This question has been in my heart and thoughts lately as my pet project, FitandFearLESS.tv, finally launches. As always, there are naysayers. Naysayers that question what a childrenswear designer could possibly know about the crazy world of online entertainment. As I take my first steps in this new venture, I’m often asked “I know this [...]Continue Reading
Archive for “Get Inspired”
Ok. You may think I’m nuts, but I’m writing this at 4:45 on a Tuesday morning. I just put three loads of laundry into the washing machine, and I’m now tackling several, SEO writing assignments in addition to this blog. Don’t hate me because I’m a morning person. I had to train myself to get [...]Continue Reading
Hi gang, How does worm farming + raving + poker playing = Zappos? What everyone knows about Tony Hsieh is that he’s the Zen Master of Culture at Zappos, a wildly successful shoe website that was just sold to Amazon for $1.2 billion – not bad for 10 years work. I think what most people [...]Continue Reading
Trust Congress? Sorry, that institution got among the lowest ratings in a Pew Research Center study that was recently released. The Pew Center polled Americans to determine who they trusted least and who they trusted most. Small business owners – you should be proud. America trusts YOU most. More than churches, our President, labor unions, the [...]Continue Reading
Life Planning permeates every aspect of human existence – while you were young and building your dreams, up to the moment you achieve them and retire from work. For a lot of people, retirement is supposed to be that time in their lives when they can simply sit back, relax, and enjoy the golden years. [...]Continue Reading
With the way things are right now in the business world, there are many four-letter words that I’m sure you have no problem saying! But, at the same time, have you thanked your customers, partners, associates, and media contacts lately for helping your business stay afloat? If not, here are three simple ways to [...]Continue Reading
When I was an employee, I hated it when my boss was in the office. The boss always managed to muck things up and did more damage than good by running around being self-important and annoying. As soon as we could get him out of the office, systems started moving smoothly again. We got more [...]Continue Reading
As you may know, StartupNation offers a franchise selector service. You basically use the finder tool to identify franchises that fit your interests and financial realities. At this time of year, interest in finding a franchise is at fever pitch. People seem to come out of the self-reflective New Year and holiday period charged up and on [...]Continue Reading
Happy with your day job? If so, you’re in the minority. 55% of Americans are not happy with their work and wish they could be doing something else, according to the latest study by The Conference Board, reflecting the highest dissatisfaction level in the 22-year history of the study. In just one year (from 2008 to 2009) [...]Continue Reading
Here are the two logos at issue:
Apparently, Jimmy has a great sense of humor and set up his company to sell some t-shirts and hopefully raise money to cover his college tuition (he did end up raising something like $100,000, according to Hurst). I love this disclaimer on his website:
We are not in any fashion related to nor do we want to be confused with The North Face Apparel Corp. or its products sold under “The North Face” brand. If you are unable to discern the difference between a face and a butt, we encourage you to buy North Face products.
(Sound of author trying to compose herself after period of robust laughter)
Anyhoo….long story short, management at The North Face failed to see the humor in this situation (or apparently the difference between a face and a…. bottom) and actually slapped Winkelmann with an expensive trademark infringement lawsuit.
Hurst’s post does a great job of analyzing what the North Face would have to establish to prevail on their claim (something Hurst doesn’t think they will succeed in doing – and I agree with him).
But this does bring up a couple of really important points for those of us launching and running businesses.
(1) Don’t Use A Name That Is Already In Use!
When you are choosing a name and logo for your company, make sure to research whether that name is in use already (particularly in the industry that your company will be in) and make sure you do not create a logo that looks like one from another company (as best as you can determine). You need to search your state records for names (usually the Secretary of State’s office will have the ability to search LLCs and Corporations in your state; also search any other state in which you plan to do business now or in the future). Also search national records, such as the TESS at the US Patent and Trademark office. I also recommend doing a Google search for the name to see if the domain is taken (or any variation of it) and to see if anyone is already using that word or combination of words for their business already.
Right or wrong, big companies generally are not shy about enforcing their trademarks (as you can see in the North Face case) and you don’t want to end up getting a cease and desist letter from an in-house legal department just after you spent your last red-cent having your logo and branding designed.
If your name or logo could cause confusion between your company and one with an already established trademark, you could be found to be infringing on their trademark. If you are, you could be forced to change your name, logo, packaging and anything else that uses the infringing mark. If you have any market traction already, you would then have to rebuild your brand and lose the work already put into marketing the infringing name/brand/logo. Add to that potential money damages and attorneys fees, and not doing your homework about your trademarks becomes an expensive (and potentially fatal) detour for your business.
(2) Protect Your Own Trademarks!!
Once you are sure you aren’t at risk of infringing on someone else’s trademarks, make sure that you have properly trademarked your own logo, tag lines and even product names and packaging so that you have the ability to protect your intellectual property and branding if someone does attempt to infringe on your trademark in the future.
Generally, “use” of the trademark itself does give you some protection (use the ™ symbol as soon as you start using anything you want trademarked). That means, always include the symbol on your website, on all of your advertising, correspondence/emails with customers, and written materials at a minimum.
But the best way to protect yourself if to file with the US Patent and Trademark Office in order to have a “registered” trademark (at which point you use the symbol ®).
Of course, I recommend hiring a good lawyer for this, as the paperwork can be tricky and you want to make sure it is done right. However, there are services out there that can help you file your own paperwork, such as Legal Zoom, so you have that less expensive option.
Just don’t decide to NOT trademark your branding. That could be an expensive mistake if someone else decides to use your name, logo or a variation of your logo (deliberately or without knowledge of yours). If you don’t have a registered trademark, you might not be able to stop them from using it, you will have less protection under the law to go after them, and might even lose your right to use your own name or logo in the future.
I’ve glossed over this because it is really fairly complicated subject, so make sure you find someone knowledgeable in trademarks to help you navigate this process. (And now for the required disclaimer: this post is NOT intended to give legal advice, so seek your own independent counsel for that!)
And if you have any experience with trademarks for your business (positive or negative), or questions, we want to hear from you so make sure to post a comment below!
You can read all of Hurst’s post at the link below.
I just came across a great blog post by a fellow attorney, J. Michael Hurst at Keating Muething & Klekamp PLLC. Apparently, 19-year old Jimmy Winkelmann created a company called The South Butt LLC, which was meant as a parody of The North Face. Here are the two logos at issue: Apparently, Jimmy has [...]Continue Reading
During my recent appearance on ABC News Now, I was lucky enough to be asked to provide some advice to fellow entrepreneurs who are growing businesses built around their passions. Click here or on the image below to view that advice. Let me know if you have a cool story you’d like to share with ABC News [...]Continue Reading
Gary Hennerberg is an in-demand direct marketer and the founder of Hennerberg Group, Inc. www.hennerberg.com. And from seeing his confident, marketing presentations and reading his clients’ enthusiastic testimonials, you’d never know that he had to overcome a unique challenge to become a successful entrepreneur. Well, recently I caught up with Gary to share his tips [...]Continue Reading
Excited to share the news: ABC News Now’s Tory Johnson just highlighted select winners from the 2009 StartupNation Home-Based 100. Click on the image here to view the interview or select “Play ABC Video.” I was able to mention these winners in the quick interview: Haralee Weintraub’s Haralee.com Joe Hansen and Cristy Stewart-Harfmann’s PricelessProfiles.com, and [...]Continue Reading
Recently, I received some interesting information from a small business owner who is pursuing his passion, and thought I would share his tips with you. Meet Shy Figaro, a successful, high-end fashion designer and entrepreneur. Tell us about your business and why you started it. I’m fascinated about beauty and elegance, and believe that fashion [...]Continue Reading
We are women. Watch us Manage! I have people ask me, usually men, how do you do it all? How do you take care of the family, and your business, and be so management oriented? Did you study business management in college, get an MBA? No sir, I did not even finish high school. I [...]Continue Reading
Tory Johnson, frequent reporter on ABC’s Good Morning America show and anchor of the ABC NewsNow series focusing on careers asked for a little StartupNation love recently. One of her faithful fans, Natalie, of ChicSweets, asked for ideas about how to move her business forward on a variety of levels, especially in the transition from part-time [...]Continue Reading
Update for information previously provided in my blog post below: This just in from the NBC Nightly News producer: “We finally have an airdate. July 13th. I’ve been scrambling with other projects in the meantime. Scott is out til next week so after the holiday we’ll get serious about shooting someone starting a business. I [...]Continue Reading
To follow up on a previous post requesting feedback on topics and offering to highlight members of the community, I learned of NightHelpWatchers.com.—a company based on an invention by Lisa Charleston. Lisa started NightHelpWatchers.com in 2004 after being laid off from a nursing job in a home-hospice facility. She transitioned into being a stay at [...]Continue Reading
To follow up on a previous post requesting feedback on topics and offering to highlight members of the community, I learned of a company called Crossing Gaps — they help bring creative people (writers, artists, musicians, startups) online. Crossing Gaps helps them with everything from web design to marketing and monetization strategy so they can [...]Continue Reading
To follow up on a previous post requesting feedback on topics and offering to highlight members of the community, I learned of visiblelogic.com. A well-designed message can position your organization, product or service to look unique, capable and strong enough to go head-to-head with any competitor of any size. That is just what Emily Brackett (founder of Visible Logic) [...]Continue Reading