ChaCha Named a Top 100 Startup

Yet another great accolade for an Indianapolis startup, ChaCha, which has been named a Red Herring Top 100 North American Tech Startup.

The award honors promising private technology ventures in North America. The Red Herring editorial team evaluates companies based on financial performance, technological innovation, quality of management, execution of strategy and integration into the company’s respective industry.

Congratulations!

via ChaCha named a top-100 startup | Indianapolis Star | indystar.com.

Symposium at IU-Indy Will Examine New Patent Law

The Intellectual Property Law and Innovation Symposium at Indiana University School of Law – Indianapolis on Dec. 2 will focus on recent changes to patent law created by the America Invents Act (AIA).

The Center for Intellectual Property Law and Innovation has assembled a distinguished group to analyze the AIA from a variety of perspectives, focusing on the Act’s implications for the life sciences. Speakers include a legendary patent law jurist, patent reform leaders, chief corporate patent counsel, leading practitioners and scholars, as well as the PTO’s Patent Reform Coordinator.

The event carries 4.5 hours of CLE credit, pending approval. Registration is $125, which includes materials, refreshments and lunch. The event runs from noon to 6 p.m. at the law school, 530 W. New York St., Indianapolis. For more information, visit the law school’s website.

Purdue Builds Top Supercomputer on Unreleased Chips

Purdue University is home to one of the fastest supercomputers in the country and the 54th most powerful in the world, according to the international Top500.org list. The twist is that the system uses Intel chips that haven’t been released to market yet and aren’t expected until next March.

The new supercomputer, nicknamed “Carter,” for Purdue alumnus Dennis Carter, is an HP Cluster Platform 3000 SL6500. It features Intel Xeon E5 “Sandy Bridge” eight-core, 2.6 GHz processors, which haven’t yet been released to market, along with HP ProLiant servers and Mellanox FDR Infiniband cluster interconnects. The system has a total of 10,368 cores and runs the Linux operating system.

Read more at Campus Technology.

Indianapolis Among First Cities to Get AT&T 4G Network

On November 20,  Indianapolis will become one of the first cities in the U.S. to get access to AT&T’s 4G LTE network. The 4G network is expected to provide broadband speeds as much as 10 times faster than 3G networks.

The other 5 cities to receive 4G are Charlotte, Kansas City, Las Vegas, Oklahoma City, and San Juan, Puerto Rico. AT&T hopes to cover 15 additional markets by the end of November.

Trademark Licensing Lessons from the Faucet Couture

It looks like a unique cross-licensing venture may force me to revise my standard email that I send to trademark clients. For years, I’ve used the following language to help clients understand how to properly select goods and services for their trademark application:

An applicant must state the specific goods or services for which registration is sought and with which the applicant has actually used the mark in commerce. You will not be able to claim federal trademark protection for goods and services outside of those listed in your application (for example, a plumbing company could begin selling “INSERT CLIENT TRADEMARK” faucets without infringing upon your registration as it will not claim “faucets.”

Introducing Jason Wu for Brizo. It turns out a trademark’s expansion into the faucet market may not be so unlikely after all:

Jason Wu is a popular Manhattan-based fashion designer. Brizo is an Indianapolis-based provider of luxury faucets. The two have collaborated to create faucets that, besides looking good, also have a green tech aspect that is pretty cool:

The Jason Wu for Brizo Odin faucet is equipped with SmartTouchPlus(TM) Technology, which allows users to start and stop the flow of water with a simple touch anywhere on the spout or handle of the faucet. For a more intuitive experience, its hands-free mode activates the flow of water when hands are anywhere within 4″ of the faucet…an exclusive temperature control technology featuring a new temperature sensing indicator. A LED light display built into the base of the faucet uses shades of light, from blue to magenta to red, to indicate actual water temperature. The electronic valve built into the lavatory faucet also monitors the mixture of hot and cold water to help provide a consistent temperature for the user, while its high temperature limit stop offers an added degree of safety.

This teamup is a nice reminder that collaborative trademark cross-licensing can be a win-win for all parties. If successful, the Jason Wu for Brizo collection will reinforce the position of the Brizo faucet brand as fashion forward and innovative, and it marks the debut of the popular Jason Wu into the world of interior design.

Have Jason Wu and Brizo got you thinking about finding a trademark license for your company? Although the terms of every trademark license are different and may be freely negotiated between the licensor and licensee, all licenses must at least include the following provisions to be valid:

  • The legal names of the licensor and licensee
  • Identification of the trademark(s) that are the subject of the licensing agreement
  • Identification of the products/services with which the licensed mark may be used
  • The geographic territory in which the licensee may operate and sell its products/services
  • Quality control provisions that set forth clear standards as to the nature and quality of the licensed products/services

Optimally, a trademark license should also explicitly state:

  • whether the license is exclusive or non-exclusive
  • the duration of the license
  • whether the license may be renewed and under what conditions
  • the amount of any royalty payments or other compensation due to the licensor and when those payments are to be made
  • the responsibilities of both parties upon the termination or expiration of the license
  • the consequences of breaching the license and the time in which the breach must be remedied

Can you think of other innovative trademark cross-licensing efforts from Indiana companies? Leave a comment below.

Teaching the iGeneration

Adults don’t really understand what it’s like to grow up in the age of the iPhone. I’ve seen plenty of grown-ups struggle to make sense of the role of mobile computing and social media in our society and their own lives, but we need to always remind ourselves that these tools are all our kids have ever known. Fox 59 featured a new book yesterday called Teaching the iGeneration, which attempts to help teachers educate the latest generation of iKids:

You know what the iGeneration in your classroom looks like. They are the students willing to experiment their way through anything, confident that trial and error can crack the code better than reading manuals or following directions. They’re turning to the Internet first and the library second when assigned research projects. Their minds are working fast, but not always as deeply or as accurately as the adults in their lives would like. Yet teachers can capture the attention of the iGeneration and help them grow by integrating technology into classrooms in a way that focuses on the skills that have been important for decades. The purpose of Teaching the iGeneration is to help teachers find the natural overlap between the work that they already believe in and the kinds of digital tools that are defining tomorrow’s learning. Each chapter introduces an enduring skill information fluency, persuasion, communication, collaboration, and problem solving as well as a digital solution that can be used to enhance, rather than replace, traditional skill-based instructional practices.

My law students are glued to their Macbooks during class, no doubt, but I wouldn’t consider them the iGeneration. Has anyone who works with K-12 students read this book? Was it useful for your classroom?

More questions about LiTEBOX: Trademark Fraud?

When new companies come to Indianapolis promising tech jobs, particularly as part of a joint announcement with the Governor and Mayor, I like to check our their trademark portfolio and make sure all is in order. Apparently in the excitement of watching Michael Jordan highlights on top of semis or receiving multi-million dollar tax abatements, LiTEBOX has added the federal trademark registration notice, ®, to their Facebook page despite not owning a valid trademark registration. This could cause LiTEBOX trademark problems now (fraud) or later (inability to protect their mark based on this earlier fraud).

“Improper use of the federal registration symbol, ®, that is deliberate and intends to deceive or mislead the public or the USPTO is fraud.” Trademark Manual of Examining Procedure 906.04

LiTEBOX could have a state trademark registration somewhere (though not California or Indiana) but they don’t include any trademark notice on the LiTEBOX website. Though, perhaps even worse than careless handling of one’s own trademark, LiTEBOX also fails to include a trademark notice for partner PANASONIC.

In addition, LiTEBOX at some point is going to have to reconcile their use of the trademark with the owners of this trademark application:

Trademark considerations may seem small given all of the other questions that have been raised about LiTEBOX, but let’s hope they find good IP counsel soon to get their trademark situation sorted before it results in a big headache.

To everyone else, this is a good reminder to scan your marketing materials and online platforms for improper use of a trademark notice.

Indiana Lawyers Present: The CASE for Social Media

Kenan Farrell will be speaking at this upcoming seminar, Indiana Lawyers Present: The CASE for Social Media.

“Don’t miss this unique opportunity to learn from Indiana attorneys on how to use social media to generate clients, connect with legal professional, validate your area of expertise, drive website traffic and so much more!”

Five Trademark Concerns When Rebranding

Indianapolis’ library (formerly known as the Indianapolis-Marion County Public Library) has decided to rebrand itself, dropping “Marion County” from the name. With the Indy metropolitan area growing to fill just about all of Marion County, the new, shorter name makes sense from a marketing perspective. It was reportedly focus-group tested over the last year and the decision made based on how people most often reference the library.

From a trademark perspective, however, the Library’s rebrand raises a few concerns that should be instructive to all entities considering a switch to a new name or logo:

1. At a bare minimum, do a Google search for similar trademarks (and acronyms if applicable) already in use.

Focus groups are a nice touch if you’ve got the budget, but a Google search is free. There is no other Indianapolis Public Library and thus little concern about confusion with the name itself (other than self-imposed confusion from using multiple marks…see below). However, the acronym “IPL” is already widely known locally to refer to Indianapolis Power & Light, our town’s other source of enlightenment. Whether the focus group was asked about acronym association is unknown. Either way, we’ll see whether Indy is big enough for two IPLs.

2. Claim your domain name(s), Facebook, Twitter, YouTube, etc. BEFORE you announce the rebrand.

Make sure you’re not focus-grouping your company into real world relevance at the expense of online oblivion. Domain names and social media handles are valuable and that value needs to be accounted for in the decision to rebrand. Here is IPL’s current suite of Twitter accounts:

Of the four IMCPL accounts, only the “readers” equivalent is available for IPL. The other three are claimed, one certified:

I won’t belabor the point by expanding on other social media platforms (The Library has facebook.com/IMCPL and the Indian Premier League has /IPL) but all of them should be proactively addressed in a rebranding effort. Obviously different handles can be chosen but that puts you one step further away from reconnecting with existing fans/followers. Also consider all of the broken links that will be created when you drop your old accounts. Consider how you’ll effectively communicate the rebrand to your existing followers. To smooth the transition, a successful rebrand needs to be accompanied by a continuous monitoring of the old mark and online properties. Congrats, you now have twice as much trademark enforcement responsibility.

If you don’t claim your accounts before rebranding, you’re leaving them out there for cyberprofiteers who can quickly and easily grab them and then demand a king’s ransom. “First come, first served” is the name of the game for most social media platforms, regardless of trademark rights.

3. If you’re going to rebrand, then REBRAND!

Due to budget constraints, IPL officials are introducing the new name and logo in a piecemeal fashion as materials are needed rather than a wholesale change all at once. The descriptive nature of the trademark may help prevent customer confusion, but using two brands at once is typically a sure-fire way to confuse your own customers. Once you’ve decided to rebrand, be swift and decisive.

See what’s going on below? Someone obviously went in to add the new logo but didn’t change the Page Name, About or General Information. Budget is no excuse for that. Instead, it winds up looking to an outsider like an entity that can’t get their trademark straight. If you can’t get your trademark right, don’t expect others to do so. Also, as discussed above, notice the Library is still tied to facebook.com/imcpl and probably always will be as Facebook doesn’t allow simple username switches. That or start from scratch and lose all prior content and those 3,736 followers.

4. Always use a proper trademark notice (“TM” for common law rights).

This is the same advice as for any entity with a trademark they want to protect. In the excitement of the rebrand, don’t overlook sound trademark practices.

5. When budget permits (ballpark $800-$1200), seek federal registration, thus allowing you to use the registration symbol, ®.

Preferably you’d like to file before or shortly after the rebrand. Build the cost of a federal trademark application into your rebrand budget and spare yourself many headaches down the road. Being a geographically descriptive mark, the IML will have trouble obtaining federal registration. However, IPL did register both its name and logo in Indiana. (Those state registration certificates need an update, huh? Todd Rokita?)

Keep these guidelines in mind for your next rebrand. Marketing and trademark concerns should be considered simultaneously if you want to truly evaluate the impact of your new name and logo.

[UPDATE 9/1/11 - For charitable entities, don't forget to rebrand your Foundation simultaneously with all of the same concerns as above. See images below.]