–Dan Kelly, Attorney
I’m speaking of the e-mail variety of spam. I had occasion recently to ask some tech-savvy folks if they knew the origin of the word “spam” as applied to voluminous, unwanted e-mail. Most did not.
I am aware that a few stories have been floated on the etymology of spam as applied
Same drill as yesterday. Another email spam scam? More trademark fair use abuse?
Is it just me, or is the branded email spam coming out of the virtual woodwork, or what?
It appears that spam email — complete with fully branded solicitations — is becoming more and more aggressive, both from legal and technology perspectives.
We
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?
This unsolicited e-mail communication from the Caribbean Island of Nevis got trapped in our spam filter, but I thought I’d remove the link and bring it out under a short leash for some legal training and discussion:
Trademark fair use, you ask?Continue Reading Fair Use of the Google Name, Logo, and Distinctive Color Combination?
What does Twitter have in common with Kool-Aid, Mickey Mouse, and Spam? Maybe nothing, at least yet, but I predict that it will soon, unless Twitter retains some talented PR help in a hurry. Why?
The Kool-Aid, Mickey Mouse, and Spam brands all have spawned secondary or alternate and negative non-trademark meanings that have become part of the English language, meanings in each case that lack positive brand associations, to say the least. If Twitter is not careful it will find itself “following” the likes of Kool-Aid, Mickey Mouse, and Spam, and be in the similar undesirable position of tolerating language changes that distract from their brands and favorable brand messages, to be left watching others make generic use of their brand names to communicate a variety of ideas and meanings that are neither flattering nor brand building.Continue Reading Is Twitter¬Æ “Following” Kool-Aid¬Æ, Mickey Mouse¬Æ, and Spam¬Æ?