“Here in right field, it’s important you know. You gotta know how to catch, you gotta know how to throw.” “Right Field,” Music and lyrics by W. Welch Aaron Judge plays right field for the New York Yankees. Last season, he hit 62 home runs, the most ever by a Yankee. That’s right. More than Maris. More than Ruth. More than Mantle. And certainly more than Horace Clarke (if you get that reference, you, like me, grew up during those dark, joyless days when the once-vaunted pinstriped squad that had accrued World Series rings like our mothers collected S&H Green Stamps had fallen on fallow tim ..read more

“When I was young I remember well, I’d hunt the wild Turkey and the bob-white quail.” Lord Have Mercy On A Country Boy, by Don Williams I’m no country boy. I grew up in a small rusting city where hunting was rare and wild turkeys unknown. For us, Thanksgiving meant one main course and one brand-Butterball turkey. It felt like having a Cadillac on the dinner table. The bird came rock frozen and seemingly needed an ice age to defrost. That responsibility fell to our mother, who had a savant’s knack for nursing the glacial slab of poultry into a crisp and juicy delicacy, ready for carving with t ..read more

“Regrets, I’ve had a few. But then again, too few to mention. I did what I had to do. And saw it through without exemption.” My Way Music and Lyrics by Paul Anka For the past 40 years or so, give or take a few forays into patent law, my professional world has revolved around brands, symbols, logos, and colors–source identifying devices that we collectively define as “Marks.” But on Father’s Day 2020, my thoughts turn to a Mark of different sort, my dad, Mark Litowitz, who died earlier this year after a short illness, just one day shy of his 91st birthday. As the above lyric from “My Way” hint ..read more

“Whatever you do don’t be discouraged. Hear the words that I say. Something’s comin’ around the corner. This could be your lucky day.” Lucky Day by The Stone Coyotes The copyright guru Arthur Levine is famous for his arsenal of jokes. Most earn solid laughs. Some reach higher heights, rising to iconic status. So it is with Art’s tale about one Morris “Lucky” Goldberg. Here’s the Cliff’s Notes version: Walking down Main Street a man spots his old friend Morris Goldberg on the opposite sidewalk, who he hasn’t seen in a year. The man cries out. “Hey Morris Goldberg.” Goldberg waives him off, “th ..read more

“So if you’re gonna do, then baby, just do it.” Just Do It Julia Michaels Nike It’s been a good fortnight, brand-wise, for one of the world’s best-known brands. First, during the NFL’s strangely compelling virtual draft, with all the coaches and GM’s hunkered in basement bunkers, a canine cameo by Patriot’s coach Bill Belichick’s Alaskan Klee Kai became an Internet sensation. The pup’s name? Nike. As if the sports footwear and apparel giant needed help. A brand that generates all the goodwill money can buy got a free boost from a virtual viral video “aww” moment that only happened because a vi ..read more

“If you got a mind to, you can sing. If you got a body, baby, shake that thing.” Name Droppin’ Ray Wylie Hubbard, from the album Growl Pitbull The news in trademark litigation land last week was fairly dull. Sure, the Supreme Court handed down a rare decision on trademark law–a unanimous one at that. But it concerned an arcane split among the regional circuit courts about when a trademark plaintiff can recover an infringer’s profits. Some courts had only allowed what’s known as “disgorgement” when the infringement was willful. Other courts had a more liberal standard, where willfulness was not ..read more

“Tempted by the fruit of another. Tempted but the truth is discovered. What’s been going on now that you’ve been gone.” Tempted, music and lyrics by Glenn Tilbrook and Chris Dilford, performed by Squeeze Mr. Whipple What’s been going on since this advertising legend left us is practically a national disgrace. Desperate shoppers from coast to coast have been hoarding Charmin and every other brand of toilet paper known to mankind—even Euro-grade single ply. There’s no shortage of supply. Just raging demand provoked by FORO—fear of running out in the age of shelter in place. Five weeks into Covid ..read more

“Persuaded, paraded, inebriated, and down Still aware of everything life carries on without ‘Cause there’s one too many faces with dollar sign smiles”. Whiskey Bottle, Uncle Tupelo For decades, parody and trademarks have had a fraught relationship, particularly when it come to the interface between human brands and products for man’s best friend. Back in the 90s, the luxury chocolate maker Godiva sued over a dog treat named Dogiva. And some years later, the luxury clothier and luggage maker Louis Vuitton sued over a brand of dog treats called Chewy Vuitton. Last week, the latest decis ..read more

“Oh what can I do, my Buccaneer? Can you help me get my truck in gear?” Island of Lost Souls, Blondie At the end of the 2019 NFL season, the handwriting seemed on the wall for the New England Patriots. Coach Bill Belichick, impatient with failure, seemed ready to move on from his 6 time Super Bowl champion quarterback. And the quarterback himself began signalling that his days of throwing soul-crushing strikes to the likes of Julian Edelman and “Gronk” at Gillette Stadium were coming to an end. But not his career. Down south on I-95, Super Bowl nemesis (and for many outside of Big Blue nation ..read more

“Greensleeves was all my joy, Greensleeves was my delight,Greensleeves was my heart of gold,” Greensleeves, traditional As we head towards Easter Sunday having polished off the last of the Manischewitz from Passover, the void left in our daily lives by Covid-19 continues to expand exponentially, like the virus itself. Working from home and self-quarantining, mired in Netflix, Amazon, and Hulu, the absence of professional sports from our TV and news landscapes feels particularly stark this weekend. In normal times, sports fans would be feasting not just on Passover brisket and Easter lamb, but ..read more