Twitter: Don’t screw with our trademark!

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[Y]ou must not manipulate the bird!

via No flipping the bird! Twitter unveils strict usage guidelines for new logo

So says social media company Twitter.  In an announcement last week, Twitter asked its users to obey its trademark usage policy, to the tune of a graphically enhanced set of guidelines.

But users shouldn’t really be surprised by this.  Trademark owners MUST, I repeat MUST, monitor usage of their mark portfolio to this degree or otherwise risk losing protection.  So to the author of the article and those that complain about the new guidelines: don’t blame Twitter, blame the law.  Twitter is just doing what is necessary under the law and, to be honest, I am surprised they didn’t institute guidelines like this sooner.

If you want to compare and contrast Twitter’s policy with those of other cool and happenin’ companies, see here for Facebook, here for Starbucks and here for Apple.

Take a look at those policies and tell me if they are realistically doing anything that Twitter isn’t asking of its users.  Go on…I’ll wait… Continue reading →

NH Start Up Challenge Finalists Named

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As I posted recently, New Hampshire is trying its very hard to become known for being start up friendly.  An initiative put on by the Manchester Young Professionals Network is continuing to do its best to make that come true.

NH Start Up Challenge

Now in its 4th year of awarding NH-based start ups a good chunk of seed money, the NH Start Up Challenge gives away $25,000 in cash, as in nothing is required in return such as equity (bonus!), a trip to SXSW (double bonus!), and tons of in-kind services, such as legal advice and accounting services (is there such a thing as triple bonus?!).

One of the criteria of the competition is that the business must be NH based, so the folks from Boston and Silicon Valley either are relocating or sitting this one out.  I think narrowing the field to NH companies is fantastic and shows a commitment to growing the entrepreneurial spirit in the Granite State.

Just last week, three finalists were named in the event:

GroupTrip is a web application that allows friends to share research, plan trips and track group expenses.

Gear Freedom is an outdoor sports equipment rental company for kayaks, bikes or skis.

Ustabilize is an interactive game for Apple Internet devices that challenges users to balance in different positions.

via 3 Start Up finalists named | New Hampshire NEWS02.

I went to last year’s event where Nearby Registry was given the grand prize and boy was it a tight competition.  I’ve met the owner of Nearby Registry, Allison Grappone, on numerous occasions and she is very excited to launch very soon.  There is no doubt that the NH Start Up Challenge played a huge part in getting her business off the ground and that it will continue to offer an amazing opportunity to other start ups here in NH.

Good luck to the finalists!  Hope to see you at the event!

Until our next conversation.

Seacoast Software Boot Camp

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Huge props to the folks out of the Greater Portsmouth Chamber of Commerce as they put together a full-scale, chock-full-of-fun software workshop for high school students titled “The Train to Success Jumpstart Mobile Application Development Boot Camp”.

The next “Angry Birds” just might come from the mind of a Seacoast student, thanks to the efforts of some local business leaders and a professor at Great Bay Community College.

via Boot camp gives teen programmers a leg up | SeacoastOnline.com.

In this sessions taking place from June 25 through August 10, students will learn HTML 5, JavaScript, and similar programming languages, with the focus being on developing apps.  I wish something like this existed back when I was in high school!

Something like this may already exist in the Granite State, but if it does, I am yet to hear about one.  This is a fantastic idea to get students interested in an area they probably already use on their iPhone or other smart phones and learn how to create the next great app on their own.

Marchand noted that one Seacoast-area business would hire immediately 65 to 70 software engineers if they were available.

I can personally attest that many of the business at CIC would hire qualified software engineers or programmers ASAP, the problem is exactly as mentioned: there is a shortage.  Getting up and coming students trained in these areas is important and shows there is a pent up demand for this skill set.  Students, take notice of this!

I’d strongly support any program that looks to foster interest in programs like this.  Way to go folks on the Seacoast!  I can’t wait to get out there and experience some of the technology happenings taking place!

Until our next conversation.

Trouble “Brewing” in Australia

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Beers of Years Ago

The dispute, now before an examiner at the trademark tribunal, will centre around Foster’s genuine use of the portfolio of heritage beer brands in the past three years and the ”non-use” section of trademark law covering a ”use it or lose it” guideline.

via Trouble brews on Thunder Road as micro tries to uncap beers of old.

There is a troubling brewing in Australia (pun intended) over several trademarks for beer that have been inactive for nearly a century.  Thunder Road Brewing, a micro brewery located in Brunswick, is launching an attack against a major player in the international beer industry, Fosters, and its parent company, SABMiller.

As the author describes, marks that have been abandoned are basically free agents for others to use, assuming there has been abandonment.  In the U.S., three consecutive years of non-use is prima facie evidence of abandonment, but there is also some argument that there must be an active intent not to use the mark again for abandonment to occur.

Either way, the folks over at Fosters may have a fight in there hand given the facts here show that the beers have not been produced for several years.  However, if Fosters can show that even limited production runs or “special editions” were made, likely in an attempt to avoid this very circumstance from occuring, then Thunder Road Brewing is not going to able to take the idea forward.  Of course what goes somewhat unmentioned is that Fosters basically has a duty to protect its marks in this manner or otherwise risk losing the rights without contest, which is surely not the plans of the parent company.

Thunder Road Brewing is saying that it wants to bring back these classic beer brands for more altruistic reasons, which are quite valiant from a beer fan’s standpoint.  If they cannot get the marks by arguing with Fosters, perhaps they should seek to get an assignment or license to the names so they can carry on the traditions they are fighting to revive.

I think it will be interesting to pay attention to the developments in this case if for no other reason than they all sound like good beer names.

What do you think, has Fosters abandoned these beer names?

Until our next conversation.

Will ‘Silicon Millyard’ Take Flight?

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The Dyn team hopes to woo others to the mill buildings of the old Amoskeag Manufacturing company, which totals nearly 6 million square feet and is the current home to Dyn’s corporate office.  “If you think about ecosystems, one company follows a company and another follows that company,” Chynoweth said.

via Dyn helps recruit startups to ‘Silicon Millyard’ – Mass High Tech Business News.

At the Party at Arms that took place about two weeks ago, Manchester, NH put a stake in the ground that it wants to be known as startup friendly by coining the phrase “Silicon Millyard’ to represent its burgeoning startup community.  At the event, which was attended by well over 300 people, each of the speakers echoed the same theme: don’t overlook New Hampshire as an innovative state.  The quote above, from Dyn COO Gray Chynoweth, rings true in that even though Manchester, and much of New Hampshire for that matter, is known for its manufacturing background, all it takes is one tech startup company to start a wave of new tech companies to do the same.  The great part about the movement is there are so many people that want to see this happen, the crew at Dyn included.

I recall quite vividly meeting Jamie Coughlin the head of the abi Hub in Manchester just over a year ago and getting the same jive I felt going to our offices in Cambridge, MA.  Jamie is an energetic, innovative mind that will no doubt also lead the charge on changing outsiders’ perspective of NH being startup friendly.

With companies, such as Dyn and the abi Hub, leading the way, New Hampshire, and more specifically Manchester, will establish the area as one that encourages innovation and supports entrepreneurs.  The community is behind the concept so much so that it plans to launch a New Hampshire startup fund that will award $100,000 cash annually to worthy entrepreneurs.  The plan is to divvy up the proceeds at a $50,000, $30,000, and $20,000 set of levels, with the top winner getting the top prize.  You could tell in Jamie’s voice when he alluded to the fund announcement at the Party at Arms that something big was coming and the fund is no doubt a vital piece to the puzzle.

All of this shows that there is a firm commitment from service providers, venture capitalists, and entrepreneurs to prove that there is no need to go to Boston to get their “startup fix”, which can clearly be found here in the Granite State.

While I have met a few of the folks from Dyn, I look forward to getting to know more of them, and similarly minded people that support this initiative.

Here’s to continued growth of the New Hampshire startup community!!

What do you think about the startup movement in NH?  Will it survive and flourish as everyone hopes?

Until our next conversation.

BC Law lists law firm’s associate job below minimum wage

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He said that while the pay is low, the lawyer who is eventually hired will gain valuable experience.

via BC Law lists law firm’s associate job below minimum wage – Boston Business Journal.

Those are the words of Larry O’Bryan, one of the partners at Gilbert & O’Bryan LLP, about a recent job posting by his firm on the Boston College Law School job database.

Is this a sign of the times for our nation’s job market or a sign of the times for new attorneys…or perhaps both?

Aside from the pay being questioned as potentially below minimum wage, it does propose a novel idea: offer young, hungry, well-educated attorneys a job at a very low salary and allow them to prove they can handle the job and learn a few tricks of the trade along the way while it “only” costs the firm $10,000 (plus benefits) and any time put in for any training.

While I think the pay is a bit low, even given the market conditions, the concept is something that is not something that should be overlooked.  I may still be a “young” attorney, but when I started law school five years ago, the legal job market was flourishing (and about to tip over a year or so after!).  It was not uncommon for the students in the classes ahead of me to receive offers for $145,000 or even $160,000 from larger firms.  It was as if there was a race to the top in terms of who could pay the most money to bright, new attorneys.  I wouldn’t classify this latest offer as a race to the bottom in terms of who could pay the lowest and still get qualified applicants, but I do think it shows you that the market may finally be leveling out and realizing it has overpaid its workers for many years.

In my mind, the attorney that gets the job could do one of two things: take it as a minimum wage job and only put in the minimum effort OR knock it out of the park, impress the partners so that can’t let him or her go without a salary increase or allow that young attorney to move on to bigger and better (and hopefully higher paying) opportunities.  Don’t get me wrong, the salary is low, but at the end of the day it is law firm experience, you are still getting to use your law degree, and you find a second or third job to help reach your budget.

The folks over at Above the Law have already lambasted the firm for the posting and BC Law for permitting such an offer to be posted at a reputable, tier 1 law school.  But perhaps their satirical view comes from a bit more of the top of the market than the bottom when it comes to salaries for new attorneys.

What side do you land on when it comes to this job offer?  Is it reasonable or is the firm, and BC Law, out of line?

Until our next conversation.

Startup vs. Startup: Trademark Edition

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So here’s a story that hopefully will be an eye-opener for entrepreneurs and startups, while providing a painful peek into trademark harassment and the importance of due diligence.

via Startups Vs. Startups: App Developer Gets Sued By Lightbank-Backed WhosHere | TechCrunch.

You know when a story starts up with that sentence, it will be a juicy one…at least to a trademark or IP attorney.  Read the first paragraph then come back here and you’ll see why.  You’ll also see why hiring an attorney is sort of like replacing your oil filter.

The basics: Startup #1 starts in 2008 under the mark WHOSHERE; startup #2 starts in 2010 under the mark WHO’S NEAR ME LIVE and never conducted any trademark search, or so it seems.  Both companies apparently have a similar service they are offering as an app.  There were some conversations about collaborating that later fell apart and #1 eventually nicely asked #2 to stop using WHO’S NEAR ME LIVE.  #2 basically refused, so #1 got a bit firmer with a formal C&D letter.  #2 made a few alterations, changing his name to WNM, but still using the language “Who’s near me live” in less prominent font.  Clearly #1 had a duty to protect its mark, being the senior user, so it sued #2.  #2 missed a deadline and a default judgment is entered against it.  #2 found a filing mistake and got a 7 day extension.  #2 has no pleaded with the startup community to get help to pay the legal fees to protect himself.  The two companies have also traded extensive public barbs back and forth…none of which are particularly friendly.

I can sympathize with #2 with this…but only to a certain extent and that is primarily financial side of things.  Legal help isn’t always cheap, let along free.  Several startups have come to us looking for help, but unfortunately even lawyers are businesses and need to charge something for their services.  All too often startups overlook some basic, affordable legal services that many attorneys can offer that would be better than not seeking legal help at all.  It can be something at the entity formation stage, the IP protection stage, or just picking the right partner and having some agreement in place to govern that relationship.  I can offer a number of similar stories where not spending a few hundred dollars early on would have prevented a boat load of fees later.

In my opinion, running a startup isn’t easy, isn’t always fun, and can certainly cost more than most folks realize.  Sometimes an otherwise amazing idea doesn’t get pursued because certain costs cannot be covered.  All too often, and this is unfortunate in my mind, legal basics are overlooked and forgotten until something like #2′s situation arises.

What’s the lesson here: learn a ton about trademark law, business law, and the legal liabilities of running a startup…or hire an attorney that can help with these items…and preferably do so EARLY.  It is like the guys from the FRAM oil filter commercials from a few years back and their legendary line: “You can pay me now, or you can pay me later.”

A quick message to #2: Good luck!  This trademark stuff isn’t easy or for the faint of heart.

Until our next conversation.