chew on this
Posted by Mark J. Miller on January 26, 2015 11:19 AM
Cadbury has already alarmed chocolate fans with fears that changes to its iconic, Easter-ready Crème Eggs would trickle overseas.
While Mondelez-owned Cadbury is trying to calm those fears at home in the UK, including releasing a new commercial promoting the limited-edition creamy egg concoction, America's Hershey chocolate conglomerate "won kudos for not changing Cadbury's Crème Egg recipe after the UK's decades-old version was tinkered with," as Fox News puts it.
It turns out that overseas chocolate lovers, at least in the US, have cause to worry after all, because Hershey is no longer willing to share shelf space in America with British chocolates that have any resemblance to its products whatsoever.Continue reading...
Posted by Nicole Briggs on January 7, 2015 12:29 PM
Knockoff Chucks: Converse's Chuck Taylors are recognized around the world—and the company is no stranger to lawsuits. In fact, they have gone up against major retailers such as Walmart, Kmart and Sketchers in a bid to protect the iconic sneaker design. Now, however, it's Converse that's the brand being chased.
New Balance is after the Nike-owned brand with its bid to cancel the same trademark registration that protects Converse from infringers. New Balance is taking issue with "the combination of a toe bumper, toe cap, and striped midsole, U.S. Reg. No. 4,398,753, because the claimed features are either ornamental or functional and cannot serve as a source identifier, or at the very least, such features have not and cannot acquire secondary meaning."
New Balance feels the features are distinguishable and shouldn’t be protected. What do you think?Continue reading...
Posted by Nicole Briggs on December 24, 2014 03:02 PM
Monster Is a Monster: Monster Energy has reportedly filed over 50 trademark-related Notices of Opposition with the TTAB of the USPTO in 2014. Well known as a beverage company, Monster has been on a rampage in the clothing category, trying to block MONSTER CLOTHING CO., MONSTER BUCK, MONSTER RACKS, and CAMP MONSTER. And it doesn’t stop there: the beverage company has also been out to take down Monster Cables as well. Can we all just get along? Or better yet co-exist just like Delta Airlines and Delta Dental or Dove chocolates and Dove soap?
Smoke and Coke: Bad news—if you’re in New Zealand over the holidays you won’t be able to order a “Smoke and Coke" cocktail. Coca-Cola put a stop to Stolen Rum for using the name due to infringement. Coca-Cola also prohibits anyone from using its name to promote alcoholic drinks. It might be a great name, but Coca-Cola just isn’t interested in playing in that category.Continue reading...
brand and bottle
Posted by Mark J. Miller on December 23, 2014 02:16 PM
Among other benefits, some in the branding world are hopeful that the opening of talks by the White House aimed at "normalizing" U.S.-Cuban relations may mean that Americans will soon be able to swim in a river of Cuban-made rum—although they can keep their swimsuits packed away while the legal issues are worked out.
As it now stands, American citizens cleared to visit Cuba may bring back $400 worth of goods. However, only $100 of that can be alcohol and tobacco. It remains unclear when or how that will change. But what is certainly bound to change soon is the number of visitors from the States making their way to Cuba.
Since 2011, Americans have only been allowed to visit the country on educational trips. But the Associated Press reports that those stringent rules will be loosened thanks to the White House's opening of relations, which could mean a big boost to the tourism industry in Cuba, not to mention the rum makers.Continue reading...
Posted by Mark J. Miller on December 22, 2014 02:02 PM
A Vermont artist who has been battling with Chick-fil-A for three years over a trademark issue has finally emerged as the victor.
The food chain wanted Bo Muller-Moore to stop silk-screening "Eat More Kale" onto T-shirts, sweatshirts and bumper stickers, due to worries that those few consumers that crossed paths with Muller-Moore would confuse his work with the company’s bovine "Eat Mor Chikin" slogan.
But last week the USPTO approved his trademark application to use the slogan, meaning Muller-Moore has won the battle—and the right to keep on making the merchandise and ignore the company’s cease-and-desist letters.Continue reading...
Posted by Courtney Cantor on November 21, 2014 05:10 PM
What the….Fresh?! There is a frosty chill in the air as the “Icy Cool Breath”-maker Wrigley tries to block fellow gum maker and competitor Perfetti van Melle from registering the trademarks “WTF” and “What the Fresh” in the U.S. Wrigley is concerned the marks could be confused with its Winterfresh brand, and claims that they are too similar. Maybe Perfetti is treading on thin ice, but would you be confused?
Jaguar’s On the Road to EV Town: Or so we think. Recall that “Intent to use” trademark registrations filed at trademark offices around the world allow peeks and guesses as to a company’s future endeavors (remember Apple filing for Apple Watch in Trinidad and Tobago?) On October 30th, Jaguar sparked rumors when it filed for the mark “EV-type.” Auto experts seem to think the combination of “EV” and “-Type” mark a potential move into electric vehicles. We can’t be sure, but we’ll keep our eyes on the road for further indications.Continue reading...
Posted by Shirley Brady on November 7, 2014 02:26 PM
Crayola Sees Red Over Crayons: Hallmark Cards' Crayola brand filed suit in Kansas City (Hallmark's hometown) on Nov. 4 accusing New Jersey-based Alex Toys of using its name. The case involves the use of the word "crayola" on Alex's crayon wrappers and packaging such as the crayon tub above. Crayola wants any Alex materials using its trademark destroyed and a monetary reward for damages and legal fees.
According to the suit, "The CRAYOLA mark has been used since at least as early as June 31, 1905 by Crayola and Crayola’s predecessors in interest with respect to the CRAYOLA marks on goods including, without limitation, crayons, chalk, crayon sharpeners, markers, modeling clay, art kits, art supplies, art materials, and many others. The CRAYOLA mark was coined by Alice Binney, the wife of company co-founder Edwin Binney, from 'craie,' the French word for chalk, and 'ola,' from 'oleaginous,' meaning oily." Now you know.Continue reading...
Posted by Jerome McDonnell on October 31, 2014 04:41 PM
Dunkin’ Donuts settles the Cronut debate, calls it like it sees it: In this case, the chain's croissant-doughnut hybrid is definitely not a Cronut, which we all know is the trademark of Monsieur Dominique Ansel. Rather, Dunkin' Donuts decided on a purely descriptive naming approach, and christened its new pastry the “Croissant Donut.” While Ansel received plenty of criticism for asserting rights to the word Cronut, this situation serves to perfectly illustrate what a trademark is and is not. A trademark is a name associated with a specific product from a particular provider; it is not an attempt to monopolize the actual product or how that product can be made. As Ansel puts it on his Facebook page, “McDonald’s has a burger named the Big Mac and Burger King offers one known as the Whopper. Neither prevents the other from serving up a hamburger.”
Meanwhile, brand and trademark folk will gladly weigh in on the merits of “Cronut” (a suggestive name) vs. “Croissant Donut” (a purely descriptive name). While there should only be one Cronut for this type of pastry, the Dunkin’ Donuts “Croissant Donut” will have to contend with versions from Jack in the Box, Japan's Mister Donut, Rich's Food Service, Disney (available at Epcot), and Moe's Doughs Donut Shop in Brooklyn—to name just a few. Continue reading...