Trademark Fraud in a Section 15 Declaration is now NOT a Basis for Cancellation of the Registration
DuetsBlog | Creativity & the Law
by Steve Baird®
5M ago
Since November 30, 2021, we’ve anxiously been waiting for the Federal Circuit to decide the Chutter appeal and determine whether the TTAB was correct in lowering the standard for proving trademark fraud from the far more difficult specific intent to deceive the U.S. Trademark Office standard under Bose, to the much easier to prove reckless disregard for the truth standard of Chutter. Today, the Federal Circuit issued its long anticipated decision, but in doing so, it did not decide the appropriate standard for trademark fraud question, or offer any guidance on that issue. Instead, it held “tha ..read more
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Trademarks and the First Amendment
DuetsBlog | Creativity & the Law
by Steve Baird®
8M ago
Couldn’t be more pleased and thankful to collaborate and share insights on the timely topic of Trademarks, Parody, and the First Amendment, with esteemed Professor of Law Christine Farley during our upcoming Strafford webinar on Tuesday July 25, 2023, at 1 PM ET, check out the details here, hope you can join us! The post Trademarks and the First Amendment appeared first on DuetsBlog ..read more
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Two Decades of The IP Book
DuetsBlog | Creativity & the Law
by Steve Baird®
1y ago
Time certainly flies while you’re having fun, and for me, the past two decades of serving as an editor and author for The IP Book and also as a planner for the Midwest IP Institute is no exception: In the 2022 IP Book you’ll find a lot of terrific content, including Tiffany and Molly‘s Trademark Modernization Act Updates, and Draeke‘s Trademark Failure to Function Update. The IP Book is available for purchase here, all proceeds go to Minnesota Continuing Legal Education, learn and enjoy at the same time. The post Two Decades of The IP Book appeared first on DuetsBlog ..read more
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Prince’s Purple Reign Lives On
DuetsBlog | Creativity & the Law
by Jake Abdo
1y ago
When you hear “PURPLE RAIN,” what’s the first thing that comes to your mind? An iconic album … A genre-defining film … The late musical genius from Minnesota… In a precedential decision, NPG Records, LLC and Paisley Park Enterprises, LLC v. JHO Intellectual Property Holdings LLC, 2022 USPQ2d 770 (TTAB 2022) (link), the Trademark Trial & Appeal Board (the Board) granted the Prince Estate’s[i] motion for partial summary judgment against a third-party application for PURPLE RAIN. Here’s a thumbnail sketch of the case: JHO Intellectual Property Holdings LLC[ii] (Applicant) sought to registe ..read more
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Short and Sweet Wisdom from Seth
DuetsBlog | Creativity & the Law
by Steve Baird®
2y ago
Over the weekend, Seth Godin shared some wisdom that resonated, In or out: Often overlooked is how uncomfortable it is to sit on a fence. Get in or get out. Wasting time sitting on the fence wastes far more time and emotion than you’d expend committing to something. I’d add to that sentiment, when you’re in the business of providing professional services, it’s a disservice to sit on the fence, not pick a side, or take a position. In a similar vein, here are some illustrations, shared over the last dozen years: J.D. Waffler: The Art of Taking a Position Yes, No, and the Ever Confusing Maybe ..read more
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The New Washington Football Name is “Commanding” Some New Attention
DuetsBlog | Creativity & the Law
by Steve Baird®
2y ago
The really big news that commanded attention was back in July 2020, when the NFL franchise near Washington, D.C. announced it would be “retiring the R*dskins name and logo.” You may recall this gem: NEVER Means Forever, Until it Doesn’t. Honestly, after two seasons of the team using the generic Washington Football Team name, I had wondered whether Daniel Snyder had given up on brands and if a new name ever would come, but today there is some news to report. As NPR has reported today: The Washington Football Team’s New Name is the Washington Commanders. Apparently the Today show broke the story ..read more
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Rapala Continues Fishing for Attention
DuetsBlog | Creativity & the Law
by Steve Baird®
3y ago
Over the past dozen years, we’ve been admiring Rapala’s annual creative billboard campaign that continues to maintain the same eye-catching look and feel. Love the white canvas, the red stylized Rapala brand name, the Original Floating lure, and a creative and often humorous attention-getting term or phrase in black ink, sandwiched in between (and hooked by) the lure and the brand name: In case you’re wondering, I’ve listed my 2021 favorites in order above, with “Smooth whopperator” receiving top marks, presumably blending an eclectic nod to this song and catching a “whopper” (or ..read more
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Some Thankful Reflections About 2020
DuetsBlog | Creativity & the Law
by Steve Baird®
3y ago
We can all think of and relive a multitude of reasons over the past year to embrace Dean’s timely #Flush2020 billboard ad as we prepare to ring in the New Year. We also can look for silver linings before we bid farewell to 2020, some glimmers of hope and thankful reflections to provide fuel for 2021, here are some of mine: Quality-time with our daughter when she studied remotely and still thrived; Trading my commuting time for coffee and conversation with my soul-mate; Two college graduations in our home and gainful employment that followed; Quiet times meditating in the hot tub under the st ..read more
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Hotels, Ice Cream, and Shoes as Canvases for Great Brands
DuetsBlog | Creativity & the Law
by Draeke Weseman
3y ago
Hotels, Ice Cream, and Shoes as Canvases for Great Brands   Seth Godin has written about how Nike is a great brand because we can imagine what a Nike hotel would look like.   So, let me ask a slightly weirder question: If Nike were an ice cream flavor, what would it taste like?   My guess would be something like a lemon zest sorbet, perhaps. (I’ll look for your best guess in the comments.)   Speaking of ice cream, Ben & Jerry’s is another great brand, like Nike.   Maybe you have a favorite Ben & Jerry’s flavor. Maybe it’s Chunky Monkey? My favorite is currently ..read more
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2020 Midwest IP Institute in the Books
DuetsBlog | Creativity & the Law
by Steve Baird®
3y ago
Hearty thanks to Colette Durst, Stephen Lee, and Susan Perera, for generously sharing their insights and perspectives about trademark nominative fair use. By all accounts, the Midwest IP Institute was a great success this year despite the limitations of delivering knowledge in a virtual format, thanks Zoom. Hearty thanks to Draeke Weseman for his great work in helping pull together Chapter 7 in the IP Book, which can be purchased here from Minnesota CLE. In case you missed it, here is my Trademark Nominative Fair Use of Another’s Logo post from March, leading up to the 2020 AIPLA Annual ..read more
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