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Trademark Law

What Every Marketer Needs to Know about Trademarks

January 22, 2016

Every marketer needs to know some basic facts about trademarks to ensure the brand she is building has protection. Here is a short course in trademark law that will allow you to understand some basic concepts.

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Artists’ Intellectual Property Builds Art Licensing Business

April 24, 2015

Artists focus on their creativity, their technique, and their product. If, however, you are looking to license your art, you should be equally focused on protecting your intellectual property. Your copyrights and trademarks are the lifeblood of your art licensing business and the foundations for all your branding initiatives. In this blog post, I answer some common questions artists ask about copyrights, trademarks, and branding.

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How to Spot Legal Issues in Your Social Media Campaigns

December 16, 2014

Social media campaigns come fast and furious, here today and gone tomorrow. Brands may be tempted to skip legal vetting, assuming their offers will fly under the radar of regulators. Even if you don’t have inside counsel, your marketing team should have a vetting system in place. Marketers can learn to spot legal issues and work to reduce risk with outside counsel. Here are twelve laws with which social media marketers should be familiar when deciding when to turn to legal counsel.

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Branding in the Collaborative Economy (White Paper Excerpt)

February 5, 2014

This week, marketers and brands are meeting in Kansas City at the Resilient Summit to discuss the significance of the collaborative economy. The term “collaborative economy” describes an economic system where consumers prefer to share, rather than purchase, goods and services. It seeks to empower consumers and free them from the burdens of ownership. As this economy redefines established business models, at Collen IP, we pondered the legal implications for brands’ intellectual property and their advertising and marketing initiatives.

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How Not to Create a Fluid Trademark

October 9, 2013

What happens when a well-known trademark owner makes fun of itself? Sometimes, the result is consumer confusion. Burger King has taken the concept of “fluid trademarks” to extremes. In a new campaign, Burger King has focused completely on its french fries, pretending to change its corporate identity to “Fries King.” In so doing, it has confused its followers, proving that fluid trademarks can be risky business.

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Do-It-Yourself Trademark Applications: Penny Wise; Pound Foolish

April 25, 2013

Trademark protection is a key part of corporate due diligence, serving to improve the value of company’s chief intangible assets. Too many business owners, however, mistakenly believe that seeking trademark protection merely involves filing a form with the United States Patent and Trademark Office (USPTO). They forego legal counsel, assuming they can secure protection themselves and save some money. In the end, they are often surprised by the complexity of the trademark registration process. Here are seven traps that often befall do-it-yourself trademark applicants.

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