Bud Light Goes To College.....

How do you make Budweiser ? Send him to school. Can you blame him if his son, Bud Light, wants to wear the school colors.....



But seriously, unless you've been out cold for the past week because you've been overindulging on 'blue and gold' Bud Light beer, then you have heard the latest ruckus between Anheuser-Busch (aka, A-B) and this time, college administrators across the country who are all stirred up, shaken and bothered by the latest Budweiser Marketing campaign which will be serving up cans of beer in your favorite college team's colors... just in time for this Fall's tailgate parties at Football games. Woo Hoo ! Who wouldn't want to crush the can of your opponent !

In any event, the following are just a few of the news publications, on and off line, blogs and other pundits who have chimed in on this controversial topic. Will this lead to greater underage drinking ? Is this simply an aggressive marketing campaign ? Or is it an act of unfair competition as proscribed by the Federal Lanham Act's Sec. 43(a) with respect to Anheuser-Busch creating a false impression of sponsorship or affiliation with the college's by using their school colors. Isn't this something that A-B should be paying a license for instead of riding on the coattails of each college's good will and fame. At press time for this blog, it should be noted that each College has been invited or instructed by Anheuser-Busch that they can object and stop the use of their school's colors just by sending in a formal letter to the brewer. This writer is unsure that this relieves the brewer of liability but it is certainly evidence of mitigation.

So, without further adieu, let's hop to the pundits:

1. http://www.slashfood.com/2009/08/21/bud-light-team-color-fan-cans-cause-a-stir/


2. Twitter:
RT @jsciar1 New team-color bud light cans place a gun to the heads of college students and force them to consume flavorless beer http://tiny.cc/E9bhm

http://online.wsj.com/article_email/SB125081310939148053-lMyQjAxMDI5NTIwMTgyMTEzWj.html


3. FTC Criticizes College-Themed Cans in Anheuser-Busch Marketing Efforts

http://online.wsj.com/article/SB125116535930755741.html?mod=googlenews_wsj

4. Anheuser-Busch pulls promotions at some colleges

http://www.miamiherald.com/news/nation/AP/story/1201750.html


5. UW unhappy with college-themed beer cans

By Don Walker of the Journal Sentinel
Aug. 25, 2009

A controversial Anheuser-Busch InBev NV marketing campaign that appears squarely aimed at young drinkers has the University of Wisconsin and others seeing red.

http://www.jsonline.com/blogs/sports/54799942.html

6. Show your true colors with Bud Light? Is it green?

11:30 pm August 25, 2009, by mdowney

http://blogs.ajc.com/get-schooled-blog/2009/08/25/show-your-true-colors-with-bud-light-is-it-green/?cxntfid=blogs_get_schooled_blog


7. [STFU] Universities not so proud of Bud Light cans sporting school colors

August 21st, 2009 by Dave Studinski


http://www.bewilderedsociety.com/blog/2009/08/universities-not-so-proud-of-bud-light-cans-sporting-school-colors/

8. Drink Like A Champion Today: College Themed Bud Light Cans

August 21st, 2009
From the Wall Street Journal comes news that there are now Bud Light cans in your favorite team’s colors. Kick. Ass.

http://drunkentailgate.com/

--------------

That concludes this compilation of comments on the Bud Light College Colors Marketing Campaign currently in progress for the Fall College Football season for which it was intended. As one pundit has observed, is this really just another example of aggressive, albeit corporate, "Ambusch" marketing ?!....

Time will tell, of course. In any event, the publicity associated with this campaign will likely endear college students to Bud Light and increase sales. This writer predicts an uptick in Bud Light sales this fall as a result thereof.

Until next time,


William E. Maguire
http://TrademarkEsq.blogspot.com

*** Be sure to check out website as well at: www.TrademarkEsq.com.

Thanks !

Brands, Logos and Trademarks !

Introduction:

A. Brands and Logos


Check out this article posted online courtesy of Yahoo ! Finance and CNN Money:




http://finance.yahoo.com/career-work/article/107520/whats-in-a-new-logo.html

The above article is a good place to start when thinking about adopting a logo or changing the logo you're already using. It cites examples of very well known corporate brands or logos such as Starbucks, Apple, UPS and others.




B. Trademarks

1. What Is a Trademark or Servicemark ?

A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office...
(Source: http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm )

2. The Relationship between Brands/Logos and Trademarks

It is the legal device, as defined above, and known as a trademark that protects the brand. The brand is the commercially intangible yet recognizable source for the goods and/or services that are of interest to the consumer making the purchasing decision. The trademark, on the other hand, is like the shrink wrapping or the umbrella or deflector shield that protects the brand from being used by third parties for the purpose of unfairly competing with the owner of the brand and trademark.

In other words, in a competitive commercial business environment that is a staple of a capitalist society, it is imperative that brands be protected by trademarks.

If you are interested in protecting your brand, logos with a trademark, please contact the undersigned. We also welcome you to visit our website where we have several articles posted that may be of interest to you concerning the selection, clearance and registration of trademarks.

Until next time.....


William E. Maguire,
Los Angeles, Calif.
http://www.TrademarkEsq.com

Note: The logos or brands highlighted in this blog post are the property of their respective owners and have only been used here as examples of brands or logos. The undersigned does not claim any rights of ownership to said brands or logos.

***** ***** *****

"The Presidential Beer Summit, July 30, 2009: The Trademark Perspective"


President Barack Obama, Professor Henry Louis Gates Jr. and Sergeant James Crowley toast at the start of their meeting in the Rose Garden of the White House, July 30, 2009. Official White House Photo by Pete Souza.

By now everyone not holed up in a cave in Afghanistan has heard about the Obama Beer Fest. What you have not read, however, is the Trademark Perspective of this Lager Drenched Event ! This blog post shall then devote itself, after a few preliminary remarks and introductory photo and links, to the specific beer brands and their trademarks that were featured at this Summit of Beers. After all, here at TrademarkEsq, it is the Trademarks which protect these now even more famous brands from being hijacked by pirates, counterfeiters and infringers.


A. Preliminary Remarks About The Summit Itself

"For the record, Bud Light: Obama; Sam Adams Light: Gates; Blue Moon: Crowley; and nonalcoholic beer, Buckler: Biden."
(source: http://news.yahoo.com/s/ap/us_obama_harvard_scholar)

One Popular Media Blogger has even characterized Obama's role in this mediation as more "Bartender-in-Chief". "OBAMA MORE BARTENDER THAN MEDIATOR AT BEER SUMMIT: President Barack Obama played bartender-in-chief on Thursday at a “beer summit” of the main players in a racially charged case that he hoped would be a “positive lesson” in a national dialogue on race. Obama, the first black U.S. president, said it was a “friendly, thoughtful” conversation over beer at the White House with prominent Harvard scholar Henry Louis Gates, who is black, and police Sergeant James Crowley, who is white." (Source: http://www.lbnelert.com)

Perhaps the most salient and important comment to emerge from this dialogue is as follows:

"We agreed to move forward," Crowley said later when asked whether anything had been solved. "I think what you had today was two gentlemen agreeing to disagree on a particular issue. I don't think that we spent too much time dwelling on the past. We spent a lot of time discussing the future." (By PHILIP ELLIOTT, Associated Press Writer Philip Elliott, Associated Press Writer – Fri Jul 31, 8:10 am ET).

B. The Trademark Perspective in the USA

1. BUD LIGHT: President Barack Obama's choice

(a) BUD LIGHT ® (in standard character format)
in International Class #32 for "Beer"
Registration Number 1261873
Registration Date December 20, 1983
Owner (REGISTRANT) Anheuser-Busch, Incorporated CORPORATION
SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20040109.
Renewal 1ST RENEWAL 20040109

(b) "BUD LIGHT (and design)"®
in Intl. Class #32 for "Beer"

Registration Number 3165341
Registration Date October 31, 2006
Owner (REGISTRANT) ANHEUSER-BUSCH, INCORPORATED


2. BUCKLER®: V.P. Joe Biden

(a). BUCKLER® (in standard character format)
in Intl. Class #32 for "BEERS; MINERAL AND AERATED WATERS; NON-ALCOHOLIC BEERS AND MALT BEVERAGES; FRUIT JUICES AND FRUIT JUICE DRINKS; SYRUPS USED IN THE PREPARATION OF SOFT DRINKS"
Registration Number 1553153
Registration Date August 22, 1989
Owner (REGISTRANT) HEINEKEN BROUWERIJEN B.V. PRIVATE LIMITED COMPANY NETHERLANDS 2E WETERINGPLANTSOEN 21 AMSTERDAM NETHERLANDS
SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20090408.

(b) BUCKLER (and design)"®

in Intl. Class #32 for "BEERS; MINERAL AND AERATED WATERS; NON-ALCOHOLIC BEERS AND MALT BEVERAGES; FRUIT JUICES AND FRUIT JUICE DRINKS; SYRUPS USED IN THE PREPARATION OF SOFT DRINKS"
Registration Number 1562471
Registration Date October 24, 1989
Description of Mark: THE DRAWING IS LINED FOR THE COLORS GOLD, BLUE, RED AND SILVER WHICH ARE CLAIMED AS TRADE MARK FEATURES.
Owner (REGISTRANT) HEINEKEN BROUWERIJEN B.V. PRIVATE LIMITED COMPANY NETHERLANDS
SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20090601.



3. BLUE MOON®: Police Officer Crowley
in Intl. Class #32 for "Beer"
Registration Number 3119888
Registration Date July 25, 2006
Owner (REGISTRANT) Coors Global Properties, Inc. CORPORATION COLORADO Suite 170 165 South Union Boulevard Lakewood COLORADO 80228 (LAST LISTED OWNER) MILLERCOORS LLC LTD LIAB CO DELAWARE
(LAST LISTED OWNER) MILLERCOORS LLC LTD LIAB CO DELAWARE

(b) "BLUE MOON (and design)"®

in Intl. Class #16 for "Paper banners, posters, printed paper signs, namely, table tents, paper display cards, paper pennants, pens, stickers, coasters made of paper, paper napkins, cardboard floor display units for merchandising products and note paper." FIRST USE: 19950000. FIRST USE IN COMMERCE: 19950000

in Intl. Class #21 for "Beverage glassware, bottle openers, pitchers, plastic buckets, plastic cups, serving trays not of precious metal, bottle stands, mugs, cups." FIRST USE: 19970100. FIRST USE IN COMMERCE: 19970100

in Intl. Class #25 for "Clothing, namely, shirts, t-shirts, golf shirts, sweatshirts, denim shirts, aprons, tops, shorts, sweatpants, tank tops, jackets, wind resistant jackets, hats and caps, excluding clothing for children." FIRST USE: 19970100. FIRST USE IN COMMERCE: 19970100

in Intl. Class #32 for "Beer." FIRST USE: 19950000. FIRST USE IN COMMERCE: 19950000

Registration Number 3439303
Registration Date June 3, 2008
(LAST LISTED OWNER) MILLERCOORS LLC LTD LIAB CO DELAWARE

Note: In addition, there are at least two other design marks that are registered by this same Owner in connection with the BLUE MOON brand, as follows:




4. SAM ADAMS LIGHT®: Prof. Gates

SAM ADAMS LIGHT®
in Intl. Class #32 for "beverages, namely beer and ale."
Registration Number 2597646
Registration Date July 23, 2002
Other Data: The name "SAM ADAMS" in the mark does not identify a living individual.
Owner (REGISTRANT) BOSTON BEER CORPORATION CORPORATION MASSACHUSETTS 75 Arlington Street Boston MASSACHUSETTS 02130
(LAST LISTED OWNER) BBC BRANDS, LLC LIMITED LIABILITY COMPANY, COMMONWEALTH OF MASSACHUSETTS

note: as most everyone know, the preceding and additional brand name, SAM ADAMS, is also registered separately, as are numerous otherSAM ADAMS formative marks, including the following stylized label:


C. Comments on the Trademark Perspective of these Beer Companies and their Brands

The first noticeable and common trait that each of these brands share is that they are protected both in standard character format (or as previously known, in block letter format) and in composite format, e.g., with a design or logo. This has obvious ramifications in purely trademark enforcement parlance, not to mention for the purposes of marketing.

Additionally, it is not a coincidence that each of these brands are protected by trademark registrations on the Principal Register with the U.S. Patent and Trademark Office. The Registrations provide a number of advantages in the U.S., including but not limited to, exclusiveness to the trademark within the U.S., presumptive validity, and after 5 years of use, the opportunity to seek "Incontestable" status via the Sec. 15 Affidavit.

Finally, we will leave it to conspiracy theorists to discuss the import, if any, with respect to the beer brand selections of the parties to this first ever Presidential Beer Summit, aka "Beer Mediation".

Postscript: Rumor has it a Beer Pong Summit is to be held in Helsinki, Finland.

***** ***** *****

Until next time,....please remember:

TrademarkEsq is here for you !


Respectfully submitted,


William E. Maguire, Esq.
Los Angeles, Calif.
www.TrademarkEsq.com

THE CON IS ON !

2009: Friday, July 24, 2009






The San Diego Comic-Con in ON ! July 23, - 26, 2009.

Already word is out that Preview Nite, last nite, Wed., July 22, was waaay toooo crowded ! As many people as the Con hosts on fridays. It's business as usual, though, with reports of the G4 film crew setting up at the DC booth last nite.

2009 Comments, ongoing.....

a. One friend reports that he saw an interview on the news with some people camped out all night for Comic Con, basically to get in and get some free toys.

b. And Jim Chadwick reports, "today's forecast for the San Diego Convention Center area: more of the same; hot and muggy. Humidity at 6:30 AM stands at 89%. Depending on what site you check, it's either going to be partly cloudy or sunny, High of about 78, low of 69."

In any case, in this blog post we are going to share some photos of COMIC-CON past and present because only photographs and comment can even partially capture this event. Please consider this blog post a work in progress as we will be updating it as this year's CON unfolds
in all its glory and revelry and surprises.


Dateline: Saturday, July 25, 2009 (Day Three):











Da Jammies (check out this new kids cartoon show at: http://www.4kids.tv/da-jammies


The Cast and Crew of Da Jammies at conclusion of their panel at Comic-Con '09:


Dateline: Friday, July 24, 2009 (Day Two):





















Dateline: July 23, 2009 and just in courtesy of Asako Suzuki. Nice kicks, Asako ! Asako's footwear of choice by Converse.



2008:








2007:



2005:

"Girard College" Rescues Creative Steps Kids Group !

Good News about the Philadelphia Pool story:

Valley Swim Club-Huntingdon Valley: Are Racism Allegations Fair?

by Tina Kells | July 9, 2009 at 03:46 pm

An investigation is underway, "US senator Arlen Specter announced plans to launch a discrimination investigation against The Valley Swim Club, in suburban Philadelphia, PA."

*** x-reference: http://www.thevalleyclub.com

and "Girard College boarding school offered their pool to the Creative Steps kids, and local ice cream parlor Gumdrops & Sprinkles gave the day camp a party of candy and ice cream making for free."

http://www.nowpublic.com/world/valley-swim-club-huntingdon-valley-are-racism-allegations-fair

http://www.girardcollege.com

In addition, since the incident was first reported, there has been an outpouring of support for the Creative Kids Day Camp. In this regard, please see:

http://www.nowpublic.com/world/day-camp-director-overwhelmed-offers-support-her-kids

*** Full Disclosure/Statement from The Valley Club on their website:

"The Valley Club is deeply troubled by the recent allegations of racism which are completely untrue.

We had originally agreed to invite the camps to use our facility, knowing full well that the children from the camps were from multi-ethnic backgrounds. Unfortunately, we quickly learned that we underestimated the capacity of our facilities and realized that we could not accommodate the number of children from these camps. All funds were returned to the camps and we will re-evaluate the issue at a later date to determine whether it can be feasible in the future.

Our Valley Club deplores discrimination in any form, as is evidenced by our multi-ethnic and diverse membership. Whatever comments may or may not have been made by an individual member is an opinion not shared by The Valley Club Board."

Comment: The Valley Club's position has continued to change from (1) an initial return of the money paid by the Creative Steps" group without explanation; followed by (2) that their group was deemed unacceptable to the Valley Club because, and I quote, it would change the "complexion" of the club; and finally (3) that the Creative Steps group was denied access to the club pool facilities for reasons of "safety".

*** In any case, God Bless "Girard College" for stepping up immediately upon hearing of this incident and offering its pool to the "Creative Steps" kids group.

"If This Is True, It's An Outrage !

If This Is True, It's An Outrage ! Philadelphia kids denied access to pool seemingly based on 'race'.

July 9, 2009, per Yahoo! News:

http://cosmos.bcst.yahoo.com/up/player/popup/index.php?cl=14414863

If you agree, please forward or contact your congressman or senator or others in a position to help these kids out.

Thank you for your consideration.

Sincerely,


William E. Maguire,
TrademarkEsq

INTA - Seattle, May 16 - 20, 2009

(The photo above shows the front of the Washington Convention Center, the venue of this year's Annual Meeting of the INTA) and the adjacent atrium roof which it shares with the Cheesecake Factory directly across the street)



The Annual Meeting of the International Trademark Association (INTA) was held this year in Seattle, Washington. This is the third time the INTA has been held in this Amazing City in the Pacific Northwest, all three of which I've been fortunate to attend.

Below are several photographs which predominantly display the sights and scenes of this truly American city. Rather than focus on the topics of the conference seminars... yeah... which we can cover on another occasion, this blog post is intended simply to entertain and enlighten the reader on some of the highlights of our recent trip. So sit back and relax and make room for some coffee, donuts and pizza... and baseball and boating and festivals.


(Photo above shows signage above the famed Pike St. Market)


(Photo above shows a typical bouquet of fresh flowers available at the Pike St. Mkt.)

(Photo below shows what the Pike St. Market is truly famous for: fresh fish. At this time of year, especially, you can see for yourself the catch of the day, Copper River Salmon, which is very expensive, as you can tell from the posted prices)


(Photo below is the signage for TOP POT DONUTS, which has a great backstory, and which this writer serendipitously just happened along while walking toward the Space Needle when he spied this shop on 5th St., http://www.TopPotDonuts.com)



(This next photo shows the TOP POT DONUTS Classic, Old School "Glazed Ring" Donut, sans one delicious bite)


(Batter up ! This next photo was taken above home plate, well above home plate, at Seattle's Safeco Field, home of the Mariners. Photo taken 05.18.09, during Mariner's home game vs. Angels. Two highlights: Ken Griffey, Jr. got his 2,700th MLB hit; and the Angels blasted the Mariners, 10 - 6.


(Later that same evening, downtown, in the rain, I captured this photo of a downtown street scene lit up with neon and lights with the PUBLIC MARKET of Pike St. in the distance)


(On Tuesday, May 19th, I visited Starbucks HQ and got a private tour by a colleague who works there and was fortunate to be there when they were introducing the new ice cream supplier for the STARBUCKS ice cream line, namely, Unilever... and the results were delicious with caramel and creme, as well as their famed "Java Chip" being served up for all the employees and guests. Additionally, I got to try a cup of coffee brewed from Starbucks recent individual trademark and patent protected coffee machine, namely, CLOVER®. Consensus: Smooth and Strong)


(On Friday, May 22nd, I visited the site of the Seattle Center and Space Needle, where the first day of the annual 3 day Northwest Folklore Festival was in progress and lo and behold, another Seattle based Donut shop had a booth there. "Mighty-O donuts" captured my attention with their banner and their philosophy of: Vegan - Organic - No Trans Fats. Kind of the Kurt Kobain take on donut making, as opposed to TOP POT which is really a combination of Starbucks and Dunkin Donuts.


(Sat., May 23rd, below, shows the Seattle skyline on our return from a brief boat trip out to Bainbridge Island and back)


(Around the corner from TOP POT DONUTS on 5th St., I spied this restaurant sign that said "Serious pie." What was I to think ? Naturally, I was hoping for fresh peach pie. I was wrong as you will see in the next photo showing the pizza pie I enjoyed there on 05.23.09)


(So I told the manager-owner, that I had tried Pizzeria Mozza in L.A. and he said that theirs was better... so I put them to the test and you know what, "This pizza below was Better !" Thin crust baked in a wood fired oven, this seriously spectacular pizza pie included: Buffalo Mozzarella, San Marzano Tomato, plus I added Coppa (a thinly sliced and cured ham.
Wow !)


And so this story comes to an end with a Saturday evening flight back to LAX, on 05.23, and then I noticed off the port wing.... Mt. Rainier:


Until the next post.....


William E. Maguire,
Los Angeles, Calif.
http://www.TrademarkEsq.com