– 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?

As promised, here are some further thoughts, lessons learned, and remaining unanswered questions concerning the recent and long-anticipated decision of the Second Circuit Court of Appeals in Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc.

Lessons Learned for Marketing Types:

  • Single color trademarks may be owned, registered, and protected when

We thought we had arrived when DuetsBlog made a listing of the Top 100 Branding Blogs, and it also was kind of nice when the DuetsBlog mark became federally registered, but now it appears we have reached yet another level of notoriety, appreciation, and respect altogether, as DuetsBlog is now receiving the most thoughtful of email solicitations all the

A little while back I wrote about the Likelihood of Confusion test in Trademark Law and how it protects trademark owners against much more than simply likelihood of confusion as to source.  

I also wrote about how Wolf Appliance was able to convince a federal judge in Wisconsin to grant a preliminary injunction barring Viking Range from selling a

Unable to resist a good trademark story, I snapped this photo in one of the countless gift shops along Hollywood Boulevard, as my family searched for various stars and did the "Walk of Fame," a week or so ago. What drew us into this particular shop was a striking wall full of shelves displaying what appeared to be rows upon rows of mini-Oscar gift statuettes.

Unlikely, however, as the Academy of Motion Picture Arts & Sciences "has carefully limited reproductions of the Oscar statuette . . . ." In fact, the Academy has a pretty controlled press-kit full of legal regulations, and the only trinkets that the Oscar trademark is federally registered for appears to be clothing, books and pamphlets; and the non-verbal two-dimensional depiction of the Oscar statuette is federally registered as a trademark for only clothing, pre-recorded videotapes, and books and pamphlets, no trophies or other gift items, it appears.

Indeed, upon closer inspection, the shop’s sign appropriately reads: "Small Trophy $8.99." It struck me that this is literally the sign of an effective trademark enforcement program. Left to their own devices, it wouldn’t be surprising to see shopkeeper’s signage reading "take home your very own Oscar style trophy," or "Oscar style trophies for sale," but the well-trained sign makes no such mentions and it does not utter the words "Oscar" or "Academy Awards," presumably because the Academy’s Oscar trademark police frequently patrol these parts. Or, perhaps when you’re positioned on Hollywood Boulevard, tourists get the picture, so to speak, without the use of another’s probably famous trademark.

What about when your gift or trophy shop is not on Hollywood Boulevard, but instead, somewhere along the Information Superhighway or beyond?Continue Reading The Sign of a Successful Trademark Enforcement Program

by Mark Prus of NameFlashSM

Some of my name development clients are fans of long, keyword-rich names. Obviously the appeal of a search engine spotting your website is driving this approach.

Some of my naming clients are fans of short names that can be easily shared on Twitter.

Which approach is better?

I will