In the midst of the COVID pandemic, the Supreme Court resolved an issue that was split evenly between the circuit courts. The issue before the Court was whether the Lanham Act, which is the federal statute governing trademarks, required a plaintiff to prove that the defendant had willfully infringed their trademark before the plaintiff could […]
Helsinn v. Teva Decision: Secret Sales Qualify as Prior Art under the AIA
| Posted in Blog | No commentThe Supreme Court issued its decision on Helsinn Healthcare S. A. v. Teva Pharmaceuticals USA, Inc. on January 22, 2019, upholding and applying the pre-AIA on-sale precedent to post-AIA matters. This holding establishes that a sale or offer to sell, including secret sales and sales that do not publicly disclose the details of the invention, […]
If the Shoe Fits: The Case for Endorsements as a Branding Tool
| Posted in Blog | No commentEndorsements have long been a strategy for brand managers to help boost brand equity and product sales. Historically, high profile endorsements have primarily been reserved for the world’s largest companies – those with deep pockets. In today’s world of social media influencers, however, the strategy is far more available even to the smallest startups. And […]
From Santa Claus to Kaepernick: The Role of Brand Association in Building Iconic Brands
| Posted in Blog | No commentOne recent example of emotional branding by taking a stance is Nike’s “Dream Crazy” ad campaign featuring Colin Kaepernick. This campaign received enormous press coverage and viewership outside of just its paid placements (the YouTube video of the ad has over 26 million views on the company’s page as of this writing). Over the years, Nike has masterfully constructed an emotional brand that is often associated with overcoming adversity and celebrating one’s abilities. The company’s slogan of “Just do it” carries a certain emotional weight as a call to action for anyone doubting themselves. With the recent Kaepernick ad, the company is clearly trying to appeal to the emotions of pride and passion by showcasing a variety of athletes overcoming hardship in the form of cultural, physical and societal barriers to achieve greatness in and out of their sports.