Confusion

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What if you were told that if you agreed to "test" a Dell XPS laptop you could keep it, for free?

Would you expect the offer to be from Dell Computer?

After all, who else but the manufacturer would care to give a computer away for simply having you test it?

Would you at least expect the offer to be affiliated with, or authorized, or approved by Dell Computer?

What if the unsolicited email offer avoided your spam filter and looked something like this?

Would you click on the "CLICK HERE" icon as instructed, or would you scroll all the way down to the bottom of the page to see if you might be able to learn more before clicking?Continue Reading Free Dell XPS Laptop Spam Scam?

Mark Image

Brand managers and marketers often wonder about the risks and consequences of not enforcing or protecting their trademarks from infringement. A shooting target formed by a series of concentric circles is the best graphic I have found to illustrate the legal answer to their frequent question.

Judging from the robust criticism Twitter has received about its lax or laissez-faire approach to trademark enforcement, the Twitter folks have never seen (or perhaps they have chosen to ignore) the shooting target graphic illustration. Distilling these criticisms to their essence, basically there are more than a few folks out there asking Twitter: “What are you doing?”

The irony of this is hard not to find amusing, given how Twitter explains its reason for existence this way: “Twitter is a service for friends, family, and co–workers to communicate and stay connected through the exchange of quick, frequent answers to one simple question: What are you doing?” For Twitter, only time will tell how “simple” the trademark enforcement “question” is for itself to answer.Continue Reading On Trademark Enforcement & Protection: Is Twitter on Target or Off the Mark?

— Karen Brennan, Attorney

As an opening note, I am able to write about more than being a new mom, but it does bring up previously unexplored and interesting topics. Today: Baby Einstein. While I am sure most mothers agree that television is not the best thing for an infant, given the success of the…