Chris Camardello, Bankruptcy Attorney

Those who license the right to use another’s brand need to pay more attention to the resulting risks when the brand owner files bankruptcy, given the uncertainty resulting from some recent legal developments.  And those interested in purchasing brands in bankruptcy should sit up straight and pay special attention

Last week, Jack Ellis of World Trademark Review, did a very interesting piece on something called “invisible branding”: “Trademark-free marketing: should other companies follow Ford?”

In it, Ellis explores Ford Motor Company’s recent decision to utilize no trademark or brand references in Ford’s “Go Further” advertising campaign.

It is interesting timing for Ford to

Absorbing all the television commercials in between football action on the field can be as much fun on Super Bowl Sunday as the actual game itself, at least for trademark and marketing types, especially when your favorite team isn’t even on the field.

One of my personal favorites from this past weekend’s Super

Jennifer Bjorhus of the Star Tribune continues her close coverage of the Polaroid bankruptcy saga. For prior Polaroid posts, see here and here. In her latest report, here, the Court appointed receiver in the Polaroid bankruptcy, Doug Kelley, is quoted as saying “It will take an intellectual property genius to tell us whether the rights go along [with a sale].”

Bjorhus reports that ‘Polaroid failed to obtain copyrights to the work it meticulously collected over the years by lending photographers film and equipment in exchange for a few sample works in return.” Presumably what she means is that there are no copyright “registrations” covering the works in question, since copyright exists automatically upon the creation of “an original work of authorhip,” once the work is “fixed in a tangible medium of expression.”

Apparently the $10,000 fee that was paid to Sotheby’s to assess the value of the art did not consider the question of whether Polaroid owns the underlying unregistered copyrights in any of the original artwork.

Although it may be beneath the perspective of the requested “genius,” the resource below the jump might be a place to start.

Continue Reading Still More on Polaroid: The Call For An Intellectual Property Genius!