Posts Tagged: "Marketing"

You have probably heard the old saying: “Jack of all trades, master of none.” Obviously, this saying is intended to convey the message that if you are a generalist who claims to be able to do everything that means you do so much that you can’t possibly have mastered any one thing. Because, after all, if you were a master of one thing that would be the one thing you would do—and that one thing would be enough because everyone who needed that one thing would recognize you as one of the few go-to people in the industry capable of handling that one thing.

Every inventor has, at one time or another, had the moment where all seems lost. Every avenue that could possibly yield a fruitful alleyway towards profitability has been trodden, and each industry contact that could potentially offer a path towards success has been contacted. The item that began as a simple idea, was built into a homemade prototype, and was eventually turned into a real product by a professional design firm, has not gotten the interest from the industry that had been dreamed of. This realization can be a serious cause for grief for those who have spent countless hours defining and tweaking their product, building relationships with designers, patent attorneys, industry insiders, and other inventors, and still have not achieved their ultimate goal of successfully bringing their product to market. These periods of time can be difficult, as it can feel like you are saying goodbye to a friend that has brought you so much hope, and joy throughout the development process.

From consumer goods to cutting-edge industries like blockchain and crypto, consumers want more environmentally-friendly solutions. And advertisers, in response, are rushing to tout their sustainability-focused corporate missions and product solutions. In recent decisions, Butterball, Georgia-Pacific, and Everlane, the National Advertising Division (NAD) of BBB National Programs provided useful and detailed guidance on how advertisers can support sustainability claims and avoid making unqualified general environmental benefit claims that could mislead consumers. In addition to marketing lawyers, brand owners and trademark counsel alike should also be on the lookout for overreaching environmental marketing claims.

In a recent letter, Senator Richard Blumenthal (D-Conn.) urged the Federal Trade Commission (FTC) to take action against makers of “detox teas” for engaging in “predatory” and misleading marketing tactics on social media platforms, targeting primarily young adults (and young women in particular). Taking aim at the Instagram idol Kim Kardashian, Senator Blumenthal pointed out that influencers earn up to “six figure sums” for a single social media post promoting detox tea products without any expectation that the endorsers personally use the products and expose themselves to the alleged health risks associated with the teas.    

Over the years, more and more companies have begun using Mascots (Characters and Personalities), some of which are real people, in addition to logos and company names to identify their brands. And given that there are so many different kinds of companies using Mascots, Characters, and Personalities, I’ve decided it would be fun to do a series on Brand Mascots that have become very popular and well known over the years starting with some of the best and ending with some of the creepiest (in my opinion) restaurant Mascots… One of my favorite Brand Mascots, not to mention highly clever campaigns of all time, is that of the Chick-fil-A Eat Mor Chikin®” Holstein Cows.

Businesses were recently given a harsh reminder about the effects of failing to obtain permissions when using photography for commercial purposes when a California woman sued Chipotle earlier this year for $2.2 billion. According to the complaint in the Chipotle case, in 2006, a photographer approached the plaintiff outside of a Chipotle restaurant and asked her to sign a consent form about some photographs taken inside the restaurant. The woman refused, but in 2014 and 2015, she found a photograph of herself edited into promotional materials placed on the walls of several Chipotle restaurants in California and Florida. This case serves as a reminder that any business that uses a person’s image for commercial purposes must first obtain that person’s consent.

How should intellectual property law firms firms market their legal services to potential clients? In the golden age of attorneys before the 1977 Bates v State Bar of Arizona Supreme Court decision made lawyer advertising legal, practice marketing comprised word of mouth, actual social networking and other first person methods. But since then ads and a host of other mainstream marketing methods became available to the legal profession. So which ones should an IP firm employ in the search for new clients? Which might be advisable to avoid? How much of this should happen in house or get outsourced? Let’s take a look.

In 2016 social media users reached 2.3 billion. With an audience made up of consumers, competitors and industry influencers, social media is a melting pot of opportunity and risk. Social platforms have quickly become a go-to platform for engaging with customers. If used correctly, companies have the potential to build an online persona that stands out and drives commercial success… When big brands enforce their trademark rights against potentially infringing smaller entities, the David-and-Goliath-type battle can help to alienate the consumer market. Brands such as M&Ms are now using online personas – developed on social media – to gently enforce trademark rights.

Subsidiaries of larger companies who are preparing to file a trademark application may want to think twice before deciding who to list as the Applicant. In April 2016, The United States Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) issued a precedential decision canceling the trademark registration of a subsidiary because the parent company was the only one using the mark… Given the outcome of this cancellation action, companies with multiple entities should be on alert. Companies should first confirm that the entity actually using and controlling the mark is the one listed on the registration. If not, to avoid cancellation of the trademark, the entities should consider entering into a trademark license or an assignment.

Patent licensing is becoming increasingly challenging and it requires thorough preparation on the licensor’s part to convince a potential licensee that a license is both required and inevitable and to persuade them into serious negotiations. The steps involved will vary based on whether your patents are already being infringed upon or if they protect a new technology that can extend market value or penetration. In this article, the focus is on the research and preparation for the licensing of patents that may already be in use.