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Title:

How to Protect Your Brand Without Being a Jerk!

Your vote:
Yes No
Organizer:
Twanna A Hines, FUNKYBROWNCHICK.com
Description:
You've already created content and a brand. Now, a copycat is making money pushing a product ridiculously similar to yours. Congratulations! Imitation is flattery. So, why are you pissed off? You're upset because it's unfair and, possibly, infringes on your rights. Learn how to protect your creative projects without going overboard...or broke!
Questions
Answered:
  1. I attended SXSWi 08, and I learned about creating a brand. What's the next step? How do I protect it?
  2. What is intellectual property law?
  3. Help! Someone's stealing content from my site. What should I do?
  4. I’m a digital filmmaker. How does piracy relate to all of this stuff?
  5. When should I file a trademark to protect my online content?
  6. What's the difference between a trademark, patent and copyright?
  7. I know about Creative Commons, but I don't get how it works. Can you explain it?
  8. Where are the legal resources in my region (or country) that provide assistance with these matters?
  9. You saw “Coming to America,” right? Someone isn't copying me, but they're the McDowell’s to my McDonald’s. Is that even legal?
  10. Why does this stuff matter to my film / blog / website / music site?
Panelists:
Oren Bitan (Morrison & Foerster), Twanna A Hines, moderator (funkybrownchick.com), Corynne McSherry (EFF), Elena M. Paul, Esq (Volunteer Lawyers for the Arts)
Level:
Advanced
Category:
Business / Entrepreneurial
Type:
Panel
Event:
SXSW Interactive 2009
on 8/8/08
MODERATOR'S BIO: Twanna A. Hines is a New York-based writer, editor, blogger and sexpot. Her dating commentary has been heard on NPR, and details about her rendezvous have been printed in Glamour magazine. She has written for Lifetime, Nerve, Gen Art, Fast Company and others. Creating online content since 1995, her sites have recently been mentioned in New York magazine and online at Gawker media, The San Francisco Chronicle, Baltimore Sun, EbonyJet and Vibe. Visit her at www.funkybrownchick.com.

CONFIRMED PANEL MEMBERS: Jason Schultz, associate director of the University of California Berkeley Samuelson Law, Technology & Public Policy Clinic; Elena M. Paul, executive director of Volunteer Lawyers for the Arts; Corynne McSherry, an intellectual property staff attorney at the Electronic Frontier Foundation (EFF) and other panelists announced at a later date.

SAMPLE TAKEAWAYS / QUESTIONS TO BE ANSWERED: (1) What's the difference between trademark, patent and copyright? (2) I'm a digital filmmaker. How does piracy relate to all this stuff? (3) I already know about Creative Commons, but I don't get how it works. Can you explain it? (4) What are the "top 5" things I need to know about protecting my brand? ... and much more.
on 12/8/08
This sounds like a very informative panel.
on 26/8/08
This is going to be an excellent and informative panel from someone who's been there and can give the hands-on perspective of how to deal with this infringement on one's brand.
on 28/8/08
I don't think I'll be able to make it to Austin, but I'd sure like to hear this discussion.
don macivor
on 29/8/08
I won't be there but the presenter is intelligent,creative, and informative..
on 29/8/08
@ Lynne: Thanks!! At the moment, a majority of the panelists are practicing lawyers. So, they'll be able to give very specific, concrete advice about protecting your brand.

@ Rachel: Thanks for the kind words. And, yes, I definitely wanted to propose a panel that would provide my fellow tech-geek community with practical, useful information.

@ S Parker: For those who can't attend, I'll provide useful links and other stuff on my website. I did that with my presentation last year, too: http://www.funkybrownchick.com/sex.

@ don macivor: Wow, THANK YOU for the kind words!!! :)
on 29/8/08
Twanna is media-savvy and scary smart. I can only imagine what she'll have to say about protecting yourself creatively. This sounds not only interesting, but really practical.
David Phillips
on 30/8/08
now.. me.. being a novice .. would'nt it be prudent to do a wrap-a-round legally to kinda protect your idea from
being taken from you... am saying that to take a good look, at the idea from all sides, just so you keep your idea
yours....

DB3......
David Phillips
on 31/8/08
wish that I was able to attend..... have heard some real cool things about this gig..... roll away the stone and dazzle us..... DB3
on 31/8/08
Chris: Thanks for the kind words; I sincerely appreciate it!! David: Thank you. :) And, yeah, I'd definitely put info up on www.funkybrownchick.com for those who couldn't attend.
on 31/8/08
This might be a bit over my head, but seeing how Twanna's involved, I'd most def. check it out. Will certainly be interesting.
on 31/8/08
Who better than funky brown chick to hold this one down!
on 7/9/08
Derrick and Courtney, thanks!! :)
on 7/9/08
YAY!!! As an update, I'm happy to announce the ever-fabulous Liza Sabater (http://lizasabater.com/) from Culture Kitchen (http://culturekitchen.com/) is a confirmed panelist as well!! :) She's great & has much experience in these matters.
on 9/10/08
Great topic. We've had so many imitators, and the big skanky ones I have no problems telling to shut it down. But recently we had a tough case where "a regular mom" had hit on an idea similar to ours, possibly independently, but we had to ask her to cease and desist. She was upset, calling us the big bad company! Heck, we're not big and bad and we're just a couple of moms, too, but we have to protect what we've spent 10 years building!
Anyway, I look forward to this discussion.
on 10/12/08
I'd sure like to hear this discussion
on 26/3/09
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on 4/5/09
Derrick and Courtney, thanks!! :)
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I'd sure like to hear this discussion.
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on 4/8/09
If you have stolen the contents of your site, you need to write a complaint hosting provider.
on 9/8/09
Protect our brand is a very important.
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She was upset, calling us the big bad company! Heck, we're not big and bad and we're just a couple of moms, too, but we have to protect what we've spent 10 years building!
Great article..
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on 14/9/09
That's a nice article, thanks u.
on 15/9/09
Nice solution, now I can save my brand forever.
Thanks.
on 16/9/09
nice post, thanks for sharing.
wish that I was able to attend..... have heard some real cool things about this gig..... roll away the stone and dazzle us..... DB3
This is going to be an excellent and informative panel from someone who's been there and can give the hands-on perspective of how to deal with this infringement on one's brand.
on 25/9/09
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on 4/10/09
This sounds like a very informative panel. Thanks for sharing.
on 5/10/09
Thanks for this great informative post. This might be a bit over my head, but seeing how Twanna's involved, I'd most def. check it out. Will certainly be interesting.
That's a nice article, thanks u.
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这是一个不错的文章,由于美国
on 10/10/09
as an extract from the European Rent a Car framework: Legal rights underpinning a brand can take various forms, such as trademarks (registered and unregistered), patents, copyrights, and trade secrets. This intellectual property will contribute in different ways to the building of a brand, but its most important attribute is that it enables business to be done under the brand. In addition these legal rights can be exercised to prevent others from infringing. Legal rights will of course vary in different legal jurisdictions.



Legal protection can and should extend further than the brand name and logo. Good examples of this are Cadbury, which trademarked the colour purple for exclusive use on its chocolate, and Coca-Cola, which trademarked the shape of its glass bottle.



Certain measures can often be taken to strengthen intellectual property rights. For example registering a trademark gives a stronger position than an unregistered trademark. In addition there could be surplus intellectual property which could be sold or licensed off sais the Rent a Car agency.



It is therefore worth having a good understanding of the intellectual property rights underpinning a brand and how best they can be deployed in order to maximise brand value.

Apart from intellectual property rights stated by the Rent a Car Organisation, commercial exploitation or usage of a brand is where value is really created. This is where customers both in the trade as well as consumers regularly work with and encounter your brand in practice. This is where your brand's values are realised with the support of the communications mix, from advertising, point of display to PR. Such business should be supported through strong contracts and relationships.

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on 11/10/09
Protecting your Brand from your competitors is very important by taking care of what people are saying about your companies on internet
on 17/10/09
many current cases of imitation. rational if we are angry. very useful to follow SXSWi 08. Will be many benefits that we'll get there.
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on 23/10/09
point of display to PR. Such business should be supported through strong contracts and relationships.
on 24/10/09
If you have stolen the contents of your site, you need to write a complaint hosting provider.
on 26/10/09
What a lot of interesting comments....
on 28/10/09
This is where customers both in the trade as well as consumers regularly work with and encounter your brand in practice. This is where your brand's values are realised with the support of the communications mix, from advertising, point of display to PR. Such business should be supported through strong contracts and relationships.
on 28/10/09
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on 29/10/09
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on 30/10/09
I've been looking over your shoulders for quite a while now. And I feel now is the time for a more extensive comment.
Thank you.
on 3/11/09
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on 5/11/09
I want to know all the answers to all these questions. This question was a good and meaningful. thank you for the information.
If you have stolen the contents of your site, you need to write a complaint hosting provider.
on 5/11/09
Thanks for sharing with us the way to protect the brand. Good work man
on 5/11/09
However protecting brand is not of much concern when overall company is crises, so now in financial crises compnay is first after brand.
on 6/11/09
This sounds very interesting.

Most search engines can detect content theft when blatant but people are becoming every more devious by rewriting stolen content and passing it off as thier own.
That is really informative. Thank you
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I think we all should know about this ..
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Protecting our brand is one of the main thing that we should do we get into the business. So this article is quite helpful. Because there's not much of business people aware about how important is to protecting their own brand
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on 19/11/09
Brand protection can be taken a bit too far. I recently had a company threaten a suit against me for having a jewelry website with a domain name with their trademarked term in it. I complied with their request and stopped using it, took down the site, and started to focus on my FL Foreclosures blog. Then, some months later they came back complaining about ANOTHER site that didn't even have their trademarked term in it. Not cool.
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Great topic. We've had so many imitators, and the big skanky ones I have no problems telling to shut it down.
on 26/11/09
Chris: Thanks for the kind words; I sincerely appreciate it!! David: Thank you. :) And, yeah, I'd definitely put info up on www.funkybrownchick.com for those who couldn't attend.
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