Generate great trade marks to register

One key point is missing in the many thousands of articles written on brand development and trade mark registration.

The point is missing usually because those who write the articles do not provide a full or integrated brand development service.

Where that service is provided, the point is often still missing. In their articles authors on branding tend to focus on technical prowess in a niche area for brand development, eg design, marketing or law.

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From Goldfinger to Green Thumb - The James Bond Story

The intellectual property story behind the James Bond films provides practical guidance on how nurturing assets makes them grow, bear fruit and become a money magnet.

Bond is the second highest grossing series ever - over US$5 billion. The figure reaches nearly US$11 billion when adjusted for inflation.

Danjaq LLC is the holding company for the copyright and trade marks in the James Bond series. EON Productions is the film production company for the series. There have been 22 films, the most recent Quantum of Solace.

It has been noted that the value today of the James Bond series of films is about equal to the value 20 years ago of the entire MGM library of films created in the 20th century. The Bond series has long been a jewel in the MGM crown.

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10 steps for innovation management

Intellectual property law can be glued onto a creation or invention to give it legal and hopefully market and financial strength. Intellectual property lawyers, patent attorneys, trade mark attorneys, and marketing consultants all have relevant expertise.

If all you do with them is apply their IP glue to what you already have, then you'll get what you ask for, a quick fix.

If you avoid the rush and seek more, consider this.

The intelligent design of your creations and inventions involves integrating legal, management, technical and creative know-how from a range of advisers and consultants. Before turning to a quick stick bandaid solution for your baby project, consider the bigger picture for the work of the experts.

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Three legal data visualisations

Three examples of visualisation of legal information crossed my screen this month. Each is worth noting for deeper examination. Data visualisation is a regular topic for Lightbulb, see the further reading list below.

During contract drafting workshops I've run for lawyers I've mentioning the many benefits of visualisation of contractual business processes.

I've  also called for more legislation featuring graphics. This usually prompts a blank stare, puzzlement or ridicule along the lines of "it'll never happen" or "it's not practical".

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Management and change management distinguished

We live and work at a time of frenetic change. People are called on to keep it together and keep up. Inevitably that's an expression of hope that they will succeed. Usually I find people do, we are very adaptable creatures.

Organisations are the same only if their DNA evolves. Wealth creation is increasingly a function of keeping up and adapting. Call it innovation if you like.

At times it seems that everything is all about change. Certainly that is too often the case with the bogus use of the word "reform" appearing after any reference to a new law.

Change is fashionable. Fashion is change. People are thrilled by the "new new" thing. It may be mere confection, but it's new!

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Smartphone statistics and links

The bank, Credit Suisse, projects global smartphone sales in calendar 2009 at 176 million units and 223 million in 2010. Where are we heading?

As more smartphones are sold two things are evolving and exploiting the functionality of smartphones more fully. On the supplier side there is smartphone software and apps. On the user side, changing user habits.

Running with them will be new applications. They will serve health, emergency services, defence, education, banking, retailing, and other sectors benefiting from information services. These applications will be commercialised if smartphones meet user needs.

Those user needs may be because the information sent, or the information received in response, is time critical, location aware, personalised or authenticated.

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Tax rates and other innovation levers

Taxation specialist, Anton Joseph, a good friend of our firm, writes on tax for CCH, one of the leading publishers for lawyers and accountants in Australia. In August 2009 he penned a blog post titled Murky world of tax cuts and deficits.

Anton looks ahead. He queries the potential financial impact on government revenues from any lower tax rates in current circumstances.

Anton also looks back, and notes the follow remarkable fact about increases in government tax revenues in the U.S. and Australia:

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Future of collaboration

The cover story of this week's BusinessWeek is on corporate R&D in the United States. Four videos stand out as overviewed here.

An audio interview with Steve Hamm, the lead journalist, pulls together thinking behind the stories. BusinessWeek confusingly splits the text, video and audio content.

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Public rights to copyright material

Recommendations have recently been made for improved engagement with Wikipedia by galleries, libraries, archives and museums (GLAM) in Australia and Zealand.

They arise from the "GLAM-WIKI: Finding the common ground conference held at the Australian War Memorial, Canberra, 6-7 August 2009.

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Law firm value for money

Yesterday LexisNexis broadcast its latest newsletter. It contained a link to its online  "White Paper". That was literally its title, and it's a clue to its quality of thought.

That's a little unfair. The topic is a difficult one, and kudos to LexisNexis for revisting it.

The newsletter said the White Paper addresses this question: "Is the GFC a catalyst for change in the legal sector?" GFC stands for global financial crisis.

As much as that question is somewhat short-sighted, it is probably true. That is to say, the GFC is a catalyst for change in the operations of law firms in places like Sydney, New York and London.

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U.S. media - sectors shrinking or growing

Which sectors are likely to be shrinking or growing in the U.S. media industry between 2009-2013? This article features a snapshot table based on recent research.

On 3 August 2009, U.S. private equity firm, Veronis Suhler Stevenson (VSS), released Communications Industry Forecast covering the years 2009-2013 ( It's a fully digital publication. It has a 22 year history. It's available for purchase with an impressive table of contents and a 3 minute preview .

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Internet business models debunk The Long Tail theory

An internet business model riddle exists for content creators, owners and publishers. It's a riddle about how to make money when so much information is free on the internet.

Prominent in all this is Google which in 10 years has shaped a perfect market for itself. Google brings net users to publishers (Google search) and sells them to advertisers (Google Adwords). For many publishers there is a business model riddle left for them, and little money. Some would like to shoot the messenger, Google.

The thirst for answers to the publisher's riddle of how to make money on the internet is so great that catch phrases or unproven theories have been taken up as assumed truths. Repetition has made them appear to be credible. It's time to debunk a couple of those catch phrases and theories.

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IP - contract door, lock and key

Intellectual property and contracts interact as business laws in many practical ways that escape the attention of journalists, legal academics and younger lawyers.

Experienced IP lawyers focused on transactional and advisory work (less so on IP litigation) come to realise something.

To overstate it for emphasis, the thing they come to realise is -

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IP licences and software licences are business collaboration tools

A prospective new client asked me yesterday about whether I was the right lawyer to advise on or draft a software licence. The client is seeking to take his business to the next level.

I smiled and got on with preparing an email in reply. I smiled because I guess people want to hear it direct from a lawyer. It isn't enough that on the Dilanchian website there is a heap of substantive articles on software licences and licensing. The site also has an advanced article search facility and a tag cloud. No, that's not enough, customers want you to customise responses for them.

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Free letter of demand template

It is an illusion to believe that results can be achieved by using a free letter of demand template. Complexities exist that a simple cease and desist letter does not usually deal with.

Templates are useful, the more the better. However, at least in Sydney all need to be heavily customised to convince recipients to respond as desired. Thirty years ago people respected a "solicitor's letter". Today they need to be convinced by one.

A writer of a demand letter is in the behaviour modification business. It requires cunning and craft to convince people and businesses to change their position or behaviour on demand.

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