— Karen Brennan, Attorney
Now that the Tour de France is over, it looks like the choices in evening television once again consist of several versions of the same reality show. I can’t complain, the Tour was phenomenal this year and I enjoyed every minute I was able to watch (thank you DVR).
Last
— Karen Brennan, Attorney
Last month, Eddie Van Halen’s company, ELVH, Inc., filed a lawsuit against Nike for copyright infringement. The complaint alleges the above-depicted model of Nike’s Dunk Low shoes infringe his copyright in the red, white and black striped Frankenstein guitar design. The lawsuit is seeking not only profits from Nike’s sale of
— 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
— Karen Brennan, Attorney
Mommy Bloggers are an ever-growing group of women, estimated to number well into the millions, connecting over the Internet and sharing stories, tips and information relating to all aspects of motherhood. There is no doubt Mommy Bloggers are impacting the on-line advertising and marketing world. BusinessWeek recently ran an article dedicated to pitching products and services to Mommy Bloggers and many major companies are attempting to wield the Mommy Blogging economic power. For example, Wal-Mart’s web site now includes a blogging hub for moms (Elevenmoms) and General Mills has a new blog, written by hundreds of moms recruited to blog about free products they are asked to review, in the hopes the bloggers will spark interest in the products they like.Continue Reading Mommy Bloggers Mean Business
— Karen Brennan, Attorney
If you were a teenage girl in the 1980’s, you either owned a pair of Guess® jeans or begged your mother night and day to own a pair (to which she most likely replied “you can beg until you are blue in the face, but I am not paying $60 for
— Karen Brennan, Attorney
While on maternity leave, I watched a lot of daytime television. From this experience a learned a few things. First, I am incredibly happy I didn’t discover A Baby Story until after I had given birth. Second, whatever Oprah mentions turns to gold.
Oprah’s marketing power comes as no surprise to
— Karen Brennan, Attorney
Too often, trademark owners that seek to exploit their brands through various licensing arrangements inadvertently fall into the trap of an unintended franchise. Such disguised franchises can lurk in a variety of agreements and relationships, including reseller, distribution, and independent contractor agreements that include a trademark license with a fee along with very detailed quality control requirements. Sometimes those requirements are more a reflection of the licensor’s intent to control the business activities of the licensee than merely to ensure the products and services meet certain quality control standards. When the licensor exerts too much control over the day to day activities of the licensee, the relationship can evolve from a licensor/licensee relationship to a franchise with serious implications.
Several states have a “three prong test” to determine if a franchise exists. Those requirements generally include: (i) a license to use a trademark; (ii) the payment of a franchise fee for use of the mark; and (iii) significant control exerted by the licensor/ franchisor or significant assistance given by the franchisor or assistance by the licensor. The control required to create a franchise relationship can be established by training programs, operation manuals, and established business or marketing plans or methods of operation.Continue Reading Beware–There May be a Hidden Franchise Lurking in Your Trademark License
Quality control standards are important in developing trademark agreements.
Continue Reading Don’t Forget the Trademark License or You May be Caught Naked
— Karen Brennan, Attorney
The Sci Fi Channel is changing its name to SyFy and the tag line “Imagine Greater”:
Into the black hole will go the name Sci Fi, along with the Saturn logo. Company officials noted one problem with the former mark was that it was generic and could not be trademarked
— Karen Brennan, Attorney
I admit it—I have been watching too much TV in this last, incredibly slow, trimester of pregnancy, while my husband and I await the arrival of our bundle of joy. During one such evening, a commercial came on that started with a floating red umbrella and music, soon joined by Catherine