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Posts Tagged ‘non-traditional trademarks’

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15
Apr

The Masters’ green jacket – a very well known, valuable trademark that is unregistered

Posted by ipelton on: April 15th, 2013

Last night, Adam Scott won the Masters golf tournament and millions watched as he put on the green jacket which is awarded to the champion. The green jacket is one of the most famous symbols in sports.  And it is not a registered trademark!

The green jacket is a tremendously valuable asset of the Masters. It is unique. It is legendary. It is rare – only one is awarded each year. And it is symbolic of the tournament, which is itself symbolic of the start of spring. But it is not a registered trademark!

Adam Scott after winning the Masters. Scott shot a three-under 69 on Sunday, with another Australian, Jason Day, finishing third, two strokes back.

photo of Adam Scott in the green jacket by Mark Blinch/Reuters

I believe that Augusta National, Inc. has missed a huge opportunity. Non-traditional trademarks include sounds, colors, shapes, and the like. And a uniform design or the configuration of a championship trophy can be registered as a trademark with the USPTO. For example, the uniforms of the Dallas Cowboy cheerleaders are registered trademarks. The blue turf of the Boise State football field is registered. The configuration of the Heisman trophy is registered. As is the Stanley Cup and many other awards.

And the absence of a registration for the trade dress configuration of presenting a green jacket to the champion of a golf tournament is shocking. Such as registration would not prevent others from making green jackets for consumer use, but it would provide more protection for use in connection with golf tournaments. And it would add to the lore of the jacket and to its value as a symbol and an asset.

Below is a list of the trademarks owned by Augusta National. Note that they include protection for the phrase “GREEN JACKET” but not for the jacket itself. Perhaps next year the winner will be awarded a green jacket that is a registered trademark?

Masters Trademarks owned by Augusta National, Inc.

 

11
Mar

Selfridges department store in UK demonstrates power of brands – even when brand names are removed

Posted by ipelton on: March 11th, 2013

A recent experiment by a UK department store, Selfridges, removed the brand names from items in an entire section of the store. The promotion – called No Noise – showed that sales did not decrease. And consumers still knew what they were getting.  Because iconic, successful, well-branded items are recognizable based on much more than a name. For example, consider these brand elements:

  • Levi’s – red tag, pocket stitching, logo shape
  • Heinz ketchup – bottle shape, label keystone shape

The idea is fascinating. By de-cluttering the store – and the displays – it may make decisions easier for customer in some way, which could boost sales or provide a more pleasurable shopping experience. Of course, the current trend in retail in general is in the opposite direction – bombarding the consumer with brand impressions as much as possible.

The key lesson for me in this is how recognizable these brands are even without their brand names., which is a true compliment to the brand owners.

image from Bonnie Alter/CC BY 2.0

 

Related articles/links:

No-Noise at Selfiridges

The Brandless Brands

No Logos and no Noise allowed at UK Department Store

UK Retailer Selfridges Promotes “No Noise,” No Brand Concept

19
Feb

Award trophy configuration trademarks

Posted by ipelton on: February 19th, 2013

Three dimensional shapes can be trademark.  Product packaging (the Coca-Cola bottle!), building designs (the top of the Chrysler Building!), and even product shapes can all be protected if they are unique and non-functional.

Award trophy shapes can be protected as well.  Thanks to Ed Timberlake of Timberlake Law for a recent tweet during the Grammy Awards noting that the Grammy award did not appear to be protected in three dimensions. Which got me thinking about those awards that are protected. Here is a list of well known awards with registered trophy configuration trademarks that I came up with, let me know if you find any others to add (click awards to open USPTO records):

11
Feb

Monopoly’s trademark monopoly: Boardwalk, Free Parking, Go To Jail, Title Deed and More

Posted by ipelton on: February 11th, 2013

Hasbro / Parker Brothers was in the news last week with the announcement of a new Monopoly playing piece. Monopoly is protected by a plethora of US trademark registrations. Of course, a trademark registration does not grant the owner a true monopoly. But it does grant a powerful swath of rights to the owner.

The owners of Monopoly have done an amazing job of registering it at the USPTO.  Of course, millions of sales and decades of use make registered some of the game trade dress easier.

Here are some of the Monopoly® trademarks (click mark or design for USPTO records):

 

11
Jan

Louboutin – YSL red shoe sole dispute isn’t over

Posted by ipelton on: January 11th, 2013

Less than two weeks ago I wrote about the District Court in the dispute between Louboutin and Yves Saint Laurent entering an order that resolved the case. While the dispute in the courts appears to be over, the dispute continues at the USPTO, and not in a usual forum such as the Trademark Trial and Appeal Board or an ex parte examination.

The dispute at the USPTO is before the Office of the Solicitor. The Associate Solicitor notified the parties by letter  on January 20, 2012, of the USPTO’s intention to modify the description of Louboutin’s red sole registration to read [new wording in bold]:

  • The color(s) red is/are claimed as a feature of the mark. The mark consists of a lacquered red outsole on footwear that contrasts with the color of the adjoining remaining portion of the shoe (known as the ‘upper’). The dotted lines are not part of the mark but are intended only to show placement of the mark.

Now, both Louboutin and YSL have responded to the notice from the Solicitor’s office. YSL agrees with proposed language. Louboutin’s attorneys believe it goes to far. They propose the following wording [modification to registration in bold]:

  • The color(s) red is/are claimed as a feature of the mark. The mark consists of a lacquered red outsole on footwear that contrasts with the color of any visible portions of the shoe. The dotted lines are not part of the mark but are intended only to show placement of the mark.

The Solicitor’s office is left to interpret the language of the option from the Second Circuit Court of Appeals and decide what language is appropriate. The letter’s from counsel for YSL and Louboutin present very interesting discussions about interpreting the meaning of the Circuit Court’s decision and how far it went. See below for the full letters.

Food for thought: once the Solicitor’s office reaches a final decision, can it be appealed by one of the parties? To the District Court? The Second Circuit? The TTAB? The Commissioner’s Office? Somewhere else? Confession: I don’t know the answer.

2013-01-04 Louboutin Letter to USPTO by Erik Pelton

2013-01-08 YSL Letter to USPTO by Erik Pelton

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