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Reese for Sheriff?
Hat tip to Dave Taylor who provided this photo for some discussion: Looks like a fellow named Mark Reese, currenting Acting Sheriff, is running for Sheriff in Lancaster Country, Pennsylvania, right in...
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Taste Infringement?
We’ve spent some time here discussing the world-famous Coca-Cola brand. Most recently, David Mitchell wrote about the incredible consistency of the Coca-Cola brand over the past 125 years. A while...
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“We’re waiting for the rest of it . . . .”
Sixteen pairs of experienced computer users are asked to beta test your on-line product and each of them just stare at the screen until they are asked "what’s wrong?" They reply almost in unison,...
View ArticleIntellectual Property Plaintiff Admits to Being Ignorant?
About a week ago another interesting federal intellectual property case was filed in the District of Minnesota: Fantasy Flight Publishing, Inc. v. Puffin Software et al. Although the four count...
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Is Target Seeing Red Over J.C. Penney’s New Look?
When I moved to Minneapolis four years ago, I mentioned in passing that there was a noticeable lack of Wal-Marts in the suburbs surrounding the Twin Cities. I don’t have a particular affinity for...
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Lunesta and Stoogesta?
It appears that Lunesta (eszopiclone) — apparently, the top prescribed branded sleep aid – has a new fan, but as you’ll see, and hopefully for the Farrelly brothers, the newcomer won’t be...
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678 Ways to Leave a Motel Franchise?
There must be an infinite number of possible names for someone tasked with re-branding a motel, yet on a recent trip to Iowa City to interview an amazing pool of law students, I captured some photos of...
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Successful Evolution of an Unlicensed Business Model?
Brand owners and managers may wonder, is a trademark license required when another’s unregistered color scheme is used? Depending on the facts, it may very well be. About four years ago brand owners...
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Inherently Distinctive Restaurant Interior?
We recently focused our attention on a very unique-looking, dare I say distinctive, retail store exterior design; for a quick reminder, see here. The recent craze for self-serve frozen yogurt shops –...
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Supreme Court Upholds Nike’s Promise to “Break the Wrist, and Walk Away”
Not every day does the United States Supreme Court weigh in on a topic impacting the trademark world, but it did so yesterday in Already, LLC v. Nike, Inc., a case illustrating what can happen when a...
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The Not-So-Happy Place of Genericness
Restaurant trade dress is possible to own when the claimed trade dress is distinctive and non-functional, think Taco Cabana. Restaurant trade dress can be so unique in the marketplace that...
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McDonald’s Trade Dress? State Farm is There.
Passing by a roadside billboard recently (below is a miniature version I found in the Minneapolis skyway system), my first thought was, wow, McDonald’s is getting into the juicy lucy business: Until...
View ArticleProtecting Non-Functional Product Design Features Through The Entire Life...
- Jeffrey Stone, Patent Attorney, Winthrop & Weinstine, P.A. IP protection for product designs is typically found in a combination of one or more of the following protective mechanisms: 1....
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A Pair of Cheesehead Trademarks to Grate?
As a frustrated and bored Minnesota Vikings fan, Monday Night Football last evening caught my attention with the division battle between the Green Bay Packers and the Chicago Bears. In case you missed...
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A Hot Trademark, Cooling Off?
- Draeke Weseman, Weseman Law Office, PLLC Recently, Steve wrote a piece about the branding at a Saint Paul Vietnamese restaurant named iPho. Pho is a popular, traditional Vietnamese street food – a...
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Owning a New Look Through Advertisements
We’ve spilled a lot of digital ink on the importance of “look for” advertising when a brand owner wants to legally own a non-traditional trademark like a single color, or perhaps the shape of a...
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A Window into the Future for Apple’s Trade Dress?
A few weeks back, Steve discussed Apple’s recent applications to register a trio of non-verbal trademarks, shown below: (Each image links to the corresponding application on file with the U.S. Patent...
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How Many Hours of Energy Do You Need to Protect a Brand?
- Draeke Weseman, Weseman Law Office, PLLC The reason Bhargava has won is that he plays tough. Sitting in that cemetery are a dozen or so neon copycats with names like 6-Hour Power and 8-Hour Energy....
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Will Montana-Based Victory Energize Win Its “Trademark Bully” Charge Against...
Last week more allegations of “trademark bullying” appeared in the headlines. This time, Victory Energize, an energy drink company based in Missoula, Montana, is calling out Monster Energy for sending...
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When is a Flavor/Taste Trademark Possible?
Are your intellectual taste buds craving more discussion of non-traditional trademarks? It’s not every day we have the opportunity to write about a restaurant’s claimed trademark protection for the...
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