Is there any more powerful brand than that of world’s-greatest-basketball-player-ever, M****** J*****? His uniform style saved the world from NBA short-shorts. People have killed for shoes with his name on them. Although he hasn’t played basketball since 1998, he made more than $100 million in 2014 for the use of his brand. And on Friday, a jury awarded M****** J***** $8.9 million for the use of his name in an advertisement for a grocery chain. The now-defunct chain, Dominick’s Finer Foods, published an ad that featured M****** J*****’s name and famous jersey number above a $2 coupon and a photo of a steak. M****** J*****’s management team […]
Read MoreArticles by: Bill Ferrell
Happy 100th Birthday, Coke Bottle!
This year marks the 100 year anniversary of the most famous packaging design of all time: the Coca-Cola bottle. In honor of the event, Robert Klara over at AdWeek has an excellent article on the history of the Coke bottle. According to the article, the iconic design was selected from attempts from ten glass companies to meet Coke’s demand for “…a bottle which a person will recognize as a Cola-Cola bottle even when he feels it in the dark. The Coca-Cola bottle should be so shaped that, even if broken, a person could tell at a glance what it was.” Earl R. […]
Read MoreLego People are Trademarks Too
Everything is awesome at Lego today. The General Court of the European Union has upheld Lego’s trademark on the design of the little people that come with their brick sets. The trademark was being challenged by Lego competitor Best-Lock (the real news here is that there are Lego competitors). The court found that the holes in the feet and legs of the figures did not have a technical function and were therefore proper subject matter for a trademark. Trade dress (for instance, the design of a package or a Lego person) can also be a trademark here in ‘Merica. Just like in Europe, […]
Read MoreOutlaw Trademark Issues
Last week, I wrote about how despite their less-than-savory reputations, outlaw motorcycle clubs are excellent role models when it comes to trademark strategy. It’s not surprising that trademarks are critical to these groups. The central purpose of belonging to an outlaw motorcycle club is the affiliation with the group as a whole. The trademarks of these clubs (called “colors”) signify this affiliation. Members of these clubs wear vests, called “cuts” that include the club’s colors as well as indicators of rank and geographic affiliation. If a member of a motorcycle club were not allowed to identify himself as such, he […]
Read MoreMotorcycle Gangs Hate Each Other, but Love Trademarks
The recent tiff between rival outlaw motorcycle clubs in and outside a Waco, Texas restaurant has brought biker culture to the forefront of the news cycle. Although it’s clear that these “one percenter” clubs may strongly disagree on control of territories, criminal activities, and codes of conduct, there is one thing nearly all the outlaw clubs agree on: the importance of trademark protection. As odd as it may seem, branding and the visual representation of a brand are critically important concepts in the world of outlaw motorcycle clubs. In fact, the names and insignia emblazoned on the patches of the […]
Read MoreTrump Intends to Make America Great Again
The Daily Mail is reporting that Donald Trump has asserted trademark rights in the phrase “Make America Great Again” against fellow Republican Ted Cruz. According to the article, Cruz has agreed to not use the phrase. Trump told the Daily Mail that slogan “is my whole theme.” But here’s the thing: Trump does not have a registered trademark for the phrase. You do not have to be using a trademark to apply for registration. The USPTO allows you to file an “intent-to-use” application. The application is essentailly reviewed like any other application. Once the application is allowed, however, you have six months to […]
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