When is a Duck a Goose, or a Ham a Brand?

By | DuetsBlog | April 17, 2017
VirginiaBrandHam Every once in a while, the word “brand” appearing on product packaging surprises me, because my earlier understanding of the word preceding it spells generic, not brand. Just like the above. Shopping in Whole Foods this past weekend, the above shown VIRGINIA BRAND designation called out like a neon sign from behind the glass of the meat counter, so I had to capture the image. View Full Post
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Aaron Keller Explains the Physics of Brand

By | DuetsBlog | April 11, 2017
AaronKeller3 AaronKeller4AaronKeller1 AaronKeller2 We enjoyed connecting with our many friends at Fuse 2017 last week in Miami Beach, and experiencing the larger-than-life Martha Stewart and the living display of her fearless brand. One of the many Fuse highlights was experiencing Aaron Keller explain the Physics of Brand, Capsule’s third book — this one Aaron Keller co-authored with Renee Marino and Dan Wallace. View Full Post
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April Thanksgiving for Ron’s March Accolades

By | DuetsBlog | April 3, 2017
JustiaTopIPBlogs4-2-17 Imagine my surprise as I was scanning some recent posts from some of the leading IP blogs — multitasking while watching the Zags beat South Carolina on Saturday evening — to find my brand name in the title of Ron Coleman’s recent post on his famous Likelihood of Confusion blog: “Steve Baird makes trademark blogging SNAP, crackle and pop” Was this some kind of sick joke, the April Fools variety? View Full Post
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What Does Snapchat Need to Be Identified?

By | DuetsBlog | March 27, 2017
My daughter captured this striking photo on a recent trip to Times Square in New York City: Here is my less-artsy close-up of the same advertising, to focus in on the Snapchat logo, complete with its rounded-corner square border and dot matrix surrounding the ghost shape: What do you think, should we add the ghost to the list of Singular Iconic Non-Verbal Logos? View Full Post
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USPTO Pulling Up the Ladder On Picture-Word Equivalency in Assessing Trademark Rights?

By | DuetsBlog | March 20, 2017
A recent stroll through the Minneapolis skyway and the above construction billboard reminded me that we haven’t discussed the picture-word equivalency doctrine in trademark law for some time. Judging from the supersize nature and precise placement of the ® federal registration symbol next to the ladder logo shown above, you’d think that City National Bank is the proud owner of a federal service mark registration for the ladder logo — standing or leaning all alone — inconnection with banking and financing services. View Full Post
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Stripe Three, Adidas Called a Trademark Bully

By | DuetsBlog | March 7, 2017
Trademark bullying allegations are in the news again. Not only is Forever 21 calling Adidas a trademark bully for asserting rights in the three stripe design mark, it is asking a federal court to say it has not done anything wrong and award it fees: “Tired of operating with a cloud over its head with regard to its right to design and sell clothing items bearing ornamental/decorative stripes, and unwilling to stop doing something it has every right to do and pay a bully to leave it alone, Forever 21 has decided that enough is enough. View Full Post
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Congratulations to Howard University’s 2017 McGee National Civil Rights Moot Court Team

By | DuetsBlog | February 27, 2017
HowardMcGeeTeam It’s not every year that participants in the William E. McGee National Civil Rights Moot Court Competition need to understand the various nuances of federal trademark law. Yet, with the Lee v. Tam case pending before the U.S. Supreme Court, and Section 2(a) of the Lanham Act hanging in the balance, this was such a year for more than fifty competitors. View Full Post
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