person find these confusingly similar? &n...
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...
Brand Signals: The Building Blocks of Brand Identity by DuetsBlog on Jan 18, 2010 in Big Mac Brand Consultants Brand Signals Brand Strategist Branding Branding Strategies Brands Categorically Coca-Cola Collectively Corona Enron Fast Food Golden Arches Guest Bloggers Individually Marketing McDonalds Non-Traditional Trademarks Product Packaging Sight Smell Sound Specifically Taste Touch Trademarks Wendys burger king Brands communicate with the world through a series of message delivery systems such as broadcast advertising, web sites, company representatives and product interaction. These systems utilize brand signals to communicate. While these signals commonly...
Lightning Strikes How Many Times? by DuetsBlog on Jan 9, 2010 in Airforce Academy Articles Branding Chargers G GATORADE LIGHTNING BOLT Lighting Trademark NFL NFL Franchise Non-Verbal Non-Verbal Brands Non-Verbal Logo Non-Verbal Logos SPORTS DRINK San Diego Chargers Scope of Rights Sight Taser Trademark Office Trademark Opposition Trademark Registration Trademark Strength Trademarks USPTO Wyeth I have heard that lightning only strikes once in the same place, but apparently that is only a myth. Indeed, the number of lightning bolt logos that have "hit" the mail room, over the years, at the U.S. Trademark Office appea...
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...
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