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Update: “Square Donuts” Dispute Headed to Settlement

Earlier this year I posted about a trademark dispute regarding the use of the term “Square Donuts” for square-shaped donuts. The case involved proceedings both in federal court and at the Trademark...

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The Death of the Supplemental Register?

Let’s all hope that the Supplemental Trademark Register is not on the death watch. It appears though to be on life support, at times, and especially with the USPTO’s heightened focus on “merely...

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What Does Entrepreneur Mean Anyway?

Let’s be very clear, today is April Fools’ Day, but this is not an April Fools’ Joke. It’s not every day Seth Godin volunteers a guest post, but Thursday was that day. Friday we published Stop Bullying...

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Will Religious Matter Be The Next Constitutional Challenge to Trademark...

When thinking about brands comprising religious matter, I think of EZEKIEL 4:9. The EZEKIEL 4:9 brand has been registered as a trademark for bread since 1990. The brand owner had to clear some chaff...

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Thin to Lose?

One of my friends, when playing blackjack and asked to “cut the deck” after it has been shuffled, consistently admonishes without hesitation: “Thin to win.” Given the trademark story for today, you may...

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Brand Verbing Rolling Out of Control?

Since the origin of trademark use guidelines, there has been immutable, black and white legal direction against using brand names (and the trademarks that protect them), as nouns or verbs. If you’ve...

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“Then it popped,” Louboutin’s Contrasting Red Sole Trademark

A week ago, over at The Fashion Law, an Independent Source for Law, Business and Culture, an enjoyable trip down memory lane was published about the history of trademark protection regarding...

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Hot Pockets, Strategy and the Right-Sizing of Trademark Protection?

We’ve covered many trademark and brand management themes over the last eleven years, this falls in the category: The Right-Sizing of Trademark Protection? As reports emerge about the recent...

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Just Add a . . . Suggestive Trademark?

Shelter in place has delivered attention to meal delivery, prepared food delivery, contactless delivery, not to mention DIY food products, so this Kraft television commercial led me to explore if there...

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Introducing the (Wuhan) Gong Show?

Photo Credit: G. BairdThe Gong Show was a quirky and absurdly amusing talent show from the 70s. It was created, produced, and hosted for a number of years by Chuck Barris. The gong was beaten by one or...

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