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Category Archives: Technology

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iOS 8: Bigger, faster, but still not a valid trademark (yet)

Posted in Fair Use, Non-Traditional Trademarks, Product Configurations, Technology, Trademarks, USPTO

Although the iPhone 6 was the headliner, Apple’s release of iOS 8 was a respectable supporting act. Unfortunately though, the negative headlines keep coming in as poor performance reviews have kept more than half of Apple users from downloading the new operating system (your dear author included among them). Apple received some additional bad news… Continue Reading

Silicon Valley x Fashion District = Blurred Lines

Posted in Advertising, Agreements, Branding, Copyrights, Fashion, Infringement, Marketing, Patents, Product Configurations, Technology, Trademarks

Growing up in the 80s, it’s amazing how both fashion and technology have evolved since Scrunchies and Commodore 64s – although a quite separate evolution. I can’t recall a fashionable pager (really, go try to find one), or a chic mp3 player (I had an Archos Jukebox, look at that brick). That all changed once Apple… Continue Reading

Personal Brand: Beware of what Facebook is doing

Posted in Guest Bloggers, Mixed Bag of Nuts, Social Media, Social Networking, Technology

- Aaron Keller, Managing Principal, Capsule There was a time, back in the day, when you could just “Google” yourself and that was the best way to assess the value of your personal brand. Simple quantifiable way to see how many mentions you had on Google’s interwebs (the reference is intentional). And, you could dig… Continue Reading

Apple’s Word Count for Non-Verbal Branding

Posted in Articles, Branding, Goodwill, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Sight, Technology, Trademarks, USPTO

A picture is said to say a thousand words, and ironically that is almost literally and exactly true when it comes to Apple’s focus on non-verbal icon branding. A week before the 4th of July, Apple filed these three non-verbal trademark applications: Clicking on each will take you to the detailed USPTO information for each application,… Continue Reading

Is it Roomba or is it Rosie? A New World of Co-Created Identity

Posted in Branding, Guest Bloggers, Technology, Trademarks

- Jason Voiovich, Vice President, Marketing, Logic PD 80% of owners name their Roomba. Colin Angle, CEO of iRobot (the maker of said autonomous vacuum cleaners) dropped this unexpected bomb during an interview with Celeste Biever from New Scientist.  The subhead of the article asks the obvious question (why do consumers name inanimate objects) without really answering it… Continue Reading

Business in the Age of the New gTLDs

Posted in Domain Names, Guest Bloggers, Search Engines, Technology

- Mark Skoultchi, Catchword Brand Name Development As you may have heard, the Internet is undergoing a growth spurt of unprecedented proportions. Over 1000 new global top level domains (gTLDs) are in the midst of launching, so in addition to familiar extensions like .com, .org, and .net, expect to start seeing .nyc, .company, .nike, and… Continue Reading

Protecting the World’s Most Valuable Non-Brand

Posted in Branding, Contracts, Guest Bloggers, Mixed Bag of Nuts, Search Engines, Technology

- James Mahoney, Razor’s Edge Communications “Brand” and “branding” are the current darlings of the fashionista class. They’re rapidly driving those terms into the realm of cliché by busily associating them with practically everything you can think of. But in the midst of branding’s 15 minutes of fame, a potentially crippling challenge faces the non-brand… Continue Reading

Calling Non-Traditional Trademarks By Name

Posted in Advertising, Articles, Branding, Look-For Ads, Loss of Rights, Marketing, Non-Traditional Trademarks, Product Configurations, Technology, Trademarks, USPTO

Things that are worth talking about need names. Good, distinctive names are best. As you may recall, last year we wrote this about non-verbal logos needing names: “Marketing types, when brand owners operate in the world of non-verbal logos, isn’t spreading the news by word of mouth more difficult without a word to bring the image… Continue Reading

Droning On and On, About A Trademark?

Posted in Articles, Branding, Marketing, Non-Traditional Trademarks, Product Configurations, Sight, Technology, Trademarks, USPTO

Months after Amazon’s recent media ploy, drones continue to capture news headlines. Hours ago, an AP story ran, suggesting that the Federal Aviation Administration’s present ban on commercial drones will result in global competitors flying right by the U.S., leaving us in their economic dust, as other countries around the globe embrace the commercial use of drones…. Continue Reading

1ST & TEN at the Super Bowl: The Brand You Probably Don’t Know You Know

Posted in Branding, Marketing, Patents, Technology, Television, Trademarks

The NFL is known as a trademark monetizing machine, and this year’s “POT BOWL” is not without its share of trademark stories.   It was recently reported that running back Marshawn Lynch of the Seahawks makes six-figures (for charity) from licensing his BEAST MODE trademark.  Both the Broncos and the Seahawks have battled with Texas… Continue Reading

Copyright Infringement Can Impact Your Brand

Posted in Copyrights, Guest Bloggers, Infringement, Mixed Bag of Nuts, Search Engines, Social Media, Social Networking, Technology

- Debbie Laskey, MBA Have you ever spent hours working on a document for work? That’s a silly question because most of us who recognize Microsoft software and SlideShare have spent countless hours working on executive briefs, lengthy project reports, presentation decks, and much, much more. Normally, we give our work product to our supervisors… Continue Reading

Gold Digger

Posted in Branding, Infringement, Law Suits, Technology

Since I’m a massive contemporary hip-hop fan (okay, not really), I felt compelled to comment on the entertaining “Coinye” controversy that recently bubbled over.  For those of you not in the know, “Coinye” was apparently intended to be a virtual currency in the same vein as BitCoin. The lawsuit was brought in Federal Court in… Continue Reading

How YouTube Can Revolutionize Your Brand

Posted in Guest Bloggers, Marketing, Mixed Bag of Nuts, Social Media, Social Networking, Technology

- David Preston At its onset, YouTube was a hub of amateur videos used mostly to get a laugh out of a worldwide audience. However, today it has graduated to become the stomping ground of professionals, businesses, celebrities and even The White House. However, for many businesses, especially small businesses, YouTube can be a daunting… Continue Reading

Are we ready for Big Data to buy Big Ad?

Posted in Guest Bloggers, Mixed Bag of Nuts, Squirrelly Thoughts, Technology

- Jason Voiovich, Vice President, Marketing, Logic PD Ad agencies are in a bit of a data land grab. For the past five years, the big agencies conglomerates have been falling over themselves to acquire or build digital marketing practices. More recently, that focus has evolved into an unstoppable urge to not miss the boat… Continue Reading

Amazon innovation? Nay. Good, old-fashioned bamboozling

Posted in Advertising, Marketing, Mixed Bag of Nuts, Technology, Television

Does anyone else think Amazon’s Jeff Bezos utterly bamboozled Charlie Rose and the good folks over at 60 Minutes last Sunday night? In his interview with Rose, Bezos unveiled a service he dubs “Amazon Prime Air,” a delivery service that would use autonomous drones to deliver Amazon goods weighing less than five pounds in perhaps as… Continue Reading

Hanging Around Trademark Disputes

Posted in Articles, Branding, Famous Marks, Infringement, Law Suits, Loss of Rights, Search Engines, Social Media, Social Networking, Technology, Trademark Bullying, Trademarks, USPTO

When you hang around trademark disputes long enough you start to see patterns, at least, at the ends of the spectrum (or not). We have spilled much digital ink over allegations of “trademark bullying” — something that does occur, but in the grand scheme of all trademark enforcement matters, the instances of actual bullying and abuse seem… Continue Reading

The Two Scourges of the News Media

Posted in First Amendment, Guest Bloggers, Mixed Bag of Nuts, Social Media, Social Networking, Technology

-  James E. Lukaszewski, ABC, APR, Fellow PRSA If you’ve been interviewed by any news medium, if there’s a chance you’ll be interviewed any time soon, or you are likely to become the target of news media coverage or new media coverage, this discussion is for you. The two scourges of the news media, primarily… Continue Reading

Do Marketers & Salespeople Ruin Everything?

Posted in Advertising, Guest Bloggers, Keyword Ads, Look-For Ads, Marketing, Mixed Bag of Nuts, Search Engines, Social Media, Social Networking, Technology

- David Mitchel, Director of Marketing – Distribion, Inc. During the recent LIMRA-LOMA Social Media Conference for Financial Services, one of the key points that keynote speaker Gary Vaynerchuk made was that marketers & salespeople ruin everything. “Ruin everything” is a subjective phrase, and was meant in terms of various marketing channels. Is he right?… Continue Reading