DuetsBlog

Collaborations in Creativity & the Law

Readers of this blog may recall that in the past year, I wrote extensively about the U.S. Supreme Court case of Oil States v. Greene’s Energy. But I paid little attention to another important case decided around the same time: SAS Institute v. Iancu. Oil States centered on whether the USPTO’s inter partes review (“IPR”) process (challenging a patent at the USPTO, rather than in court) was constitutional. SAS followed up with a seemingly less-pressing issue: whether, when the USPTO…
Trademark owners should beware of a scam involving the Amazon Brand Registry. There have been several reports of rogue users exploiting the Amazon Brand Registry through the unauthorized modification of trademark registration records at the U.S. Patent and Trademark Office (USPTO). These scammers are submitting fraudulent requests to change the email addresses for trademark registrants, and thereafter, updating the brand ownership records with the Amazon Brand Registry. As we have previously discussed, trademark…
It all started here, nearly ten years ago now, with our inaugural DuetsBlog post called Dr. No and the Parade of Horribles. We used a Seth Godin post called Looking for Yes as our launchpad. The rest is history. Seth revealed himself a fan of the blog on our 4th birthday, what a surprise. He generously has engaged with us since then, weighing in on topics ranging from branding to trademark
As the drum beat grows for our interview of Seth Godin tomorrow, it is only fitting that we are reminded of the importance of embracing tension and the ruckus we’ve set out to make here. Seth’s fabulous and penetrating new book called This is Marketing, will be released tomorrow, no doubt another best-seller, a must-read for any lawyer who cares to make change for the better. Until then, thanks again to Fred McGrath for…
Throughout our nearly decade-long journey and exploration called “DuetsBlog,” we have been blessed and we remain grateful to have met so many incredible new friends along the way. Next Tuesday, we have the remarkable privilege of publishing here on DuetsBlog an interview with Seth Godin, a generous person, overflowing with thoughtful insights and valuable perspectives. In the meantime, many thanks to Fred McGrath for his interest and generosity in sitting down with me to capture a conversation…
  An NFL team and an NBA team are duking it out over trademarks with the word “UPRISING” to be used with eSports. What is eSports you may ask? It is professional competitive video gaming. Anyone with a teenager has probably heard of Fortnite. Fortnite is a world-wide phenomenon. Over three nights during TwitchCon (which is a Fortnite competition), Fortnite averaged around 65,000 viewers per day across Twitch, YouTube and Facebook. However, there are also…
–James Mahoney, Razor’s Edge Communications Every now and then, I find pearls floating in the tide of print advertising. These two, for example. First is the Kiton ad, one of a series the company is running. I liked the whole look and feel of it right away, but didn’t know anything about the company. I like it even better after doing a little research and learning that Kiton prides itself on its fabrics and the…
A loyal reader brought to our attention the logo for a rather interesting chiropractic practice: Without too much pain, can we all agree on the likely inspiration for the above name and logo? What’s really interesting is that the name Thorassic Park has been federally-registered since 2004, so there is little doubt that the names may co-exist without likelihood of confusion or dilution. But, what about the visual identities? Don’t they seem far…
We’ve been stalking Kevin O’Leary’s nutty Mr. Wonderful trademark application, for a while now. In April, we thought the USPTO would refuse registration of Mr. Wonderful for nuts, based on this: In June, we were shocked to see the USPTO missed issuing the obvious refusal, and in August, we noted and reported that The Wonderful Company LLC had filed an Extension of Time to Oppose. Just last month, O’Leary’s trademark counsel…
– Mark Prus, Principal, NameFlash Last year I wrote a “Change Your Name Already” blog post about Overstock.com on DuetsBlog which described the painful way that Overstock.com was trying to communicate that their name did not fit what they were doing as a business…”we are so much more!” My response was to politely suggest that they call me to help them find a new name that did fit their business model. Recently MailChimp launched…