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Myths about trademarks and the top 5 reasons to register your brand name and logo.

Monday, June 7th, 2010

trademark

Myth no. 1 – Once you register a trademark you own it forever and for everything

Myth no. 2 – Registering a domain name offers all sorts of legal protection

Myth no. 3 – You can save money if you conduct the search yourselves.

Trademark Tip – Top 5 Reasons to Register Your Brand Name or Logo.

There a myriad reasons to protect your trademark, brand name, logo or slogan through federal trademark registration with the United States Patent and Trademark Office (USPTO). Here are just a few of the top reasons why you should seek federal protection for your mark:

1. Trademarks are a part of your company’s intellectual property portfolio. It could very well be one of your most valuable business assets, albeit an intangible one. Trademarks can be accorded a value separate and distinct from other assets in your company. To illustrate, the Coca-Cola® trademark alone is purportedly valued at $70 billion. This doesn’t include other assets such as trucks, manufacturing and bottling facilities, etc., just the Coke® brand. The value of a registered trademark may be listed as a line item asset for companies seeking to attract potential investors or obtain financing.

2. A federally registered trademark grants you nationwide priority claim of ownership to the mark. A registered trademark provides constructive notice to prospective users and potential infringers of your claim of ownership to the mark. In the event of  a dispute concerning rights to use a particular mark, the registered trademark owner will have the benefit of the doubt vis-à-vis a non-registered user of the same mark for similar or related products.

3. In the event of any unauthorized use or potential infringement of a registered trademark, the trademark owner is entitled to seek redress in federal court. The registered trademark owner can bring suit in federal court for trademark infringement and prohibit the alleged infringing mark from being used in commerce in a manner that causes confusion with the registered trademark. Moreover, trademark owners may seek three times their actual damages suffered as a result of the infringement (triple damages).

4. If you are interested in obtaining international trademark protection for your brand, you will need to first have a registered or pending application filed with the USPTO. A federally registered trademark is the basis for U.S. trademark owners to seek international trademark registration. Upon filing your application, the USPTO assigns your mark a serial number (or a registration number, once registered). This number is used to submit an international trademark application under the Madrid Protocol System for International Trademark Registration.

5. Registered trademarks may be filed with the U.S. Customs Service to prohibit the importation of infringing foreign goods that may bear your mark or something similar (“knock-offs”). Many illegal imports attempt to trade off the established brand value of famous or well-known marks. Trademark registrations may be placed on record with the Customs Service so infringing products entering the country may be flagged, seized and possibly destroyed.

So there you have it, the Top Five reasons to protect your brand name or logo through federal trademark registration. There are other reasons, of course, including protecting your brand value and hard earned marketing dollars. For more information concerning trademark law, the trademark registration process, or for questions concerning your particular mark or brand, please contact one of our FlatFee Trademark attorneys at 1.800.769.7790 or [email protected] .


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The BlackBand viral marketing campaign

Saturday, April 17th, 2010

Case study: Blackband project

Owner: Camacho Cigars, Authors: Dylan Austin, Gianni D’Alerta

Background/Introduction:

Before we started this project we planned and built the following two sites for Camacho cigars – www.camachocigars.com and www.socialcigar.com (at first we did not reveal that Camacho was behind this site). Through the two sites we built a subscriber list of 4,500 people in less than one year. Since then we have also built www.room101cigars.com, and we are currently working on a new revolutionary social networking platform and corporate site for Camacho Cigars/Davidorff.

Kickoff of the BlackBand project:

To start off, here is an excerpt from the press release, post project:

“The campaign objectives for Camacho included the creation of an engaging, opt-in viral marketing campaign, a successful permission-marketing opportunity as an outlet to sample yet to be released products. A four-part web-series was created without mention of Camacho until the final “reveal” episode. The viewers followed the satirical Independent Cigar Review Bureau, a fictional agency, whose sole purpose was to educate the world about cigar selection, as they used humorous, guerilla-style tactics to enlighten three characters that represented the most common cigar misconceptions”

Process:

  1. We launched the site with this page: http://www.blackbandproject.com/home-temp/
  2. We blasted Camacho’s mailing list of 1000 and the social network we created while I was at Propeller of 3500 people, not as Camacho but as the fictional company. The amazing thing was that the idea was so interesting that we had a very low spam report.  We also ran rich media banner ads that actually played a trailer of the project on the websites the banners resided.
  3. Once the person signed up they would get one episode a week that would build upon the myths and misconceptions of cigar smoking. The Buzz just keep mounting… people passing the links to their friends… it was huge… in the online cigar world.
  4. After they registered they immediately received their first “mission” http://www.blackbandproject.com/d57s-1/
  5. A week after that http://www.blackbandproject.com/6ku6-2/
  6. A week later http://www.blackbandproject.com/hr4s-3/
  7. And then the conclusion http://www.blackbandproject.com/b7x3-conclusion/

Results:

  1. We gained 15,500 new subscribers! With that permission to market to them anything in the future. They are already expecting more from Camacho, and we won’t disappoint them.
  2. Every cigar website was buzzing about the project, we even got more hits on our Black Band Project site in one month that Cigar Aficionado.
  3. After the last video was sent… a month later people got 3 cigars in the mail. So for a whole month, every week… the conversations where about the black band project. Then when the cigars shipped, another huge buzz.

Another Excerpt:

From day one, the campaign captivated the cigar industry and generated sweeping buzz across the country, with thousands of cigar enthusiasts discussing who was behind “The Black Band Project” on social media outlets, including Twitter, Facebook, and cigar-industry message boards and blogs.

End results:

  1. 15,000 leads
  2. 4,000 people got the cigars (people who watched all the videos)
  3. 15% overall sales increase after the launch of the new product.

Podium finish for Primetime and the Braille Battery racing machine

Wednesday, March 24th, 2010

Strong Debut For Primetime In The Sunshine State

Hollywood, Florida March 23nd 2010 – Primetime Race Group delivers a podium finish in the American Le Mans Series debut of the Oreca FLM09 Le Mans Challenge car at the 58th annual 12 Hours of Sebring in the newly sponsored and liveried Braille Battery racing machine.

After a long anticipated move to the LMP category of the American Le Mans, Primetime is already writing new chapters in the record books. The team arrived to Sebring Florida 6 days prior to race day in preparation for the start of the 2010 season. Testing began on Tuesday for team drivers Joel Feinberg, Kyle Marcelli, and gentleman driver Tom Weickardt who would join the team as the third driver for the 12 hours. As expected at the start of every new season, glitches needed addressing across the paddock, teams needed to shake off the dust from the winter, and it would be some time before the days would start to flow with consistency.

As usual, Primetime would do what they do best and fight through adversity; in this case it would be the task of running a brand new car that had never turned a race lap on US soil. The Oreca built FLM09 had been adopted by the American Le Mans Series after a successful season of sprint racing in conjunction with the European Le Mans Series and would now be put to the test of endurance racing in American Le Mans.

Five teams would step up and attempt to saddle the new stallion, a highly unforgiving task of determining whether the car could actually handle a 12 hour race would lie ahead. Sebring is historically known for being the most abusive road circuit in the world and would either make or break the addition of the new FLM09. Throughout the pre race practice sessions Primetime along with every team on the grid would battle with limited track time due to repeated closed course conditions for on track incidents that would cut practices by nearly half making it more than difficult to hone in on a race setup.

Leading up to qualifying, Primetime would suffer a substantial setback after an incident where the car needed to be towed off track and in the process severe damage was caused to the chassis resulting in a 14 hour repair to the carbon fiber monocoque which would keep the team from making it out for the qualifying session. None the less, with a twelve hour race ahead of them the team would keep their eyes looking ahead on the big picture and get the car back in order just prior to the race.

Team owner and multiple 2009 drivers champion Joel Feinberg would take the honours of the green flag start and pilot the #11 car until the first scheduled pit stop. At 53 minutes into the race, just one lap prior to a fuel stop, an electrical glitch had forced the cars computer to apply 70% throttle sending Feinberg as a passenger into a tire wall barrier in turn three causing severe damage that would require nearly 3 hours of repair at the teams trailer. The dedicated Primetime crew would once again rally to get the car back on track.

Once repaired and back on track, co-driver Kyle Marcelli would take the reins and begin what would be a double stint behind the wheel in hopes of turning fast laps and keeping the car out of the pits. Marcelli had set a consistent pace for himself during his 1 hour and 57 minute stint while running times as quick as or quicker than the class leaders before handing it over to Tom Weickardt who would then also pilot the car for a double stint of 2 hours and 20 minutes.

The Primetime crew continued running flawlessly for the remainder of the race with Feinberg in for another stint of 2 hours and 24 minutes and Marcelli running the final 1 hour and 57 minutes to the finish and taking the checkered in P3 of the Challenge class for the teams first of many 2010 ALMS podium finishes.

Joel Feinberg, Team Owner - I am tremendously pleased with the way our team worked this week, as always, Primetime is never done. We work to the end and never give up, in endurance racing anything can happen and you always need to be thinking ahead. Having Kyle in the car with us has been a great addition to the team and I foresee lots of great results for us throughout the season. The addition of Braille Battery as our title team partner has been a great experience. Braille owner Blake Fuller, his staff, and his product are truly success in the making. We look forward to a long and prosperous relationship together.

Kyle Marcelli, Co-Driver - This was a very emotional weekend for me. So much hard work has been put in to get to this point. Joel and the entire Primetime Race Group has made me feel right at home taking me under their wing and I cant thank them enough. We all have the same goals, passion and work ethic which I know is going to lead us to many more podium finishes and race wins. Overall Sebring was a successful weekend and I’m confident that we are only going to continue to grow and achieve more success as the season progresses.

Brent O’Neill, Team Manager Having run this race under the Primetime banner for the past three years, I can honestly say that this has been the most exciting one yet. Being a racer myself, I have seen everything from all sides and have experienced the highs and lows of endurance racing. We had a winning car this time and just got caught out with something that would have never been a thought. I have to take my hat off to my crew for their commitment to getting the job done, not one person under our awning wasn’t giving it 110% when we needed them. Great job guys!

Blake Fuller, Braille Battery - History of the Sebring 12hr race shows that great drivers need a great team to not only finish, but to be a true contender. The inaugural 12 hr race for the LMPC class shows that the Braille Battery/ Primetime racing team are going to be a real threat in this season championship. The determination of the team to win is evidence in how they recovered from a catastrophic first hour (a flat and contact with the wall) and climbed back to a podium position all within 12 hours!

Multiple professional teams are currently using Braille Batteries in the American Le Mans series. The Braille Battery Primetime LMPC vehicle’s design is a proud testament to the response of racing teams and fans that green technology produces the needed products for the World we live in today.

We look forward to Primetime Race Group promoting Braille’s GreenStart Lithium and AAGM Dry Cell Technology throughout the entire American Le Mans 2010 series. The next round is fast approaching in Long Beach, California which will coincide with the “Race Has Gone Green Conference” that is being held to promote Green Racing within the Long Beach Race Course. This event will bring together industry leaders which are racing toward a change and I will personally be there as part of this event.
The team is now back in South Florida preparing for the west coast swing and round two of the American Le Mans Series in the streets of Long Beach for the Tequila Patron Grand Prix of Long Beach on April 17th with tape delayed coverage on SPEED TV at 8pm EST.

The Primetime duo of Feinberg and Marcelli will pilot the #11 LMPC car for what will be the shortest race of the season consisting of 1 hour and 40 minutes in the downtown streets of Long Beach, one of the most exciting and fan filled venues on the circuit.

Stayed tuned for further Primetime updates!!!!

For more information visit:
www.primetimeracegroup.com
www.kylemarcelli.com
www.americanlemans.com
www.braillebattery.com

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Road America has signed a 12 month strategy, technology and marketing activations contract with Kompani Group

Sunday, March 21st, 2010

Road America

Road America is uniquely qualified to provide outstanding service to our clients and their valued customers.  This confidence is based upon the tremendous value we place on our relationship with clients, our comprehensive, specialized and rated service provider network, our long-standing and unparalleled experience providing 24-hour roadside assistance services, and our quality approach to servicing our clients and exceeding their business needs.

Corporate Strength

Road America is a wholly owned United States subsidiary of the MAPFRE Group (MAPFRE) the largest insurance group in Spain.   MAPFRE had revenues of over US $17.4 Billion in worldwide operations in 2006.  MAPFRE operates an extensive international assistance network through a specialized subsidiary, MAPFRE Asistencia, which is the direct parent company of Road America.

MAPFRE Asistencia is a leading international insurance conglomerate providing emergency roadside assistance, insurance, reinsurance and general assistance services worldwide throughout 52 countries and over 1000 corporate clients, including Renault, Infinity, Ford, General Motors, Harley-Davidson, Toyota, Peugeot, and Volvo.  MAPFRE services 120 million beneficiaries worldwide, providing assistance on more than 2.5 million occasions and is rated A+ (superior) by the North American rating agency AM Best.

International Expertise and Experience

Our confidence is also based upon the significant experience and strength of our parent company, MAPFRE, within the assistance services industry.  In the field of emergency roadside assistance, MAPFRE has developed and operates an extensive direct provider network in 39 countries.

MAPFRE has developed proprietary software, procedures and know-how in the field of roadside assistance, and it has comprehensive experience in developing worldwide provider networks and call centers to service international roadside assistance programs for insurance companies, automobile manufacturers, financial service companies and other international corporations.

Flexibility and Responsiveness

Road America’s programs have been and are marketed successfully through a variety of marketing channels in the following industries: motorcycle OEM, automotive, associations, telecommunications (wireless and wireline), financial services, insurance, original manufacturers, motor club and utilities.  This diversity in experience has allowed Road America to perfect and enhance our service offerings and capabilities.

Road America’s strengths include the size and flexibility to customize our service offerings and the responsiveness to meet or surpass each client’s exact or unique marketing, service needs and culture.

Comprehensive Service Offerings & Capabilities

In addition to a complete array of benefits, including automotive, travel, security, and medical related services, Road America can provide a full range of support services including marketing and promotional support, fulfillment services, inbound sales and enrollment, membership tracking and renewals, and program administration.  Road America’s extensive list of services, innovative approach, and commitment to complete client satisfaction makes our service offering the most meaningful and comprehensive in the industry.

Ethical Business Practices

The nature of the MAPFRE Group demands enforcing a policy of ethical treatment of employees, clients, business partners and customers; social responsibility; respect of the legal framework; and a culture of sound business and accounting practices.  The MAPFRE Group requires the same strong ethical business practices from all of its subsidiaries within the MAPFRE Group.

Tested. Proven. Trusted®:

With more than 120 North American corporate clients and more than seven motorcycle OEM clients, Road America has proven sales and service results.

Road America’s 24-hour roadside and membership programs have been proven to:

  • Increase Brand Loyalty
  • Increase Customer Service Ratings
  • Increase Customer Referrals
  • Increase Customer Retention
  • Increase Customer Awareness
  • Increase Overall Client Profitability


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Work in a poultry or meat procurement department for a supermarket chain?

Tuesday, November 24th, 2009

Ever watched the movie Food Inc? When you watch it you will never again purchase poultry or meat for your customers, unless it originates from farm raised chicken, turkey or cattle.

And, when there is an opening in the seafood procurement department at your company, take the job, and consider teaming up with our friends from Portunus Group. Their CEO Palmi Palmason is one of these steadfast honest Vikings from Iceland, who will source the most nutritious and healthiest seafood from anywhere on the face of the planet and land it fresh in your seafood aisle. Enjoy. www.PortunusGroup.com

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Activeserve’s new business model takes off and the new web site is now live

Saturday, October 17th, 2009

Their Business is Your Business

iStock_000005523049SmallActiveServe is the ideal provider of business continuity solutions for South Florida businesses employing 3 to 100 business system users. Their expertise allows them to deliver superior insight, support, and service on nearly every type of technology system including communications, IT infrastructure, application hosting, and a wide variety of other answers for your business continuity needs.

In addition to the services themselves, ActiveServe also offers the unbeatable advantage of direct contact with their experts for design, decision, and implementation. In fact, they make a point of working hand in hand with business owners and/or IT managers to develop a custom business continuity blueprint… and they always make sure that technology never complicates the business side of things, and vice versa. That understanding, coupled with their specialized approach to business continuity is enough to make ActiveServe unique in the marketplace, but they can also be proud to be the first and only provider that offers a business continuity certifications program for small businesses in South Florida.

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Chef Michelle Bernstein, Michy’s and Sra Martinez are new Kompani Group clients

Friday, August 28th, 2009

img1Kompani Group is proud to announce that Chef Michelle Bernstein is a new client. Michelle Bernstein, her husband David Martinez and other business partners own and run three restaurants in South Florida. Michy’s is located on Biscayne Boulevard, Sra Martinez and the third one is set to open next month in West Palm Beach. Kompani Group will be collaborating with Matt Cohen from CAT5 on the design of Chef Michelle Bernstein and her restaurants’ website. The new site will launch before September 15th. 2009. Apart form site architecture, coding and programming, Kompani Group will also deliver a robust and cost efficient online social marketing platform along other innovative marketing initiatives for the restaurants.

Camacho and Room 101 Launch New Luxury Cigar Line

Wednesday, July 22nd, 2009

Our client Camacho Cigars has been working on a secret project for sometime. The project has finally launched!

Room101, the alternative luxury lifestyle brand for those who demand quality with an edge, is proud to announce their new line of Room101 Cigars (www.room101cigars.com). Originally founded in 2003 by Matt Booth, Room101 will introduce the premium cigar into their already successful line of silver jewelry, clothing, and accessories. The Room101 Cigar collection will be a blend of attitude, culture, celebrity, and some of the world’s finest tobaccos.

Read the rest of the Press Release here:

Kompani Group would like to congradulate Dylan Austin on another successful cigar launch.

Seacapital Group – sustainable resources, cultivated opportunity

Sunday, July 19th, 2009

logoKompani Group has added SeaCapital group to its roster of clients. SeaCapital is the first private equity firm dedicated solely to investments across the sustainable seafood value chain. Their mission is to advance sustainable and safe seafood resources by investing in companies and technologies that promote innovation and responsible development.

SeaCapital’s focus is to invest in growth-oriented companies across the seafood value chain in partnership with exceptional management teams. SeaCapital focuses on organizations with considerable growth prospects, and works closely with management to create and execute an expansion plans that encompass organic growth and strategic acquisitions.

Their principals collectively have more than 100 years of seafood and finance industry experience including a distinguished track record of working with management teams to build companies into larger and more deeply integrated organizations. The investments will be made solely in the sustainable seafood value chain where their significant experience in operations, strategy, and corporate finance will add significant shareholder value. Since 2003, the Seacapital team has completed eleven strategic acquisitions and divestitures with an aggregate value of more than $120 million.

Primetime Race Group

Saturday, July 18th, 2009

Kompani Group is proud to announce that we have added Primetime Race Group and Joel Feinberg to our client roster.

Most will find Joel to be a young, athletic, handsome man with a with a passion for success which is most certainly enviable if not contagious. Some might view him as quiet, shy, possibly aloof. But once he begins to open up about his life, you quickly find a more passionate and enthusiastic entrepreneur. Joel is what some refer to as a modern day “mover and shaker.”

Coming out of high school, Joel decided to embark on a career playing golf professionally. After six years on the circuit, he hung up his clubs to give significant time and energy to various business endeavors including Capital Real Estate Group, followed by the startup of SPORTS TALK 790 AM – THE TICKET, Primetime Media Group and Primetime Race Group.

Joel took on mountain biking, becoming a nationally ranked cross-country biker. Rising to the pinnacle of the sport Joel competed in what was known as, “The toughest mountain bike race on the planet,” a three day, three hundred mile race through the mountains and rainforest of Costa Rica. Joel also played ice hockey on a men’s league based in South Florida.

Primetime Race Group is Joel’s most recent business venture, a Florida based company specializing in professional motorsports as well as sports marketing. Primetime currently campaigns a Dodge Viper in the GT2 class of the American Le Mans Series (ALMS) which is the most prominent road race series in North America and an Elan DP02 in the International Motor Sports Association (IMSA) Lites Series, a support series to the ALMS. With 10 trips to the IMSA Lites podium, 11 top 5 finishes in 2008, and 2 first and 3 other podium finishes through June of 2009 it is clear to see that Primetime is a top contender.

Joel’s passion for winning has become the foundation of his success!

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