IP SOLUTIONS BLOG

With the close of comments from the recent Internet Corporation for Assigned Names and Numbers (ICANN) meeting in Sydney, opinions still vary as to how the launch of new generic top level domains (gTLDs) will affect brand owners. The creation of such customized gTLDs may be exactly what you want. For others however, particularly those who use arbitrary terms as their brand name, this could be more problematic.

Take Apple® for example. Long before it was one of the top 30 most valuable brands in the world or had anything to do with a computer, an “apple” was just a fruit. Arguably scores of apple growers associations throughout the world primarily still think of “apple” as a fruit and would like to own the top level domain “.apple” if they could have it. Fact is, in the U.S. alone, the word “apple” is a registered trademark to several brand owners in 11 different classes, including music, computers, cosmetics, garden tools, horseshoes, tourism services, bags, rubber seals, tobacco, books and toys. So, who should get first bite of the “.apple” top level domain name? Or, should there be an .apple domain at all?

Explore this issue further in the latest issue of Thomson CompuMark’s Client Times Online, with an insightful article written by Foley & Lardner’s Jon Dudas, Jeff Kobulnick and Norm Rich.

If you would like to subscribe to Thomson CompuMark’s Client Times Online e-newsletter, please contact Victoria Poor, Marketing Communications Manager for Thomson CompuMark.

Victoria Poor, Marketing Communications Manager, Thomson CompuMark Brand Protection, Trademarks brands, gTLDs, Trademarks

Trademark professionals worldwide have turned their attention to the power of social media and its effects on trademarks and brands. What was once considered to have a benign impact on brands is now a challenge to overcome for many trademark owners.

The challenge for trademark owners in social media environments is not so much brand confusion, but rather in dealing with and being relevant in open, uncontrolled, and unregulated global communication networks where their relevance, reputations, image and statements are subject to immediate and massive commentary and opinion which can have a direct effect on their revenue and longevity.

The meaning of a trademark/brand as a symbol of reputation takes on a whole new meaning in this environment because the control over reputation can easily shift from the brand owner to the consumer/observer/publisher community. Trademark/brand owners are learning that keeping or harder yet, regaining control requires taking an active role in these communities by fully participating as a community member.

Steven Weinberg, an attorney with Cowan, DeBaets, Abrahams & Sheppard LLP, discusses the realities of twitter, Facebook and other social media vehicles that face the trademark industry in the in the July issue of Client Times Online. Read on.

If you would like to subscribe to Thomson CompuMark’s Client Times Online e-newsletter, please contact Victoria Poor, Marketing Communications Manager for Thomson CompuMark.

Victoria Poor, Marketing Communications Manager, Thomson CompuMark Brand Protection, Trademarks Brand Protection, Social Media, Trademarks

How powerful is trade dress? Consider the consumer recognition of the shape of a well-known soft drink bottle, the color scheme of a fast-food restaurant or the distinctive profile of a luxury car radiator. Your product’s distinctive appearance, shape, color scheme, or packaging— its trade dress—can play a powerful role in its market success.

Thomson CompuMark has recently launched its new Trade Dress Search product, which is among the most unique searches in the industry. For those IP attorneys and marketing professionals who want to protect their product design, packaging or labeling, trade dress can be the next step that you take to ensure the success of your brand. We can help you to clear your product shapes, the colors you may use in your branded facilities or packaging that you may want to secure as part of your own distinctive branding. Don’t risk the financial investment before you conduct your trade dress search.

Learn more about trade dress protection.

Victoria Poor, Marketing Communications Manager, Thomson CompuMark Trade Dress Trade Dress

When Protecting Your Brands Requires Enforcement and Discretion

While most people in the IP industry can identify with trademark owners whose marks have been infringed, there are a lot of situations where an allegation of infringement should never be made. In fact, there are more and more cases where courts are finding against overly aggressive trademark owners.

Some trademark owners have the “scorched earth theory of enforcement” – the more far reaching and aggressive your protection strategy, the better off your trademark. No one will stand up to someone who is willing to go all the way to court. This is a good strategy, right? Not necessarily.

View the recorded web session to learn best practices on protecting trademark and brand rights and how sometimes, it’s best to tell clients no.

Victoria Poor, Marketing Communications Manager, Thomson CompuMark Brand Protection, Trademarks Brand Protection, Trademarks