Stand for Something…or Fall for My Perfume

Speaking at the Deutsche Bank Global Consumer Conference, Unilever’s CEO Alan Jope said: “We believe the evidence is clear and compelling that brands with purpose grow. In fact, we believe this so strongly that we are prepared to commit that in the future, every Unilever brand will be a brand with purpose.”  That seems to … Read more

Duke vs. Duke – The Epic Trademark Battle That Never Happened

Alright everybody, file this one under: “Wow, he really likes video games and cartoons.” After my last fun post about Crazy Taxi, I got to thinking about two more great characters from my childhood – Duke Nukem (of Apogee \3d Realms fame) and Duke Nukem (Captain Planet’s radioactive nemesis). How could two identically named characters … Read more

Permission to Come Aboard

Lots of events have sponsors. Sometimes to be a sponsor, a company or individual pays a fee or provides in kind services. In return, the event or organization tells their audience who is supporting them in the endeavor. Sometimes, it is hard to tell when an entity is being supported by another. This always becomes … Read more

FUCT Marks are Allowed

According to statue, someone could not register a trademark if it “[c]onsists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or a geographical indication which, when used on or in connection … Read more

Is This Something?

Much like Letterman used to ask, “Is this anything?“,  clients often ask “Is this a trademark?” The answer to that depends on the answers to the following questions: Is whatever it is connected to the good or service being sold?  Will the customer see your product and the proposed mark together at the time they … Read more

Top Marks For Serving Goods

Companies use words, designs, logos, colors, sounds and smells to help customers find and remember the company’s wares.  If you want to buy a cold, caffeinated, carbonated beverage, you may choose a distinctively shaped bottle with cursive writing.  If you are looking for tax preparation services that has its own online software, you may choose … Read more

That’s Some Pig

In order to obtain a trademark registration, you have to show your mark actually being used on the goods or services being claimed in the application.  It’s called providing a specimen of use.  Sometimes, that is really easy.  Nike claims their “Swoosh” on shoes, and there it is on the side of the shoe (and … Read more

Letter Full of Lemons

Oh, no! This company says we are infringing their trademark.  They say we need to stop by, wait, that date has already past.  They say they are going to sue!  Well, %#@$, now what?  First, take a deep breath.  Then, you can set a course of action (or inaction). Whether it comes in an envelope, … Read more

Maybe Not A Text Message With Emojis

Last week, we talked generally about cease and desist letters.  But, when do you actually send them and how? By whom? The answer was hinted at last week, and it boils down to my two favorite words:  It depends.  So let’s go into what it depends upon. When do you send one?   First, you send … Read more