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Tag Archives: YouTube

Can a YouTube Video Invalidate a Patent? It’s Certainly Possible

Posted in Articles, Audio, Infringement, Law Suits, Patents, Search Engines, Squirrelly Thoughts, Technology, Television, USPTO

One of the most common defenses to patent infringement is that the asserted patent is invalid. The reasons for invalidity regularly range from lack of utility, to incorrect inventorship, and even to fraud (as I’ve recently written about). Often, the defendant asserts that the patent is invalid for lack of novelty or non-obviousness–pointing to some… Continue Reading

The Five-Finger Copyright Discount

Posted in Audio, Copyrights, Fair Use, False Advertising, Guest Bloggers, Infringement, International, Loss of Rights, Social Media

–James Mahoney, Razor’s Edge Communications Recently violinists Rhett Price and Shiva Chaitoo got two very different lessons on the downside of posting performances on the Internet. According to an article in The Boston Globe, a fan of Price alerted him to a video of Chaitoo’s playing. Turns out, Chaitoo was pulling a Milli Vanilli, fingering his… Continue Reading

Lights, Camera…Now Take Action

Posted in Fair Use, Guest Bloggers, Idea Protection, Infringement, Marketing, Mixed Bag of Nuts, Squirrelly Thoughts, Technology, Television

– Jason Sprenger – President, Game Changer Communications Imagine for a moment you’re back in the year 1963…the time of Mad Men, the beginning of Beatlemania, the year of the “I Have a Dream” speech.  Who’s the most trusted man in America?  You might be surprised that it wasn’t Martin Luther King Jr., or even the… Continue Reading

Top 10 Branding Tips Using PR

Posted in Advertising, Branding, Goodwill, Guest Bloggers, Marketing, Mixed Bag of Nuts, Social Media, Social Networking

– Debbie Laskey, MBA There is an often-overlooked aspect of marketing that can be considered a distant relative. Public relations, also referred to as PR, is this sometimes forgotten but very important component of marketing promotions. At its core, PR can be defined as managing a brand’s image and reputation, but it touches all aspects… Continue Reading

Honey Badger Don’t Care, but the Owner of the Trademark Rights Do Care.

Posted in Articles, Branding, Food, Infringement, Law Suits, Mixed Bag of Nuts, Social Media, Trademarks, USPTO

We truly live in an amazing time, where nearly any person with access to a computer can obtain a nearly infinite amount of knowledge, create and distribute ideas and works of art to the entire world. Also, there are lots of cat videos and angry rants. YouTube is perhaps the most well-known and effective means… Continue Reading

And the Grammy for Most Likely to Receive a DMCA Notice Goes to…

Posted in Audio, Copyrights, Fair Use, First Amendment, Infringement, Social Media

Last Sunday was “Music’s Biggest Night,” at least according to the National Academy of Recording Arts and Sciences (NARAS). I haven’t watched many Grammy Award shows, but the possibility of seeing Paul McCartney and Ringo Starr performing together was enough for me to tune in, at least for a few minutes. I wasn’t paying particularly close… Continue Reading

Copyright Infringement Can Impact Your Brand

Posted in Copyrights, Guest Bloggers, Infringement, Mixed Bag of Nuts, Search Engines, Social Media, Social Networking, Technology

– Debbie Laskey, MBA Have you ever spent hours working on a document for work? That’s a silly question because most of us who recognize Microsoft software and SlideShare have spent countless hours working on executive briefs, lengthy project reports, presentation decks, and much, much more. Normally, we give our work product to our supervisors… Continue Reading

If You Ignore Thanksgiving, Your Brand May Suffer

Posted in Goodwill, Guest Bloggers, Marketing, Mixed Bag of Nuts, Social Media, Social Networking

– Debbie Laskey, MBA Do you use Thanksgiving to thank your customers and, in the process, build your brand equity and awareness? If not, you’re missing a big opportunity. With November in full swing, don’t make the mistake of focusing only on revenue from Black Friday, Cyber Monday, and after-Christmas sales. Instead, add a component… Continue Reading

What Does the Suffix Say?

Posted in Advertising, Articles, Branding, Domain Names, Infringement, Law Suits, Marketing, Trademarks

Ylvis, the Norwegian music/comedy duo, recently revealed the secret of the fox to more than a hundred and twenty-three million viewers on YouTube (as of this posting), answering the vexing question: What does the fox say? Not surprisingly, given this wide-spread attention, an individual apparently unconnected to Ylvis already has filed an intent-to-use trademark application for “What the Fox Say”… Continue Reading

Get to Know Mr. C, But Where Are His Eyes?

Posted in Advertising, AlphaWatch, Branding, Marketing, Non-Traditional Trademarks, Sight, Trademarks, Truncation, USPTO

Earlier this year Tiffany and I had a chance to learn about Procter & Gamble’s creative efforts in bringing Mr. Clean to life at the FUSE Conference in Chicago. Little did we know at the time, that a brand truncation might be in the works, and that there could be reason for an addition to the Alpha Watch here… Continue Reading

“Frankenstein” Class Action Suit Against YouTube Dies in Court…For Now

Posted in Copyrights, Guest Bloggers, Infringement, Law Suits, Mixed Bag of Nuts, Social Media, Social Networking, Technology

– Ryan Francis, Law Student, William Mitchell Law School      vs.   Is he alive? Not really, but the Manhattan Second District Court recently referenced the Frankenstein monster in The Football Ass’n Premiere League Ltd. v. YouTube Inc., No. 07 CIV. 3582 LLS, 2013 WL 2096411 (S.D.N.Y. May 15, 2013). In this case, plaintiffs alleged… Continue Reading

Are TV & Digital Mutually Exclusive? Not at All: Why Multi-Channel Marketing Makes Sense

Posted in Advertising, Branding, Guest Bloggers, Marketing, Mixed Bag of Nuts, Social Media, Social Networking, Technology, Television

– David Mitchel, Director of Marketing – Distribion, Inc. AdAge posted an article today featuring CBS CEO Les Moonves commenting why his network is a better fit for media buyers than digital media. One quote attributed to Moonves was: “If you need to reach a mass audience, you’re not going to get that online….We figured… Continue Reading

Twitter Can Be a Brand Marketer’s Best Friend

Posted in Advertising, Branding, Guest Bloggers, Marketing, Mixed Bag of Nuts, Search Engines, Social Media, Social Networking, Technology

– Debbie Laskey, MBA If you’re a marketer, you probably spend a great deal of your day checking Twitter, Facebook, Google Plus, and LinkedIn. Depending on your industry, you may also spend time on YouTube, Flickr, Instagram, and any number of other peripheral sites. But did you know that Twitter can be your best friend… Continue Reading

Lunesta and Stoogesta?

Posted in Advertising, Branding, Fair Use, First Amendment, Marketing, Trademarks

    It appears that Lunesta (eszopiclone) — apparently, the top prescribed branded sleep aid —  has a new fan, but as you’ll see, and hopefully for the Farrelly brothers, the newcomer won’t be anything close to a competitive medicinal product: Stoogesta (nimbiscus dumbphondenol). Stoogesta video on YouTube can be viewed here. We’ll have to wait until April… Continue Reading

Trademark Case to “Watch”: Rolex Sues Rollx Vans in Minnesota

Posted in Branding, Dilution, Domain Names, Famous Marks, Goodwill, Infringement, Law Suits, Marketing, Trademarks

          Another interesting trademark case was filed last Thursday in Minnesota federal district court, captioned Rolex Watch U.S.A., Inc. v. Associated Partnership Ltd., d/b/a Rollx Vans and d/b/a www.RollxVans.com. Here is a pdf of the Complaint and the attached Exhibit. The crowned plaintiff really needs no introduction. On the other hand, the defendant Rollx Vans is… Continue Reading

DVR Killed The Video Ad?

Posted in Advertising, Branding, Guest Bloggers, Marketing, Television

—David Mitchel, Norton Mitchel Marketing In 1981, MTV’s first music video was The Buggles’ “Video Killed The Radio Star”. The title of that song could be adapted to ask a more modern question. Is the DVR killing television advertising? Also, can brands successfully use television advertising in the era of the DVR? I strongly believe… Continue Reading

Save Big What? Where?

Posted in Advertising, Branding, Keyword Ads, Marketing, Search Engines, Trademarks

Seeing this Cartridge World vehicle bumper led me to wonder, is it possible to save anything big besides money? And, not to worry, I didn’t snap the photo, I was doing the driving. The www.savebig.com website doesn’t seem to offer any help answering my question. According to a more complete Cartridge World slogan, what ever it is you… Continue Reading

My, my, my . . .

Posted in Branding, Marketing, Trademarks

–Dan Kelly, Attorney I recently had another experience of coming across a branding trend that, while perhaps old in the creative world, hit me squarely through close-in-time repetitive encounters with the phenomenon, starting with these three marks: Not to get too complex, but the “My 29” station carries broadcasts of nearly all home and away Twins… Continue Reading

Welcome to the World of Plasticville, U.S.A.

Posted in Branding, Domain Names, Goodwill, Marketing, Trademarks

–Dan Kelly, Attorney I enjoy stumbling upon niche products and markets that I am completely oblivious to in my day-to-day life.  One such recent find was a store dedicated to model trains.  Growing up, I built a few models–typically aircraft, and eventually model rockets.  I’ve consequently always had a dim awareness that model train building… Continue Reading

Vee-Dahb’s “Punch-Dub” Ad Campaign a Real Hit Among Juveniles

Posted in Advertising, Branding, Marketing, Television

VW continues to live up to its "Drivers Wanted" tagline. Most recently, however, it appears focused on planning for the future, planting the seeds of interest with, and on winning over, those who don’t yet have a license to operate a motor vehicle. As far as I can tell, it appears to be a smart move. Probably my favorite… Continue Reading

Out for Blood (or Money)?

Posted in Copyrights

— Karen Brennan, Attorney The recent success of the Twilight books and movies has definitely sparked worldwide interest in vampires.  I am only slightly embarrassed to admit that I am on Team Edward, along with my 10-year-old niece. With Twilight’s popularity, it didn’t take long for other vampire-based books, television shows and movies to pop… Continue Reading