Posts Tagged: "brand protection"

Selecting the Right Trademark for Your Business

From a legal standpoint, a trademark that has no relation to the product or services offered will be the strongest type of mark. For example, trademarks such as “Google” for a search engine, “eBay” for online auctions and “Bose” for audio equipment make excellent and strong trademarks. Descriptive marks provide less trademark protection because if a term is descriptive it can be used by anyone else selling the same goods or providing the same services… Many sales and marketing people will gravitate toward descriptive marks for products and services hoping that potential customers will immediately identify the product or service being offered. This approach leads to a weak or sometimes even unprotectable trademarks.

IP Rights strategies for preventing and handling infringements in China

Securing IP rights in China has been a priority for companies selling or manufacturing in China due to the country’s singular attitude to intellectual property, which has been much abused. Today 84.5% of counterfeits originate in either China or Hong Kong, and as the world becomes progressively more connected alongside the rise of e-commerce and cross-border exportation capabilities, increasingly there is a need for IP protection strategies of all companies to be adapted to Chinese policies.

The Most Notable, and Sometimes Creepy, Restaurant Mascots, Characters and Personalities

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.

Challenges for Trademarks in a Digital World: A Review of INTA 2017

Social media platforms such as Twitter, Facebook and Instagram have provided the opportunity for brands to interact with mass audiences quickly and effectively, but this interaction is a two-way street. Increasingly the public is looking to social media as a vehicle to interact with brands when something goes wrong. Trademark professionals are having to consider not only which social platforms to deploy for their brands, but also work with marketing, communications and customer service teams to manage their brand’s presence online. Thinking of social media as “free” for those actively managing and promoting brands misses both the importance of the platform and the expectations of consumers in an increasingly connected world.

The changing role of the trademark lawyer, managing complexity and generating insight to drive business advantage

The idea of brand value is evolving. Trademark lawyers must be concerned with everything that contributes to the protection of a brand, not just its trademarks. Protecting a brand now includes a number of issues that were simply not relevant to the role twenty years ago, such as: trademarks in domain names; the use of trademarks online; trademarks used in social media handles; and trademarks being mentioned in general online commentary.

The Science Behind Brand Protection in the Deep and Dark Web

Over the past few years we have seen a surge in cyber attacks against well-known organizations, each seemingly larger than the last. As cybercriminals look for innovative ways to penetrate corporate infrastructures, the challenges for brand owners to protect their IP has steadily grown… Most organizations have implemented stringent security protocols to safeguard their IT infrastructure, but conventional security measures don’t provide the critical intelligence needed to analyze cyberattacks that propagate in the Deep Web and Dark Web. It is fundamentally harder to navigate a medium where web pages are unindexed and anonymity can hide criminal activity.

Plain confectionery packaging a heavy-handed response to health concerns

Legislating for tobacco-style plain packages for confectionery is a disproportionate response to the obesity crisis and strips companies of valuable trademarks, writes the Institute of Economic Affairs’ head of lifestyle economics.

‘Plain packaging’ is a policy which eliminates all branding and visual design elements on products and forces manufacturers to use state-mandated colors and typefaces to create homogenized packaging with no differentiating features. Plain packaging is currently only applied to tobacco products in a handful of countries worldwide, but if health activists have their way that will change.

Governments banning use of brands is a troublesome trend

We understand governments have a responsibility to protect the health of their citizens and therefore, should regulate harmful products. However, there is no compelling evidence that restricting the use of brands will improve public health… The standardized packaging of tobacco products also sets a dangerous precedent for other goods and services, including alcoholic beverages, soft drinks, snack foods, fast foods and even baby formula, a number of which are already being targeted with severe packaging restrictions, including tobacco style plain packaging.

American high tech companies take charge as the world’s most valuable brands

The top two spots on the list of the 100 most valuable brands are occupied this year, as last year, by Apple Inc. (NASDAQ:AAPL) and Google Inc. (NASDAQ:GOOG), respectively. These two companies have held their respective spots since 2013, when both were able to ouster The Coca-Cola Co. (NYSE:KO) from the leading position in the Interbrand study, which it had held since Interbrand began releasing the report in 2000. Interbrand’s top 10 global brands include a collection of Companies We Follow often here on IPWatchdog, including 4th-placed Microsoft Corp. (NASDAQ:MSFT), 5th-placed IBM (NYSE:IBM), 7th-placed Samsung Electronics Co. (KRX:005930), 8th-placed General Electric Company (NYSE:GE) and 10th-placed Amazon.com, Inc. (NASDAQ:AMZN).

Overcoming obstacles when enforcing your descriptive brand in the UK and rest of Europe

We’ve all been there. The Marketing team comes up with a shortlist of branding ideas for the latest product or service – and at the top of the list is a brand which is descriptive. As trade mark lawyers, we wouldn’t be doing our jobs properly if we didn’t explain that the descriptive brand will be more difficult to register as a trade mark than a made-up, distinctive name (in the UK anyway). Plus, it’ll be harder to enforce. However, the appeal of a descriptive brand (simple and clear) can’t be denied, especially with internet searching and online sales now so important. In this post, we’ll take a look at a few obstacles to enforcing a descriptive brand in the UK and Europe, and how to overcome them.

Terminology Management: Ensuring a Consistent Brand When Protecting IP Overseas

A North American fondue restaurant franchise found out just how essential terminology management can be when it expanded into Mexico in 2010. A translation service provider previously translated its kitchen training materials into Spanish, specifically for the restaurant’s Spanish-speaking employees in the United States who originally came from various Latin American countries. Company executives thought the Spanish they were currently using would be sufficient for the menu and other materials to be used in Mexico. When the Mexican franchise owners visited the company’s U.S. headquarters, it quickly became clear that one dialect of Spanish is not always the same as another. Different countries have their own dialect with words and phrases unique to each culture.

Why Brands Need to Pay Attention to Unregulated Domains

The ‘.bit’ domain, a new decentralized domain structure, has secured a small but loyal following, and could one day change the way brands operate online. .bit registrations are not associated with a name, address, or phone number, but are linked to a cryptographic identity, preserving anonymity. Unlike customary domains – such as ‘.com’ – ‘.bit’ cannot be accessed from traditional web browsers or registered using traditional currency. Instead, individuals attempting to gain access to these domains must first download specialized software that allows access to the sites using Windows browsers, and pay for the registration with a crypto currency called Namecoin.

Fashion Law and Business: Brands & Retailers

Fashion law has become as diverse, complex and global as the fashion industry itself. Fashion law can be analogized to entertainment, art or sports law, in that it is circumscribed by the nature of a particular industry, but is comprised of many distinct substantive practice areas of law. One way to describe fashion law is to say that it is the body of law and legal principles that governs the relationships among the various participants in the fashion industry, the relationships between such participants and the consumer, and the relationship between such participants and various governmental entities.

All-time Best Corporate Character Mascots

Recently Inc.com published an article titled The Art and Science of Corporate Icons, which discusses Skeeter the squirrel, who is apparently the only squirrel in the world allergic to nuts. Skeeter is also the cartoon mascot for Skeeter Snacks, a line of nut-free cookies created by Dave Leyrer and Pete Najarian, whose target audience is parents with children who have allergies to nuts. The Inc.com article, discussed the creation of Skeeter from the drawing board to the finished product, including what aspects of this critter they wanted to depict their brand. They wanted the product to not only be affordable and appealing to kids but also to show that they were “…more playful than other allergen-free brands.”

Health & Safety Risks from Counterfeits in the Supply Chain

The white paper outlines just how these counterfeit parts are entering the global supply chains. Even though there are government regulations and precautionary measures taken by the industry, there seems to be a growing problem with counterfeit parts that can cause damage and even fatalities. The introduction of the whitepaper claims: “The complex and distributed nature of supply chains has created vulnerabilities for companies and organizations. Governments and regulations can only go so far. As such, industry can benefit from taking a more proactive approach to protecting the supply chain from counterfeit products and pirated materials.”