Insights
Why Contest Hashtags Can Get You in #LegalTrouble
April 17, 2014Cause marketing is a popular technique for promoting sales. Brands frequently advertise that they donate a percentage of sales to a charitable cause, particularly using social media to spread the word of their good deeds. In so doing, brands become a co-venturer with the charity and have certain legal obligations under a wide variety of charitable solicitation laws.
Read More...The Why’s of Exclusive Art Licensing Arrangements
March 25, 2014In any contract negotiation, if the goal is to reach an agreement, both parties should consider the “why” of their positions. Contracts typically address the who, what, when, and where, but they rarely address the “why” in more than a perfunctory manner with a few broad “whereas” clauses. At the same time, when parties are stuck in their negotiations (either before they enter into a contract or during the contract), if they consider the “why” behind their positions, they are more likely to reach consensus.
Read More...How to Avoid Legal Complaints about Consumer Contests
March 13, 2014Consumers love sweepstakes, but they hate being deceived by illegal and false promises of prizes. Once again, the FTC has released its annual list of Top Consumer Complaint areas. In 2013, “Prizes, Sweepstakes and Lotteries” ranked sixth with 89,944 complaints. While the category fell from third place in 2011, the number of actual complaints remained similar, hovering near 100,000 complaints.
Read More...Branding in the Collaborative Economy (White Paper Excerpt)
February 5, 2014This 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.
Read More...The Power of Sensory Trademarks
November 22, 2013Tickling your customers’ noses with an exclusive scent may be good marketing. It may also lead to exclusive intellectual property rights. As brands seek inspiration in the senses, they should bear in mind that their marketing may create another corporate asset in the form of a sensory trademark.
Read More...How Not to Create a Fluid Trademark
October 9, 2013What 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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