IHT: “ Joint Promotion Adds Stickers To Sweet Smell Of Marketing“:
“Guests at Omni luxury hotels will find small scented stickers on the front pages of their free copies of USA Today. A blackberry aroma will suggest that the guests start the day at their hotels with a cup of Starbucks coffee “paired with a fresh muffin.” The promotion, to be tested for at least six months, is being sponsored by Omni Hotels and Starbucks Coffee.”
Scent is theoretically protectable as a trademark. In the U.S. Registration no. 1639128 was granted for “a high impact fresh floral fragrance reminiscent of plumeria blossoms’, for sewing threads (the registration has since been abandoned).
Prior discussion of protection of scent here.
Textile World reports that Linq Industrial Fabrics has registered the color blue. Reg. no. 3097115 covers: synthetic resinous fabrics for use in the manufacturer of bulk container in the nature of bags and wraps for industrial use.”
The description of the mark (pictured above) in the registration is:
“The color blue is claimed as a feature of the mark. The color blue appears throughout the mark as it is a part of the goods. The mark consists of the color blue as applied to the goods themselves. The broken lining in the drawing serves to show the position of the mark on the fabric goods and is not a part of the mark itself.”
The mark as applied to the goods looks like this:
We discussed ‘taste’ trademarks last week here.
Counterfeit Chic discusses the protection of scent, today.
‘Sight’ trademarks comprise 99.99% of all trademarks (my estimate).
Sound trademarks occur every so often (Intel’s ‘bah buh bo bah’, MGM’s lion roar, Tarzan’s yell, various jingles).
What about touch? Can a distinctive texture designate origin? (the feel of cotton?) (ultra suede – more like suede than suede itself?) I’m aware of one tactile mark – a German trademark registration for the word UNDERBERG in braille (courtesy the Non-traditional Trademark Archives).
JWelch emails me to suggest that a jar with a fuzzy label should be registrable (“reach for the fuzzy jar”).
Another excuse to run the picture of the ‘You’ve Tried The Rest, Now Try The Best’ pizza chef. Does anyone know the history of this graphic?
Via IPKat, a Lithuaian company claims that it has secondary meaning in the smell of pizza.
We are proud to announce the start of SHAPE BLOG, a joint venture of the IP law blogs ReThink (IP), the TTABlog, and the Trademark Blog.
The Shape Blog has two subjects.
The first subject is an ‘inter-disciplinary’ analysis of the protection of design and three-dimensional objects. Practitioners experienced in trademark, trade dress, copyright and patent law will provide news and commentary on the legal treatment of design and any object that incorporates design.
The second subject will be ‘personal fabrication.’ The creation of Shape Blog was inspired by the book ‘Fab’ by Professor Neal Gershenfeld To over-simplify:-just as the dropping prices and widespread dissemination of computing power led to the personal computing revolution, dropping prices and dissemination of CAD/CAM techniques will lead to a personal fabrication revolution, where the average home will have the ability to ‘fabricate’ exact replicas of three-dimensional objects (replacement parts, artworks, furniture) according to software instructions, perhaps downloaded from the Internet.
We will therefore be tracking not only advances in IP protection but advances in the technologies that may lead to a personal fabrication industry (such as desktop prototyping).
In short, we will be discussing the opportunities and dangers that arise for design when you can email an Eames Chair.
Odor trademark stinks? Application for trademark consisting in part of ‘the smell of strawberry’ rejected by Court of First Instance of the EC, on grounds that the smell can’t be graphically represented (Eden v. OHIM). OHIM smells a rat? Smell trademark application makes no scents?