Brands that are weird – Avoiding the Waldo Paradox
The Ignite phenomenon is bubbling up throughout the world and it is happening within the state of Oklahoma as well (yes, even Oklahoma!)
Last week was the first Ignite Tulsa event and our own Emily Campbell dove into the fray with a talk entitled “How Not to be Waldo: Brands that Stand Out in a Crowd.” I may be a bit biased – but she rocked it!
Emily’s mantra of “Be Weird, Be Different and Think Outside the Box” is a great way of thinking about your branding efforts and the need to stand out in a crowd.
It is a bit unusual for an attorney to be thinking about branding – Emily may have some additional thoughts on that topic – but, when you think about it – it makes perfect sense. Trademark attorneys see the process at all stages – conceptualization (doing the clearance searches), design and development (filing intent to use applications), and product launch (filing statements of use), to name but a few.
As we say around here, the job of a good trademark attorney is to take you all the way from the minefield of cluttered competing corporate interests to the end point of bringing everything to a succesful conclusion – a customer buying the product and associating the product with the reputation and messaging you wish to develop. Dare I say it – taking it from a Mess to Yes™
As you saw on PHOSITA last week, the IgniteOKC folks are working on launching their first event and are looking for volunteers and thought leaders. The first planning meeting was last night – but there is still room for more help. Drop Emily Campbell an email if you are interested.
Posted by Douglas Sorocco, September 24, 2009 at 10:27 am
Permalink: Brands that are weird – Avoiding the Waldo Paradox
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IgniteOKC – Leadership Committee Meeting
Want to be a part of something cool in Oklahoma City? Well – come help us prepare for IgniteOKC. We will provide some snacks and drinks – you provide your brain and creativity.
Ignite is a community intellect exchange – it is an open forum to share your knowledge, learn what others think is cool and socialize. Ignite captures the best of geek culture in a series of five-minute speedy presentations on topics ranging from “The Best Way to Buy a Car” to “Hacking Chocolate.” Imagine that you’re on stage in front of an audience of hundreds of people, doing a five-minute presentation using a slide deck that auto-forwards every 15 seconds, whether you’re ready or not. What would you do? What would you say? Could you stand the pressure?
Wanna find out more?
Click here to find out how some of the smartest minds on the planet dealt with the Ignite five-minute presentation format as Brady Forrest, co-creator of Ignite, highlights a different talk from Ignites all around the world. Some of our favorite presentations…
- Great Designers Steal by Jeff Veen from Ignite San Francisco
- How to Work a Crowd by Alexis Bauer from Ignite Sebastopol (California)
A must watch for any potential presenter…
- How and Why to Give and Ignite Talk by Scott Berkun from Ignite Seattle
Wanna get involved?
There are many jobs that need doing to produce an Ignite. One person can do them all (thought it’s a lot of work), but it’s easier, and more fun, if more people are involved. Dunlap Codding will be hosting a happy hour to organize a leadership committee of people to execute the inaugural event and grow Ignite OKC into a signature metro event. We thought you would be an excellent asset to the team. Know anyone else who would would like to be a part of the Ignite OKC leadership committee? Please feel free to bring them along. Here are some of the jobs that need to be done:
- Marketing/Promotion/Sponsorship/PR coordinators
- Venue liason
- Ignite talk coordinator
- Ignite talk MC
- Ignite Contest coordinator
- Ignite Contest MC
- Videographer
- Onsite Help — set up, hand out badges and drink tickets, clean up
When and Where
Please join us Wednesday September 23rd from 5:30 to 7:30 p.m. at Iguana Mexican Grill (Google map) to kick off this exciting initiative for Oklahoma City. Please RSVP to Emily Campbell by e-mail ecampbell@dunlapcodding.com or by phone (405) 607-8600. Hope to see you there!
If you want to see a live local Ignite event in person…
We got scooped! The folks up in Tulsa got out of the gate first – but we don’t mind. We needed to have a little cross-state rivalry to get things cooking. Come join us at IgniteTulsa on September 17 at the Blue Dome Diner. Don’t wait to make your reservation to attend – space is filling up!
Posted by Douglas Sorocco, September 11, 2009 at 4:29 pm
Permalink: IgniteOKC – Leadership Committee Meeting
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Google gets a design patent – aka the Twitterverse’s collective head explodes
Just a warning – this may sound a little snarky.
So, you may or may not have heard – although I find it tough to believe you haven’t heard – but Google received a patent on the familiar search page interface we all know and love.
It’s been a hot topic on Twitter the last two days – and I would hazard a guess that it is being viewed as akin to Darth Vader doing the Macarena while shopping for sheets. Or some such nonsense.
From a few of the more “interesting” tweets:
tompolk: Who’s on crack in the patent office? Google Patents World’s Simplest Home Page http://ow.ly/nZqN
estauthamer: Is Google or the US patent Office getting nuts???? Patent on 2 button search interface http://bit.ly/39SDjq
yelvington: Don’t de-crapify your homepage. Google has a patent on that.http://tinyurl.com/kro7ol
patrics: Patent on Google Homepage?! Not Funny! http://ow.ly/nYmm #software#patents
ratkat: @stevelitchfield I think it is a bit scary that even such an iconic design asgoogle’s home page should be granted a patent
GyrRaven: Lauren Weinstein’s Blog: Will Google’s "Home Page" Patent Embolden Patent Abuse? http://ow.ly/nY2p
So – do you hear the sound of the apocalypse coming? Patent abuse! Patent abuse! (Are they talking about the intellectual property right or about not cleaning your leather shoes?)
Well, it doesn’t surprise me that PHOSITA readers are probably not too concerned about the issuance of Design Patent No. D599,372 (PDF) because you are well aware that it is a design patent and not a utility patent. It is only one word, I know – but that one word makes a tremendous amount of difference. A difference that is obviously lost on the twits above.
A utility patent protects the functional expression of an idea while a design patent protects the ornamental design of a functional product. A design patent does not protect the functional aspects of the product itself – rather, it protects how the product is decorated and/or designed.
Google cannot keep anyone from “de-crapifying” their website (e.g., the functional aspects of a product) – it can merely keep you from “de-crapifying” your website in a manner in which embodies the patented design or any colorable imitation. It is kind of like a trademark – you can’t look like Google’s ornamental design – but you can still “de-crapify” your website and/or create a better search engine. (I wonder how high I will rank in Google now for the term “de-crapifying”?)
As such, the scope of protection afforded a design patent is much more limited in nature, scope and breadth than a utility patent. And it only lasts for 14 years.
So – to the twits (or is it twitts?) – CHILL OUT. The world is not ending, the system is not spinning off the rails – Google was granted a property right in the ornamental design of its unique website.
Furthermore, why shouldn’t Google be allowed to protect it’s unique design?
From a cursory review of the history of the page – at the time (and up to this day) many people thought the design was (1) dumb, (2) two simplistic, (3) moronic, (4) genius… no one thought it was “done before” – i.e., it was novel – no one or only very few designers were taking the simple and clean route Google took at the time. It stands out in a crowd and has become a very important symbol of Google – i.e., something that they would want to protect and keep people from copying.
It also protects the user – if you see the interface, you know it is Google – and not some porn site or spammer.
I know it is the hip cool thing right now to “fight the man” – with the “man” being the patent system, but I really wish people would take a few minutes to actually figure out what occurred and what it means. It would save you a lot of wasted “outrage” and tweeting. There are abuses of the patent system – Google getting a design patent is not one of them.
Then again – what would patent attorneys do with their evenings if they didn’t have to correct the record?
/snark (End of snark for those of you “not in the know”)
Image by Turbojoe on Flickr Creative Commons
Posted by Douglas Sorocco, September 3, 2009 at 3:25 pm
Permalink: Google gets a design patent – aka the Twitterverse’s collective head explodes
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can the airlines taser you in your seat?
Maybe … Well, they probably don’t want to – but an inventor has developed a way to do so – all while you seat securely in your seat.
United States Patent 6,933,851
Hahne, et al. August 23, 2005Air travel security method, system and device
A method of providing air travel security for passengers traveling via an
aircraft comprises situating a remotely activatable electric shock device on each of the passengers in position to deliver a disabling electrical shock when activated; and arming the electric shock devices for subsequent selective activation by a selectively operable remote control disposed within the aircraft. The remotely activatable electric shock devices each have activation circuitry responsive to the activating signal transmitted from the selectively operable remote control means. The activated electric shock device is operable to deliver the disabling electrical shock to that passenger.
I just want to know who gets to us the “selectively operable remote control” – it may be a new revenue generator for the airlines. And while the initial drawings show it being worn on the wrist, the inventors have not limited it to such a configuration – for those of you looking for a nice choker necklace, they haven’t left you out in the cold.
I would be willing to spend up to $100 in order to be able to shock the SOB who decides to slam his seat back into my knees over and over… or… or…
Hmm – perhaps turning each flight into a lord of the flies situation isn’t such a good idea afterall.
I did breathe a sigh of relief, however – it doesn’t appear that the patent has been assigned to any airline. Whew…
[Via Sore Eyes, via Bruce Schneier, via Techdirt]
UPDATE: Well, it seems that while the airlines themselves do not appear to be interested in the device – there is a company developing the technology into an actual product – Lamperd Less Lethal. They have even put up a YouTube showing the benefits of the technology and how it can be used – complete with scary/serious voice over (warning, scenes of 9/11 shown):
And it appears that the Department of Homeland Security has “some interest” (entire PDF of letter (378 KB)):
In discussion with my colleagues and immediate superior, we find your ideas have merit and believe it would be of great help on the borders and indeed for anywhere else, for which the temporarily restraint of large numbers of individuals in open area environments by a small number of agents or Law Enforcement Officers (LEOs). We see the potential uses to include prisoner transportation, detainee control and the military security forces might have some interest. In addition, it is conceivable to envision a use to improve air security, on passenger planes.
So – you never know. In the near future, you could be wearing a choker and being tasered by some unknown “keeper of the device”.
Posted by Douglas Sorocco, March 23, 2008 at 8:58 am
Permalink: can the airlines taser you in your seat?
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yet another Teenage inventor – false teeth for cats
So, it is turning out that today is interesting teenager inventor Friday at PHOSITA. This time we are thankful to Rachel Gilbert for developing feline false teeth.
Seventeen year old British college student Rachel Gilbert has reached the final of a national competition, the Ideas Igloo Roadshow, with her design for feline false teeth.
They look a little ghoulish, but have a noble purpose: “When animals suffer broken or rotten teeth, they have had to be removed,” Rachel told her local newspaper, The Sheffield Star. “The gum can become infected and they find it difficult to chew food. We aim to reduce animals’ suffering and improve their quality of life.” Local vets are already on board with the design, which was created after taking a mold from a cat with damaged teeth. This revolution in animal dentistry could also be extended to dogs and sheep.
Rachel and her team of eight now have two minutes to pitch their idea to a panel of American Inventor-style entrepreneurs for a chance to win £2000 (around $4000) to help launch their business.
Good luck Rachel! Just watch out so that you don’t become the “crazy cat lady” who lives at the end of everyone’s block.
Via: Teenager designs false teeth for cats (no, really)
Posted by Douglas Sorocco, March 21, 2008 at 6:51 pm
Permalink: yet another Teenage inventor – false teeth for cats
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Necessity is the Mother – or sister – or daughter – of Invention
Via CrunchGear — Nerdy Brit girls invent dope sunlight-sensitive nail polish to quash school rules
Some students at a British high-school wanted to wear colored nail
polish, but their school prohibited any kind of make up. They found the ban to be unfair so they came up with a novel approach that would keep them out of detention, but allow them to wear their blood-red fingertips.
They invented nail polish that disappears when its not in the sun.
Presented with a problem, these students came up with a solution. I hope that their science teacher gives them an A. Better yet, one of the chemical power house colleges should recruit them and provide them with full scholarships.
Very amazing. Now if we could only put it on some eggs and hide them around the house….. I wonder if the eggs would disappear.
Have a good weekend everyone!
Posted by Douglas Sorocco, at 6:15 pm
Permalink: Necessity is the Mother – or sister – or daughter – of Invention
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Ode to the Trademark
I probably should have left the IP poem writing to Laura and Michael but I decided to take a stab at it. Here goes…
A trademark can be a color,
Like John Deere® green, it can’t be confused with any other.
A trademark can be a logo,
Like the Nike® swoosh, you’ll recognize it anywhere, even if you’re on the gogo.
A trademark can be product packaging,
Like the Coke® bottle, you recognize the shape, you’ll never wonder… what is that thing?
A trademark can be a slogan,
Like Bud Light®’s catchy phrase, “I Love You … Man!”
And in closing,
I- P, you P, we all P for I – P!
Posted by Douglas Sorocco, October 5, 2007 at 5:04 pm
Permalink: Ode to the Trademark
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women inventors make it patentable
I really hate to admit where I found this information… I would love to be able to say while reading Forbes, but it was a bit less highbrow than that. No matter the source, the subject matter is truly fascinating: synergy occurs when inventive teams include women.
“If you want to create a really useful invention, make sure you have both women and men on your development team,” states writer Claire Cain Miller for Forbes. According to a survey by the National Center for Women and Information Technology, mixed-gender teams’ technology patents received up to 42% more citations that their single-gender counterparts.
“Our data show that diversity of thought matters to innovation,” says NCWIT Chief Executive Lucinda Sanders, who holds six telecom software patents. “We can say involving women is important because women are half the population and have good ideas, but our study shows the impact for companies.”
As pointed out by Jezebel, American women have been registering inventions for centuries: The first to receive a patent was Mary Dixon Kies, for a straw-weaving technique. In 1942, Hedy Lamarr (U.S. Pat No. 2,292,387) patented a “secret communications system.”
Today, women hold more patents in computer software than in any other category, but, unfortunately, fewer women are getting computer science degrees (a pattern that starts in elementary school, according to an NCWIT researcher).
I am extremely impressed with the information and resources over at the NCWIT website — well worth a look by anyone interested in getting more women interested in careers in information technology.
Posted by Douglas Sorocco, September 13, 2007 at 6:56 pm
Permalink: women inventors make it patentable
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Go Big or Go Home
BlawgWorld is back, bigger than ever, and featuring posts from both PHOSITA and Promote the Progress. This eBook provides a collection of 77 of the most influential blawgs so it is an honor to be included again this year. The guys over at TechnoLawyer have also provided a Problem/Solution Guide in combo with BlawgWorld 2007. Time to catch up on your blawg reading and get answers to all of your law firm problems.
Posted by Douglas Sorocco, July 31, 2007 at 4:49 pm
Permalink: Go Big or Go Home
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No "Big Love" for use of a Mormon Trademark
In a recent article by the Associated Press, the Church of Jesus Christ of Latter-day Saints sent a cease and desist letter to Just Add Coffee, a Utah coffee shop, for using the image of a robed an
gel holding a trumpet up at an angle as coffee is poured into it. The Utah coffee shop used the image in ads and to sell t-shirts and greeting cards. The church claims that the image of the angel Moroni is a registered trademark.
What’s even more interesting is the lengths to which the church has gone to protect its intellectual property rights. The Church of Jesus Christ of Latter-day Saints has set up a non-profit corporation, the Intellectual Reserve, Inc., which owns most of the church’s intellectual property. Most notably, in 1999, the Intellectual Reserve filed suit against Utah Lighthouse Ministries, Inc. seeking a preliminary injunction for copyright infringement. The Intellectual Reserve claimed that the defendants were infringing their copyrights held in a Church Handbook of Instructions by posting it on a website. The court granted the preliminary injunction.
Sidebar comment: While writing this article I couldn’t help but to think back to the great South Park episode “All About Mormons”. If you haven’t seen it, you can check out a summary of the episode here.
Posted by Douglas Sorocco, March 30, 2007 at 4:47 pm
Permalink: No "Big Love" for use of a Mormon Trademark
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