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Mitchell Bragg – Boston IP Attorney

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Mitchell Bragghttp://mitchbragg.wordpress.com

Twitter: Don’t screw with our trademark!

June 13, 2012 by Mitchell Bragg

[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 →

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NH Start Up Challenge Finalists Named

June 10, 2012 by Mitchell Bragg

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.

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Seacoast Software Boot Camp

June 8, 2012 by Mitchell Bragg

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.

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Trouble “Brewing” in Australia

June 8, 2012 by Mitchell Bragg

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.

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