Logo Changes and Registration

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Chris Saad

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May 6, 2008, 3:00:40 PM5/6/08
to DataPortability.General
Ok guys - I have advice from the lawyers.

They say:

1. If we rotate the logo 90' we will come out of conflict with Vevendi

2. If we pay $800 we can have an exhaustive search done by TM experts
to see if the new orientation comes into conflict with someone new

3. For another $400 we can register the trademark which serves to time/
date stamp our first use of it to try to avoid conflicts in the future
or at least have a stronger claim when the next C&D comes (apparently
they will probably keep on coming but at least this way we can draw
our line in the sand).

Does anyone have any problem with.

1. Rotating the Logo 90'
2. Using $1200 of Techcrunch's donation on this exercise?

My personal opinion is that we go for it.

Please respond to this thread by Thursday 8th of May 9am PST with your
thoughts.

wesley83

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May 6, 2008, 3:10:44 PM5/6/08
to DataPortability.General
I agree with you. I say go for it.

Brady Brim-DeForest

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May 6, 2008, 3:16:40 PM5/6/08
to dataportabi...@googlegroups.com
For reference purposes, here are examples of the possible alternate treatments:

http://flickr.com/photos/bradybd/2471825792/

-Brady

Jon

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May 6, 2008, 3:17:35 PM5/6/08
to DataPortability.General
Sounds like a reasonable things to do.

Bemba

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May 6, 2008, 3:18:53 PM5/6/08
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Hi Chris,

rotating the logo is ... well, just too bad if you have to do it.
But yes, go for it.

Good luck,
Aaron

Steve Repetti

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May 6, 2008, 3:19:59 PM5/6/08
to DataPortability.General
Agree that we need a protected non-infringing logo, which requires
spending money.

Note that "true" protection requires world-wide registration --- you
might want to check on the **real** associated effort/expense. If you
need help, financial support in this area, we have GREAT intellectual
property lawyers and would be willing to make a contribution.

J. Trent Adams

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May 6, 2008, 3:23:15 PM5/6/08
to DataPortability.General
Chris -

It's at least worth rotating the logo 90' and spending US$800 to see
if we're clear. If so, it's then worth spending another US$400 to try
and lock it up.

If, however, the 90' rotation still looks like a possible conflict, I
suggest we cut bait and go without a logo (using only the type
treatment) until we have the legal framework in place.

=jtrentadams

---
About Me: http://xri.net/=jtrentadams/(+about)
Contact Me: http://xri.net/=jtrentadams/(+contact)
Follow Me: http://twitter.com/jtrentadams


On May 6, 3:00 pm, Chris Saad <chris.s...@gmail.com> wrote:

AskFrasco

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May 6, 2008, 3:29:34 PM5/6/08
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Do it. From an economic standpoint, the value of maintaining a
business relationship is greater than the cost of pissing them off and
future legal fees.

Step...@basement-inc.com
@askfrasco

Mary Trigiani

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May 6, 2008, 3:35:22 PM5/6/08
to DataPortability.General
Let's do it, Chris. To Steve -- I think it's in the neighborhood of
$50,000 to trademark/service-mark globally. Your legal team would
probably be able to state for sure.

Lisa Brewster

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May 6, 2008, 3:43:10 PM5/6/08
to DataPortability.General
So what happens if the logo is still infringing after rotating
it...try again, then spend another $800 on research? It needs to be
done, I'm just curious about how this process works.

Chris Saad

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May 6, 2008, 3:44:25 PM5/6/08
to dataportabi...@googlegroups.com
Essentially yes Lisa.

This logo thing is a real pain in the but

Chris
--
Chris Saad

FaradayMedia - For Audiences of One
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DataPortability - Connect, Control, Share, Remix

Brady Brim-DeForest

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May 6, 2008, 3:51:20 PM5/6/08
to dataportabi...@googlegroups.com
Chris et al.,

I think this is a reasonable plan – but I would feel most comfortable
if there was a legal entity in place that would serve as custodian of
the registered mark. That being said, we can begin the trademark
search as well as the process of prepping the trademark application
now. This lights a new fire under our feet in regards to solidifying
the governance model, and formalizing our legal structure – which
isn't necessarily a bad thing.

As far as the aesthetics of rotating the logo 90 degrees, I think it
looses a bit of its utility as a mark (see Law 16, The Law of Shape,
The 22 Immutable Laws of Branding).

As far as the trademark search goes, I think it might be best (if
financially feasible), to form a list of multiple potential marks to
vet at one time. I recommend most of my clients engage the trademark
vetting process for their top five (or more) candidates. They then
select the final from the marks that were cleared. Unfortunately, we
did not have time or resources to engage this process for the 15 logo
contest finalists.

-Brady

Brady Brim-DeForest
http://www.brimdeforest.com/

Follow me on Twitter:
http://www.twitter.com/bradybd

Chris Saad

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May 6, 2008, 3:54:57 PM5/6/08
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In your experience is the check 1 price for 2 or 3 logos - or $800 per logo?

I also agree the rotated logo really starts to break down in terms of shape :(

Chris

Steve Repetti

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May 6, 2008, 3:55:22 PM5/6/08
to DataPortability.General
Mary: You are correct in that it is prohibitively expenseive to cover
EVERY country, however, there are some primary markets that can be
served. Last time we did this (recently) it was in the 2-3k (USD)
range for critical markets.

Regardless, ANY protection is better than none!

Aaron Cheung

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May 6, 2008, 4:15:58 PM5/6/08
to DataPortability.General
Rotating the logo by 90', there're 3 issues -

a) the rotated logo will be "standing" on one of the two "prongs".. giving an unstable/strange feel (well, one could argue it's more
dynamic?)
b) the rotated logo will read too much like pd (though one can argue it's for "portable data"..) instead of data portability
c) Vevendi might not necessarily give up the challenge (yes noted of the current lawyers' opinions)

$1200 for the research is reasonable but if just to research on the 90'-rotated one, seems moot given a), b) and c) above..

Any possibility to use (ie., research then use if clear) the one with 2nd highest votes from the logo contest?

Regards,
Aaron.

Aaron Cheung

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May 6, 2008, 4:19:42 PM5/6/08
to dataportabi...@googlegroups.com
+1

Brady Brim-DeForest

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May 6, 2008, 5:34:41 PM5/6/08
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Chris,

In my experience, the price of a trademark search can vary wildly. It
is certainly a case of you get what you pay for. We should reach out
to a few firms and vendors to determine if they would be willing to
provide services to DataPortability pro bono.

-Brady

Brady Brim-DeForest
http://www.brimdeforest.com/

Follow me on Twitter:
http://www.twitter.com/bradybd

danielabarbosa

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May 6, 2008, 9:51:31 PM5/6/08
to DataPortability.General
From our DataPortability Logo Skype Chat


[5:14:13 PM] Phil Wolff | Skype Journal | Oakland, California says:
Has anyone actually tried to talk with their marketing team?
[5:19:42 PM] Phil Wolff | Skype Journal | Oakland, California says:
This is not a confrontation, it's a negotiation, perhaps even just a
casual discussion. Before we spend a boatload, let's pick up the phone


+1 for me on checking all bases first
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