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.

Averting Disaster – Do Your Research (Part 1)

I was recently privy to one of the worst branding disasters I’ve ever encountered. The effect on the team launching the product was near catastrophic and hindsight proved just how avoidable it all was. There are a few simple rules to a product launch and I’m hoping that my recent experience can shed a light on how to avoid this problem in the future.

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

The Product

I work as a digital media consultant responsible for developing content for various companies that choose to market their business on the internet. A well-intentioned individual who runs a website and blog devoted to tea was looking to expand their audience by hosting an online tea conference bringing experts from all over the world to discuss everything concerning tea, called “The Tea Council”. The online conference would be composed of 30 presentations and interviews on various subjects as they relate to tea marketed for free over a one-week period, and available for sale thereafter through the blog and various affiliates for $29.99.

The Team

A tremendous amount of work is involved to put together one of these online conferences for which there are numerous benefits to the consumer. First, during the week of the conference the information is available for free. Second, there is no need to buy a ticket, purchase a flight, or book a hotel room in another city - the entire conference can be enjoyed from one’s bedroom. And finally, the information is available to the consumer in perpetuity. In order to create this product, a whole content team and marketing team need to be assembled to create the product and to put it out to the world. Web space for the “theteacouncil” was purchased and all content and marketing for the conference would be channeled through that space. A single online conference takes a solid 2 to 3 months to put together employing about a dozen individuals all trained in their specific discipline as well as coordinating with a large group of experts who all have a stake in how great the reach is for this conference.

My Role

As the one responsible for designing the content, it was my job to consult with our client on how to make the best use of digital media to communicate the information of an expert with an audience of lay people. An interview is conducted between the conference host and the expert that is recorded and edited, and then turned into a final podcast-type deliverable for the consumer. Those interviews are then transcribed, from which a power point presentation is created. This power point is then turned into a video and is matched with the audio presentation which itself is delivered to the consumer. All in all, for thirty presentations, on my end alone, it was about 100 hours of work.

How It All Broke Down in the Blink of an Eye

We were less than a week away to launch. All the content was in place, all the affiliates were on board, and initial pre-registrations had already taken place. Heavy traffic was already heading to the website and sales were already being made. The client received a cease and desist letter from the owner of a website called “councilonteas.com”. After an initial review from a lawyer, although being reassured that the Council on Teas didn’t have much of a case, legal fees alone would cut significantly into the budget of the conference. The owner of the Council on Teas was also adamant that a deal could not be struck and that the Tea Council was in breach of a trademarked product and would be legally blocked from launching their product, and would face legal repercussions and be prosecuted to the full extent of the law, should they continue with their launch as planned.

 Lesson Learned

A simple Google search would have shown the existence of the Council on Teas company and their website, and the initial decision to launch the conference as “The Tea Council” had to be considered a terrible oversight. Even if the desired web space was available, it would have been preferable to do some initial market research and explore any websites and names that might have even been remotely similar to anything they wanted to launch.

Read on to Part 2 to find out what it took to finally get a completed product completely rebranded and launched.

Ways to Save On Startup Legal Fees

If you're starting up a business there will come a time when a good lawyer will be your best friend. However, that doesn't mean you need to utilize their bill-by-the-minute services for every legal decision you make. There are ways to avoid legal fees. Consider these options:

Go Boilerplate

If you've ever signed a renter's agreement for an apartment you were probably using a boilerplate contract. This is a template agreement already drawn up by a lawyer and is readily accepted by both sides. You might find that many of business contracts can use boilerplates that are available for free on many online legal resources sites. These contracts can include:

• Commercial building lease agreements
• Employee contracts
• Vendor agreements
• Non-disclosure agreements

Just because you're using a boilerplate contract doesn't mean you can't put in your own terms, dates and names. That's what these contracts were created for. Here's a dirty little secret: You know that expensive lawyer you hire to write up your contracts? They use the same boilerplates. You didn't think they wrote every word of a new contract did you?

Ask For a Fixed Fee

Much like the boilerplate contracts, there are also boilerplate services. Filing for a trademark or setting up a corporation are pretty much routine. The only changes that are made are the names in each of the contracts.

Does this mean you should be paying a lawyer by the hour to get those papers in order?

Not at all.

Ask around and see if you can find a lawyer to handle those kind of for a fixed fee. That means whether it takes them two or 20 hours it will only cost you one price

.

You could also offer stock options in exchange for legal services. The caution with that is giving away too much for the kind of "simple work" mentioned above. Your new investors might not be happy about that.

And, if you want to avoid hiring a lawyer for basic corporate services, consider using a document filing service (like CorporationCentre.ca!) to submit your paperwork at a much smaller fee than a lawyer may charge.

Part-Time Lawyer

You might find that after your initial start-up filings you don't need a lawyer all that much. However, you're now stuck paying a hefty monthly retainer to a law firm. Not a wise move.

Instead, look for a firm that can provide you with a part-time attorney. This is someone you can talk to once a week for a reduced fee. Save up your questions and make that weekly meeting count. You can also look into legal insurance. You pay a small premium in exchange for getting a lawyer only when you need them. That's a lot less than the big retainer fee.

If you should ever come across a complicated issue with taxes or find yourself being sued then you don't want to turn that into a DIY legal matter. Get a good lawyer on your side. For everything else, look for flexible options from your legal firm.

5 Myths About Small Business Law

There is a familiar courtroom saying that goes, "A person who decides to represent themselves has a fool for a client."

What that means is that you shouldn't cut corners when it comes to legal matters especially in your business. There is just too much at stake. That same idea can apply to what you think you know about the law.

There are many myths about small business law that can fall under the category of "They say" or "I heard." Neither one of those ideas should be trust. Case in point: These five myths about small business law:

Myth One: Patents keep your intellectual property protected.

There are many variables that go into filing a patent. One tiny slip-up could open the door for someone to swoop in and make a clone of your idea incorporating a variable that allows them to score their own patent. Although it might not be fair, a bigger corporation could also "borrow" your design and make its own modifications. You can take them to court but they can also crush you with their legions of lawyers. And if there is patent infringement overseas, good luck! This doesn't mean you shouldn't file that patent. Just know it's not a complete shield.

Myth Two: A contract has to be thick to be any good.

Wrong. The best contracts are the ones that are easy to assimilate and understand. One of the reasons that contracts become complicated, is because lawyers like to bill for any ongoing changes.  If you can get a contract boiled down to a few pages then you'll be ahead of the game. Just because lawyers like to throw around a bunch of legalese doesn't mean they have to. That isn't the law!

Myth Three: You can't be sued if you did nothing wrong.

Actually, you can. Anyone can sue you for anything. That doesn't mean the case won't be tossed out be a judge, but before that happens you'll still have to hire a lawyer and defend your company's interest. It could be that the litigant is just trolling for a settlement. Tort reform is a big issue in many countries. There are some places where the loser has to pay all court costs. That could curtail frivolous lawsuits but until that becomes a universal law brace yourself.

Myth Four: All you need is a trademark to protect your brand.

Not so much. First of all, getting a proper trademark can be a very complicated affair. Even when you do get a trademark issued it can only apply to certain territories. That means you have to go multiple places to be truly protected. On many levels, getting the right URL is way more important than a global trademark. Remember, that URL could also be many variations of the same word or phrase related to your company or product. Try to snag them all.

Myth Five: You only need a lawyer if you're sued.

We could spend hours telling lawyer jokes. Yes, they can be a hindrance especially if they are coming after you and your business. However, the best time to retain a lawyer is long before you ever set foot inside a courtroom. If you're not sure about an issue whether it has to do with taxes, R&D or even real estate spend the money to consult with the right attorney. This can pay off in the long run. 

Registering Your Trademark in Canada

Standing out from the crowd is important for small businesses to get ahead and grow their customer base.  A great way to do that is to come up with a distinctive word, symbol, or design to brand your company.  But how do you keep that distinctive identity that differentiates between you and your competitor?  Trademark it.

A registered trademark legally protects your intellectual property from misuse and imitation.  But keep in mind that if you register your trademark in Canada, it is only protected by law in Canada.

A good trademark consists of distinctive terms which are often arbitrary and fanciful, rather than suggestive, descriptive or generic. Maximize the likelihood of registration by trademarking something completely invented or that makes only the slightest reference to the nature of the wares or services provided.

A trademark will not be registered by law if it is:

• the name or surname of a person (e.g., "Jane Smith");

• clearly descriptive of the wares or services in relation to which it is used (e.g., "Perfectly Clean" in relation to dry-cleaning services);

• a word in another language which describes the wares or services (e.g., "Gelato" - the Italian term for "ice cream" - in relation to ice cream products);

• deceptively mis-descriptive (e.g., "Air Courier" in relation to ground transportation services); or

• an official symbol, coat of arms, badge, crest, emblem or name (e.g., the Canadian flag, the letters "R.C.M.P.", the name "United Nations", the symbol of the Red Cross).

If there is a design component, you may wish to register both the language and design separately to get maximum legal protection.

Be prepared to wait for response to your registration application.  In Canada, the process can take up to 8-10 months to complete.  If there is opposition, the process can take much longer.  Fees are $250 for each trademark request and non-refundable, so make sure your trademark is distinct and original in order to have a successful registration.

For more information on trademarks, please visit CorporationCentre.ca!

Avoiding Legal Issues When Selecting a Company Name

What's in a name?

For a company it could be everything. The name is the first introduction you have to your future customers. It's a way of building a brand and can matter a lot when it comes to establishing a foothold in the marketplace.

Think of it as planting your flag in the corporate world. The hitch is, if somebody got there before you, you'll be sent back to the drawing board.

The Legalities

The first legal issue is to make sure your proposed company name isn't already being used by another company. When you file articles of incorporation you are looking to qualify to do business and that begins with your company name. In other words, you can't open up a retail store and call it Target.

For instance, your Widget Inc. could survive as Widget Enterprises Inc. You should be cautioned not to pick a name that is too closely associated with a thriving business. That will get you into trademark trouble.

This is why many corporations often use a family name as the "umbrella" under which many other businesses can be created. You are able to perform a search for your business name beforehand to ensure that it is available. You might find that adding descriptive qualifiers can help if the name you want is similar to another.

The Trademark Issue

Right now, somewhere in the world, there is a trademark infringement lawyer preparing a lawsuit. Businesses who have spent millions on developing a brand and setting up a loyal customer base don't want that all their efforts ruined by some cheeky competitor.

Consider this the rule of the "Mc."

McDonald's has done a great marketing job of associating its products with the "Mc" surname. McNuggets, McWraps, McBites, McChicken, McFlurry... you name it and they put a "Mc" in front of it.

You could come along and have a carpet cleaning business that you want to call McCleaner and McDonalds would be well within their rights to haul you into court with a "cease and desist" order mentioning that your "Mc" is diluting their "Mc" brand. And because their "Mc" is first, you will lose.

Don't think that you can get away with a name that might be close to a company with a low profile. All they would need to do is serve you with a lawsuit and your entire business can come to a screeching halt.

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.

Video Series - Belvada Cosmetics

Belvada Cosmetics - Trademark Registration and Document Filing

 

 

Belvada Cosmetics is known for its innovative and creative product development in the cosmetics industry, and prides itself on using advancements in technology to improve consumer experience with cosmetic purchase and use. For instance, Belvada has designed a revolutionary one-handed mascara wand making it easier for women on-the-go to apply to their lashes anytime and anywhere.

Belvada has grown considerably since it was founded in Canada, expanding into the US and UK markets but the company still uses CorporationCentre.ca to register trademarks for all their product designs. With the paperwork in CorporationCentre.ca’s hands,  Belvada can continue to focus on coming up with new ideas and designs to improve make up use for women, knowing that their trademark registrations are being taken care of quickly and efficiently.

Watch the video above to find out more about Belvada and CorporationCentre.ca services!

For more information on Belvada Cosmetics, please visit www.belvada.com.

Video Series - BOSHnewmedia Communications

BOSHnewmedia Communications - Trademark and Business Referral

Dawn Boshcoff had good foresight to change her career path 10 years ago by studying New Media Journalism and subsequently founding BOSHnewmedia Communications, which provides creative and innovative messages for brands to better position themselves online. Now, with the rise of social media, search engine optimization and other growing online marketing outlets, BOSHnewmedia has positioned itself to be a strong contender in the competitive marketing communications industry.

When Dawn was looking to register a trademark she quickly came across CorporationCentre.ca online and, after careful research, she applied for her trademark through the CorporationCentre.ca filing services. After finding the process to be easy and worry-free, with great customer service, Dawn continues to refer her clients to CorporationCentre.ca for all their business needs. As the saying goes, the best marketing is always word of mouth. Thanks Dawn!

To find out more about BOSHnewmedia Communications, visit her website at www. boshnewmedia.com.

CIPO Now Accepting Sound Trademarks

A ground breaking federal Court of Canada decision has allowed for the trademarking of sounds. CIPO (Canadian Intellectual Property Office) has been resistant to sound trademarks and, up until this point, only allowed words or designs to be trademarked, even though many other countries have already allowed for sound to receive the same protection.

The decision has come from a long and drawn out court case between Metro-Goldwyn-Mayer (MGM) Studios and CIPO. In 1992 MGM applied to trademark the sound of the lion’s roar that viewers hear before any MGM movie. CIPO, after years of delays, eventually denied the trademark application for MGM’s lion roar and MGM appealed the decision.  The case made its way at the federal Court of Canada where MGM won. Because of the ruling, CIPO announced that it will now be accepting sound trademark applications.

Sound trademarks can be considered a kind of “aural brand” in that the sound you hear can instantly trigger the thought of a brand. Besides the MGM lion’s roar, other sounds that have been trademarked by brands in the US include the NBC chimes, the Intel Pentium chord sequence, the 20^th Century Fox music and the Harlem Globetrotter’s theme music. However, in Canada the sound trademark does not extend to longer sounds like songs, which would instead be protected by copyright.

To submit a sound mark in Canada, your application must include:

a.      a statement that the application is for a sound mark registration;

b.     a visual depiction that graphically represents the sound;

c.      a description of the sound; and

d.     an electronic recording of the sound in MP3 or WAV format or on CD or DVD (5 MB max.)

The recording should not contain any looping or repetition of the sound. Types of media other than listed above, hyperlinks, or streaming locations will not be accepted.  New applications for sound marks can only be submitted through a paper application, and not by CIPO's online filing system.

For more information on sound marks visit the CIPO website.

Video Series - PatsyPie Trademark

PatsyPie - Trademark Application Filing Services

PatsyPie is a bakery specializing in gluten-free products such as cookies, brownies and biscotti. Started as a home business in St. Laurent, Quebec by Pat Libling, PatsyPie has grown tremendously, with products now being sold across Canada.

PatsyPie was started because Pat herself is celiac. Over the years Pat has tried practically every gluten-free product on the market but found that none of the products measured up to the quality and taste of regular baked goods. So Pat set out to perfect her gluten-free recipes and once she did, she was in business!

For Pat, finding a creative and original name for her company was easy - PatsyPie is a nickname her husband gave her years ago. As PatsyPie started to become a successful business, Pat knew she needed to protect her company name and logo, so she turned to CorporationCentre.ca to register her Trademark.

Check out Pat's story in the video above and for more information on PatsyPie gluten-free baked goods, please visit the website at www.patsypie.com!

Register your Canadian Trademark in the U.S.

We may be in Canada, but nothing stops us from celebrating U.S. Thanksgiving!

Did you know that registering a trademark with the Canadian Trademarks Office protects the rights for that trademark in Canada only? That means that while your trademark is legally protected in Canada, there may be no legal limits to prevent a U.S. company from infringing on your trademark in the U.S.

Now you can protect your intellectual property in the United States by registering your Trademark in the United States with CorporationCentre.ca. On November 24th and 25th CorporationCentre.ca will be offering $100 off all U.S. Trademark application filings. Simply enter the Promo Code CCUSTMTNX2011 in your shopping cart.

CorporationCentre.ca has established a strong relationship with a U.S. Trademark Agent, providing you with the same quick and personal customer service experience, while maintaining compliance with all United States Trademark requirements.*

Click here for more information and to place your order. If you have any questions or need help with your order, please call 1-866-906-2677.

*CorporationCentre.ca cannot guarantee that your Trademark Application will be approved. Please note that CorporationCentre.ca does not provide legal advice to clients.