Fosterslogo

Integrated, differentiated and creative brand strategy

Brands from Microsoft, Fosters and Coopers are discussed here to distinguish integrated, differentiated and creative marketing strategy. Strategy should guide selection of the trade marks to register.

Some companies integrate their many brands to create a unified marketing message. For others the better strategy is to send differentiated marketing messages to serve niche markets. Microsoft and the Fosters Group Ltd illustrate these contrasting brand strategies. A company which consciously selects one or the other strategy gains clarity regarding what to register as a trade mark.

Read more

Pure_blonde_small

Trade mark law strategy kept simple for blondes

On 11 August 2004 Fosters' Australian lawyers filed trade mark application number 1015213 for its new beer brand, "Carlton Pure Blonde". The following month the beer was launched. A year later the beer brand became Pure Blonde, dropping "Carlton", except for use on the bottle neck label. What was Fosters' trade mark law strategy or  legal battle plan for the shift from Carlton Pure Blonde to just Pure Blonde?

On its website the Fosters Group Ltd states "Pure Blonde - the first beer in Australia to be marketed as low-carbohydrate - is full-strength and great tasting, with 70% less carbohydrates than a regular beer."

Read more

Mou-contract

MOU or contact, which suits?

An MOU is a tool for deal making, relationship formation, and business structuring.

It is used by companies, not-for-profit organisations, and governments.

Although a memorandum of understanding ("MOU") has no specific status in law, it's a very useful tool when drafted well.

There are many situations in which MOUs are used and in which they are very effective and suitable as compared to the alternatives. 

A choice is often made by clients in consultation with a business lawyer between drafting an MOU, or a contract, deal memo, terms sheet, or heads of agreement.

Read more

Diller

Barry Diller on media and corporate governance

Last week the Financial Times in the UK featured two striking videos interviewing Barry Diller speaking on media and corporate governance in the US.

Diller's views are free of a lot of the guff that usually surrounds those subjects. I recommend you watch the videos if you are in the media or Web business, or run a company.  It is not what he says, so much as how he says it. However if you know about Diller's career, you are more likely to value what he says.

Read more

England

Statistical base of Gowers Review of IP in the UK

Intellectual property ("IP") law and policy are at the center of contemporary domestic and international trade and political negotiations. There is a wide spectrum of views.

Much of it is uninformed, myopic, and biased and rarely reflective of the complex ingredients at play, including economics, statistics, history, ethics and technology.

This complexity calls for structured decision making. Because statistics can aid rational discussion, this article sets out what organisations in the UK think should be the direction for IP "reform". It considers discussion of the Gower Review of Intellectual Property.

Read more

Armenian_tribute

Paydays, Maydays and Judgement Days

Success in business requires good decisions. Business stories are great teachers, including about business transaction and court cases.

Here are five current business stories. In each, lawyers and others have made decisions in or for a business. Those decisions helped determine outcomes, whether the story was about a payday, Mayday or favourable judgment day.

Read more

Google_pagerank_algorithm_original

Make the web grow your business, ask us how

I could write a book on this topic, but I won't. So instead here's six practical points supported by graphics and two sidebars. I end with a riddle to test you.

The six points apply if you have a Website, blog or other Web presence or want one. Some appeal to the Google PageRank algorithm (the original version is pictured). Apply them to reach people on fixed or mobile devices at work, home or play.

Read more

Strategy_scale

Commercialisation strategy and business valuation multiples: 15 questions

The situations businesses find themselves in are variable and challenging. Rarely is it about joining dots. Here are 15 questions, answers to which will take a developed business to the next stage. The questions go beyond fundamentals for a start-up.

Crossing the chasm requires moving out of a start-up focus on invention and creativity. It's a move to a business focus on commercialisation and improving business valuation multiples.

Read more

Post-t_notes

4 legal tasks to increase values or prices in business transactions

In transaction after transaction four tasks stand out as ways to significantly maximise financial returns and minimise risks.

The four task headings will fit on one Post-it Note. They stand out as ways to increase values or sale prices in  numerous types of business deals. They are points of distinction for our clients who have done particularly well in business and asset sale transactions.

The four tasks are based on our experience in hundreds of technology commercialisation, business sale, and intellectual property licensing transactions.

Read more

Post-t_notes

4 legal tasks to increase values or prices in business transactions

In transaction after transaction four tasks stand out as ways to significantly maximise financial returns and minimise risks.

The four task headings will fit on one Post-it Note. They stand out as ways to increase values or sale prices in  numerous types of business deals. They are points of distinction for our clients who have done particularly well in business and asset sale transactions.

The four tasks are based on our experience in hundreds of technology commercialisation, business sale, and intellectual property licensing transactions.

Read more

Contract_lock

Priceless contract law advice

Cost of your litigation filing fee to recover money due under your contract: $73.

Cost of the appeal because you contracted and sued the wrong party: $9,000.

Cost of your lost time as a business manager in all your mess: $5,000.

Cost of identifying the contracting parties correctly in the first place: Priceless.

Avoid litigation costs. Read and bookmark this article and use experienced contract lawyers. This article overviews how to identify, search and check parties to a contract.  To be reminded of the need, read the famous "Party of the first part" contract scene in A Night at the Opera (1935) by the Marx Brothers and watch the "Who's on First " comedy skit from the 1940s by Abbott & Costello.

Read more

Contract_pen

How to negotiate and contract like a professional

Do you need a simple, quick and practical guide for negotiation of a commercial deal, contract, arrangement or understanding?

Then you need to understand the deal making process. This post links to two tools to guide you - a slide presentation and an informational brochure.

Deal making is a process you should go through before preparing a legally binding contract. The same is the case for commercial arrangements and understandings. Put deal making first and you'll benefit and save time, hassles, money, days in court.

Read more

Monopoly

42 Hints to Secure a Great Trade Mark Monopoly

Here are 42 basic tips to help you avoid 90% of common problems and pitfalls in trade mark registration, use and management.

If you Google “the answer to life, the universe, and everything” (without the quotes), the Google calculator produces the answer “42”. It’s a cheeky reference to Douglas Adams’ Hitchhiker’s Guide to the Galaxy series.

In light of this, 42 is a particularly good number for a list of hints to secure a great trade mark monopoly. As with such general rules and guidelines, they are not necessarily universal in their application to every situation. So whilst the list might not be the answer to “life, the universe and everything”, following the tips will help you avoid 90% of common problems and pitfalls in trade mark registration, use and management.

Read more

Spam_mobile

Spam fines in Australia and legal compliance FAQ

This month the Australian Communications and Media Authority (ACMA) added to its list of major businesses fined for spam. The fines were for SMS spam by direct marketers.

The ACMA calculates that SMS spam (photo credit: Big Mouth Media) now accounts for 20% of all complaints to it. The increase is confirmed by the Telecommunications Industry Ombudsman.

The ACMA took action against the Pitch Entertainment Group, trading as Splash Media. The ACMA's press release states that Pitch sent over one million commercial SMS messages to mobile phones without a functional unsubscribe facility.

Read more

Coffee_victory

Starbucks settles coffee trade mark law dispute

In Coffee brand values we assessed coffee economics and trade marks. It was triggered by a dispute between Starbucks and Ethiopia. The dispute is now resolved. Ethiopia's IP licensing strategy is in full swing.

The background is that In 2005, with assistance from Light Years IP, Ethiopia filed trade mark applications.

Read more

Tags

taxation software information technology mark ip ip management futurism valuation privacy venture finance contract confidential information litigation business model knowledge venture capital wine security food business e-commerce web project investment united states study business finance policies structuring economics history practices audit legal risk minimisation protection franchise publishing legal history finance insolvency film corporations law ip revenue marketing collaboration statistics india legal human resources trade trends corporation digital venture united start-up intellectual strategy business succession Singapore legal knowledge management mobile merchandising licensing trade practices checklist new zealand retailing risk management information needs assessment innovation entertainment capital gains tax R&D web 2.0 law business structuring ip licensing middle east beverage sale/purchase invention fashion zealand japan ip strategy china trade mark domain name germany internet case study index business sale/purchase case ip audit states africa Malaysia marketing law compliance assessment property europe advertising securities technology management ventures entertainment industry entrepreneurship spam dispute resolution rights name digital rights management moral rights standards policies and procedures needs legal risk management technology new enterprise 2.0 management revenue branding remedies ip protection 2.0 france definitions web ventures migration risk negotiation design fundraising education and training intellectual property enterprise patent knowledge management industry ip register human contracts strategic planning training management consultancy television capital trust communications commercialisation domain communication business policies and procedures project management business law united kingdom copyright and finance law music resources procedures media mobile apps model

Social Icons

Tabs Widget

Vivamus imperdiet condimentum diam, eget placerat felis consectetur id. Donec eget orci metus, ac ac adipiscing nunc.

Pellentesque fermentum, ante ac felis consectetur id. Donec eget orci metusvivamus imperdiet.

Photo Stream