When Duracell filed suit against Energizer alleging that Energizer falsely claimed its “Energizer MAX lasts 10% longer than Duracell Power Boost,” the case seemed like just another round in the long-running rivalry between the Copper Top and the Energizer Bunny. But the lawsuit demonstrates that even the strongest brands in parity categories struggle to remain… Continue reading When the Bunny Fights the Copper Top: How Iconic Battery Brands Try to Manufacture Difference In a Commodity Category
Articles
90% of ‘Brand Experts’ Aren’t. Here’s How to Find the 10% Who Are
Most legal trademark teams find brand expert witnesses the way they have for decades. They use someone they’ve worked with for years, even though brands and how they’re built have changed drastically. Or they ask around the office. Or they assign someone on the team to do a Google search. The problem isn’t just that… Continue reading 90% of ‘Brand Experts’ Aren’t. Here’s How to Find the 10% Who Are
Could AI Become the Netflix of Expertise? The Next Wave of IP and Competition Questions
AI’s evolution may mirror Netflix’s shift from distributor to creator, raising new IP challenges. As AI trains on expert work and offers advice, it could compete with practitioners, blurring lines of authorship, expertise, and fair competition. Key concerns include whether AI outputs are derivative, mimic specific experts, or infringe on reputation and branding rights, prompting… Continue reading Could AI Become the Netflix of Expertise? The Next Wave of IP and Competition Questions
Brand It ‘Intelligent,’ You Own What It Says
Robby Starbuck’s lawsuit against Google raises questions about AI accountability. As companies brand AI as “intelligent,” they face higher expectations for accuracy. If AI makes false, damaging claims, responsibility may shift from platforms to creators or publishers. The case could set new legal standards for AI liability and highlights the risks of promising “intelligence” in… Continue reading Brand It ‘Intelligent,’ You Own What It Says
Successful and Enforceable Brands Connect with the Consumer: Lessons From a Recent 10th Circuit Decision
Engaging logos, icons, or symbols for your company are essential, and easier to create than ever. A myriad of AI tools and freelance options empower rapid creation of stylish and cool logos in what feels like a heartbeat, and at a fraction of the price. But the days of slapping your fresh brand or a… Continue reading Successful and Enforceable Brands Connect with the Consumer: Lessons From a Recent 10th Circuit Decision
Beyond the Logo: How AI Complicates Trademark Protection In the Digital Age
Today, building brands solely on the promise of a different product or service has become unsustainable. Any “new and improved” feature or benefit is quickly eclipsed by competitors. Consequently, brands signal category superiority not through rational claims, but by reinforcing a distinct persona — a “ness” comprised of distinguishing traits and behaviors that form an… Continue reading Beyond the Logo: How AI Complicates Trademark Protection In the Digital Age
Super Bowl 2025: More Ads Take The Field. Will They Score On Game Day?
In my review last week, I highlighted how early front-runners Doritos and FanDuel were smartly playing to football’s unifying appeal. As more brands release their Super Bowl teasers, we’re seeing a concerning trend: Too many advertisers are confusing star power with stopping power. The multi-million-dollar question remains: Who will break through, get noticed, communicate a… Continue reading Super Bowl 2025: More Ads Take The Field. Will They Score On Game Day?
Martha Stewart Has Been Reinventing Thanksgiving And Herself For 47 Years And What She Can Teach You About Keeping A Brand Relevant
Martha Stewart has been reinventing herself and her brand
America’s Polarized Politics Are Obvious—YouGov’s Study Attempts To Link This Polarization To The Brandscape
In a recent conversation with Bob Knorpp on his BeanCast podcast, Bob opened by sharing the latest study from YouGov, which explored how political polarization is influencing brand perception in the U.S. According to the survey, only 29% of brands have bipartisan appeal, with most brands leaning either conservative or liberal. From there, our conversation… Continue reading America’s Polarized Politics Are Obvious—YouGov’s Study Attempts To Link This Polarization To The Brandscape
Proactive Brand Defense: Why Warren Buffett’s Advice Matters More Than Ever
Warren Buffett’s wisdom rings true: “It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you’ll do things differently.” As an expert witness in trademark cases and a veteran brand consultant, I’ve seen the profound truth in these words. However, in today’s digital age, even five… Continue reading Proactive Brand Defense: Why Warren Buffett’s Advice Matters More Than Ever