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New Zealand Law Firm

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Multinational Pharmaceutical Company

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Large Food Company

"I also thank you for your dedicated support to our company during 2011 and look forward to a fructuous collaboration in 2012."

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Blog Feed

  • Trademark Fight Over “Eau Rouge” Pits Race Track Against CarmakerThu, 10/23/2014 - 12:11

    Automaker Nissan’s effort to trademark the name of its concept car, the “Eau Rouge,” has caused some consternation on the auto racing circuit. “Eau Rouge” happens to be the name of one of Formula One racing’s most famous turns at Belgium’s Spa-Francorchamps circuit.

    Nissan’s U.S. trademark application in International Class 12 (automobiles) will be published for opposition on November 4 and media reports say that the Belgian racetrack will contest it. Pierre-Alain Thibaut, director of the Spa-Francorchamps circuit, told Bloomberg: “It’s like they want to steal the brand from the circuit … We consider it exactly the opposite of fair play.” Spa-Francorchamps owns the European Union trademark for the Eau Rouge name.

    The Eau Rouge (or Red Water) is an Infiniti Q50 prototype that Nissan is still testing before it decides whether to actually put the car into production. Automobile Magazine, which called the car “quite the Frankenstein,” quoted Nissan’s vice president of vehicle design and development as saying, “There are still many questions about the business case.” Infiniti’s President Johan de Nysschen told Motor Trend that the price of the car could reach $100,000.

    Take a listen to what a 560bhp engine sounds like:

  • Millennials Want Brands to Be Their FriendsMon, 10/20/2014 - 20:06

    Way back in 2010, we wrote about a study that showed that Millennials didn’t feel particularly strongly about … anything. At that time, they didn’t have much love or hate for any particular brands. Apparently that’s changed because a new study shows they’re now feeling strong connections to brands, especially those that listen to them and help them become a better person, just as if brands they were friends.

    “This generation is looking for brands that help them become something more than their regular selves. Provide a high-quality product or service that helps them look cool and Millennials will return the favor with their recommendations and purchasing power,” according to Norty Cohen, founder and CEO of Moosylvania. Millennials now favor brands that promote positivity and social responsibility.

    Featured at the top of the “most beloved” brands in the 2015 Top 50 Millennial Brand Ranking Report by Moosylvania were Nike, Apple, Samsung, Sony, and Walmart.Some of the newcomers on this year’s list include fast food chains Wendy’s and Pizza Hut, along with Sprint, Chanel, and Honda. Dropping out of the Top 50 were Facebook, Old Navy, and PlayStation, among others.

    The study highlighted that Millennials enjoy a lot of personal interaction and brand experiences. Moosylvania’s Cohen said: “Millennials are not just consumers – they’re friends. They trust friends who listen to them, are open and honest, remember their names, are consistent and stay true to who they are.”

    A study released this past summer revealed that Millennials are largely responsible for making private label or store brands “cool.” That’s because most of them are on a budget and don’t connect “cool” with luxury brands. But it’s important to remember that Millennials are responsible for nearly $1.3 trillion in consumer spending. As Forbes pointed out, that cool private label could be a $1 Burt’s Bees product or a $50 Sephora product.

    So, what’s up next up for brands? Most likely figuring out how to make friends with Generation Z (“The New Silent Generation”).

  • Don Henley Sues Clothing Retailer Over Use Of Name and Song TitleFri, 10/17/2014 - 11:42

    The music world’s Don Henley, a founding member of the Eagles, is suing Duluth Trading Company, a Wisconsin-based clothing company for trademark infringement and false advertising over its use of the phrase: “Don a Henley and Take it easy.” Take a look at the ad:


    This case seems to easily lend itself to a multiple-choice test:

    a.) Clever marketing

    b.) Harmless play on words

    c.) Unauthorized use

    Whatever your opinion, this isn’t the first time that Henley has set out to protect his intellectual property. In 2009, he sued California politician Chuck DeVore to stop him from using his songs, “The Boys of Summer” and “All She Wants to Do Is Dance,” in campaign videos. And way back in 1999, Henley took Dillard Department Stores to court for running an ad featuring a man wearing a Henley shirt with the words, “This is Don” beside the picture, along with the phrase: “This is Don’s henley.” In that case, the court granted summary judgment for Henley.

    Henley’s also taken action against other musicians to stop them from creating remixes and mashups of his songs, but was thwarted by compulsory licensing. Rolling Stone wrote that earlier this year Henley objected to singer Frank Ocean and group Okkervil River recording a rewritten version of his song, “The End of Innocence,” and distributing it for free.

    Duluth Trading hasn’t commented on the lawsuit.

    In researching this blog post, we’ve seen just about every pun that can be created by Don Henley song titles. So what’s your favorite?