The World’s Healthiest Trademark Puffery
Above the Law recently published a Techdirt story reporting that the USPTO denied Whole Foods‘ attempt to federally-register the laudatory trademark: “World’s Healthiest Grocery Store“. The Techdirt...
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Lawsuit Involving IP Protection for a Lamp
Last week a federal lawsuit was filed in Minnesota by Blu Dot to protect alleged intellectual property rights in the floor lamp shown on the left below. The accused “strikingly and confusingly similar”...
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Just Wait Until the USPTO Lays Its Hands on These Single and Dual Color TM...
Chou #1 Digitcare Chou #2 Chou #3 Chou #4 Avent Green Back in 2009, we wrote about what was then Kimberly Clark’s pair of single color purple trademark registrations in connection with...
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Chartreuse Color Trademark on the Loose
We’ve written a lot about single color trademarks here over the years. Weems, the owner of the Flexilla brand has unleashed its federally-registered chartreuse-colored non-traditional trademark for...
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Here’s to Calling the Kettle, Brand Too?
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...
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Are pretzel crisps crumbling into genericness?
Marketing types and legal types who review labels, be well advised to choose words used carefully. In other words, if you believe you own rights in Pretzel Crisps as a trademark, it’s not wise to use...
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Color Marks: Looking for Look-for Advertising
These lime green building sites caught my eye and jogged my trademark memory. First, the future home of the University of Iowa College of Pharmacy, at beam signing, on May 4, 2018: Second, the...
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A Zero Sum Game in the Trademark World?
We’ve had a lot of nothing — meaning zero, and the trademark meaning, if any, of zero — on our mind lately, so imagine my surprise to see this soap “brand” for the first time last week in a hotel: Not...
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Does this SOLD! and Design Sign Fail to Function as a Real Estate Service Mark?
A local real estate agent has argued that the above design is unique enough to make the SOLD! designation distinctive and registrable as a service mark for “information in the field of real estate and...
View ArticlePursuit in Series or Parallel?
Almost forty years ago, that question prompted me to rethink my engineering path after three semesters, knowing an electronic circuits lab awaited my fourth. Over winter break, thumbing through the...
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