Section 2(a), a Happy-Talk Clause, Really?

By | DuetsBlog | June 19, 2017
We can be certain of one thing for sure, the Supreme Court’s decision today, striking down the disparagement clause of Section 2(a) of the Lanham Act will be analyzed for some time. The Court called the provision of the Lanham Act barring the federal registration of trademarks that consist of or comprise matter that may disparage persons, a “happy-talk clause,” concluding it violates the First Amendment. View Full Post
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Acceptable Identification of Goods/Services

By | DuetsBlog | June 12, 2017
JackLinksMeatSnacks Beef jerky is one of my favorite snacks, so while strolling through the Minneapolis skyway, I captured the above floor-to-ceiling advertisement to tell another trademark story. It’s been a while since we’ve written about the importance of brand owners not only thinking hard about their brand names, but also devoting thought and care to the generic name of the goods or services too. View Full Post
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Sign Up for the Ethical Use of Social Media

By | DuetsBlog | May 16, 2017
RCBA CLE - First slide It’s that time of year, for lawyers anyway, to make sure they are up to date on their continuing legal education hours, which includes the need for the all important 2.0 ethics credit hours. For our local readers who happen to be lawyers in need of such credits, the Ramsey County Bar Association has an amazing program for you entitled “Issues and Trends in the Ethical Use of Social Media and Technology. View Full Post
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The Careful Timing of Trademark Truncation

By | DuetsBlog | May 8, 2017
A recent stroll through a big box store opened my eyes to a brand of steel toe boots I hadn’t encountered before, take a look at the CAT that will be protecting my son’s toes this Summer: CAT is an excellent example of successful trademark truncation, a single-syllable truncated brand name for the four-syllable CATERPILLAR version (originally for heavy excavation equipment): By the way, I love how the brand intelligently employs both both versions (full and truncated) of the brand name on the goods and packaging for the goods. View Full Post
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Chartreuse Color Trademark Still On the Loose

By | DuetsBlog | May 1, 2017
Back in December we wrote about a trademark infringement case (Weems v. Plews) involving claimed exclusive rights in the color chartreuse as applied to various kinds of hoses. Since then, Plews has been busy trying to short circuit the case and have the unregistered (common law) trademark infringement claims dismissed, contending Weems did not adequately plead that the color is nonfunctional. View Full Post
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Here’s to Calling the Kettle, Brand Too?

By | DuetsBlog | April 24, 2017
The teapot read my post from last week and is not only calling the kettle black, but brand too: So, we’ll have to see whether saying it’s so makes it so, after we stir the pot a bit, of course. Like the previous Virginia Brand ham example, the chip packaging above prominently incorporates the word “brand” as does the two-word Kettle Brand trademark registration from 2015. View Full Post
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