Showing posts with label infringement. Show all posts
Showing posts with label infringement. Show all posts

Wednesday, May 28, 2014

Averting Disaster – Do Your Research (Part 2)

When close to 1000 hours of work have gone into designing and marketing a product and suddenly, because of legal complications, the product has to be completely rebranded – where does one begin?

The following story is true. Certain names and details have been altered to protect the privacy and integrity of those involved.  Read Part 1 of the article.

Step 1 – Scramble

Upon receiving the news that The Tea Council had to be retooled, three things happened almost immediately. The first was our project manager had a brief meeting with each individual involved in the project and asked us what was necessary and what was possible based on what needed to be rebranded. He asked specifically if it could be done in a week. The second thing that happened almost instantly was a decision was made on what to now call the conference. It was changed to “The Tea Lovers Summit”. Finally, an email blast (about 40,000 emails) was sent to everyone who had already signed up for, or purchased, the summit explaining that it was being pushed back by one week.

Step 2 – Rethink Possible

My initial reaction was that it couldn’t be done. For my part, I would have been responsible for removing any mention of the term “the tea council” from both audio and video of all content materials. When I considered that I had already put in 100 hours of work and had to contemplate the host of the conference potentially redoing or scrapping several interviews, I thought there was no way it could be done along the desired timeline. Upon deeper reflection, I thought about removing most of the work from my own time and allowing most of the work to fall on my computer’s shoulders.

It takes far longer to grow a hedge than it does to trim it. Removing any specific mention of “the Tea Council” didn’t mean listening through and completely reediting the interviews or completely building a new video – the processes that are the most time consuming – it meant just chopping off a few bits and making a new file. Luckily the lawyers did a lot of the work for me. Transcripts of every presentation, which had already been done by our team, were handed over to the summit presenter’s lawyers and were then transferred over the Council on Teas legal team for review so as to determine what kind of verbiage would need to be omitted from the presentations. We discovered that the Tea Council was only ever specifically mentioned during the introduction and outro of every presentation. I had the presenter record a standard introduction that used the new moniker for the conference, which I then replaced with all the previous introductions, and simply cut any mention of the conference should it have happened an the end of the presentation. This meant that almost 99% of the presentation stayed in tact. From there it was a simple replacement of the audio from the videos with the new presentation audio, instead of building a brand new video from scratch.

Step 3 – Prepare For a Few Sleepless Nights

Besides all the work on my end, there was the website which thankfully didn’t have to be rebuilt, only migrated. All the copy had to be changed, and with all the banners and logos the style was fine and only the wording had to be tinkered with slightly. Getting all the content back out took a mere 3 days, and most of that work was my computer rendering new files - I simply had to be around to set it up and execute it.

The Fallout

At the end of the day we had all our materials approved and ready for the new launch a solid 48 hours before the conference was finally released to the public. Dealing exclusively digitally meant that no manufactured products had to go to waste. Ultimately, what it amounted to was nothing more than 24 hours of unwarranted panic because of course it was possible to rebrand the entire conference. All it takes to do anything is a competent team, assured in their own strengths, with the commitment to get the job done. Admittedly, the conference did not achieve the lofty expectations we had initially set out with, but we learned what our team was capable of when put under duress – and the response was nothing short of splendid. Furthermore, we learned a very valuable lesson – before you do anything, do your research.

Tuesday, June 12, 2012

Intellectual Property: Tips on How to Protect Your Business Online


Intellectual property is anything that you or your business creates that is the property of your business. Each of the super heroes in the smash hit movie, Avengers, are the intellectual property of Marvel Comics. This means you can’t use The Hulk to advertise your spring sale. When you or your company creates a piece of intellectual property whether it’s a slogan, a character, a recipe or logo you are well within your rights to make sure that property is protected. In this age of social media networking, keeping up with that protection can become a challenging and full-time job. The following are some insightful tips on how you can protect your intellectual property and what to do when someone steals it.

·         Patent, Trademark, and/or Copyright First

You really can’t make a claim against someone who is using your intellectual property unless you first register that property. This will require filing an official trademark or copyright application for your property. A trademark protects your company information from being used by another company. Going back to the Avengers example, the next Batman movie can’t have Spiderman in it because those are two separately trademarked characters and can only be used with permission from the trademark owner. Copyriting typically applies to a work that you intend to publish like a story, article or photo. These can also be created by your business as a way of promotion but can’t be used by other companies unless you give them permission. A lawyer who is familiar with these types of laws can advise you as to which is the best application to file for protection.

·         IP Monitoring

If you are serious about protecting your intellectual property then you’re going to have to invest into some time into monitoring your brand to see if your property is being inappropriately used. This isn’t just about checking into Facebook once a day, but instead dedicating time to conduct comprehensive searches across all kinds of social networking sites and other web portals.

·         Decide If Your Have Been Infringed Upon

Suppose your company creates a brand icon like the Pillsbury Doughboy. After trademarking this icon, it becomes very popular and begins popping up as people’s profile picture or on their blogs. Is that real infringement? Is your business being damaged? Your reputation being tarnished? Only you can make that call but just because someone might be using your icon or other intellectual property in the vast outreaches of cyberspace doesn’t mean your business will suffer. On some level, you can’t realistically chase down every infringement. You have to pick your battles wisely.

·         Taking Action

When it has been determined that your intellectual property is indeed being misused then you can take appropriate legal action. The first would be a cease and desist order. This would be a legal letter sent from your company’s attorney informing the user that they need to stop using your intellectual property immediately. Once you’ve put them on notice and they still keep using the property, you can sue them for trademark or copyright infringement. Proving damages in court can be tricky and costly for you. Often, the cease and desist order will do the trick.