OPRAH TRADEMARK POWER

We have all heard the power of an Oprah Winfrey product endorsement, or the financial windfall that occurs when Oprah puts you on her booklist. So of course having Ms. Winfrey endorse or even review your product, book, or service is a coveted position by any entrepreneur. Oprah is fully aware of the power of her endorsements, so she is making sure that who she endorses must be accurate, protected, and not diluted by fakes claiming that their products were endorsed by her when they were in fact not.

So Oprah is getting tough and has filed a federal complaint against 50 firms for false association, misrepresentation, trademark infringement, and other claims. After Dr. Memhet Oz touted the benefits of acai berry products, many firms used Oprah and Dr. Oz’s name and image in their advisement creating the impression that Oprah and Dr. Oz endorsed their products when the actually did not.

The lawsuit is Oz. v. FWM Laboratories, Inc. 1:09-cv-07297-DAB; was filed in the Southern District of New York, on August 19, 2009. The complaint states "[t]hese defendants are willfully capitalizing on plaintiffs' valuable reputation and intellectual property rights to lure consumers into ordering their infringing products on the false premise that they have been tested or recommended by Ms. Winfrey and/or Dr. Oz when they have not.”

Oprah is also assisting the Illinois Attorney General in a larger array of investigations which is cracking down on acai berries dietary supplement makers. So far the Attorney General has filed three other lawsuits. Oprah’s lawsuit shows her power of branding and trademark influence.

As a Los Angeles trademark lawyer, I see also several state claims that could be included. As such, Oprah’s New York attorney included claims of trademark infringement, false endorsement, dilution, rights of privacy and publicity under New York and Illinois law, copyright infringement, false advertising under New York and Illinois Uniform Deceptive Trade Practices Act, cybersquatting (to get back various domain names that includes Oprah’s trademarks), unfair competition, and unjust enrichment. So essentially they threw in the kitchen sink of claims, and rightfully so. Oprah is keeping her name and trademarks strong by zealous and diligent enforcement.

Pitching Your Invention to Toy Companies

Patenting toys is a hot area for many inventors, and can be very lucrative as well. You should always have a patent issued prior to pitching it to the toy reps otherwise you have no protection. In the very least you should have a pending patent application filed. In some rare cases, a toy company, typically smaller toy companies, will sign your non-disclosure agreement (NDA), but don't count on it.

When it comes to pitching and selling, and who to go to, it just really depends what industry you are in and if you have a winner of a product. I recently counseled one of my clients into a great patent licensing deal with a well established toy company, and she just recently filed her patent.

Here is a great Youtube link by Mike Mozart with advice about who to approach at toy companies when pitching your product: http://www.youtube.com/watch?v=pQrefQIqrwM&feature=fvw

Now is the Time to Invent and Patent

Companies have started to change their attitudes about accepting outside idea submissions from lone inventors. In the past, many companies instituted policies rejecting any outside idea submissions and instead relied on their internal R&D departments to come up with new products. Many of these companies did so to avoid potential patent infringement or other IP claims.

However, with the change in the economy, many companies are cutting back in their R&D budgets, so they are realizing that accepting outside ideas to buy or license is more cost effective. A prime example is Procter & Gamble, where Greg Swartz of Arizona, a lone inventor invented a battery-operated odor-eliminating device called the “Hang ‘n’ Fresh” that hooks inside garbage cans. Swartz took the approach of simply emailing P&G and received a response in 24 hours, in which the company took the invention under consideration. If approved, Swartz may have a large royalty license agreement or assignment (total sale of the invention) to P&G. In fact P&G established an external-ideas program in 2001. In 2008 P&G received 3,740 submissions, and has about 1,000 contracts under the program.

Patenting your invention, or in the very least filing the patent application now, and doing the proper homework as to the right contacts at the right companies, can land you a similar royalty or a million dollar assignment of your invention.

Michael Jackson the Inventor had a Patent.

Who knew? Michael Jackson held a registered patent for anti-gravity footwear. Do you remember his incredible dance moves from the “Smooth Criminal” video when he would lean forward at extreme angles without falling? Turns out his magic moves were assisted by his anti-gravity shoes as patented in United States Patent Reg. No. 5,255,452 for a “Method and Means for Creating Anti-Gravity Illusion.”

Method and means for creating anti-gravity illusion Michael J. Jackson et al: ""
In the actual video of Smooth Criminal, his dancers had to be restrained with harnesses in order to achieve the nearly 45-degree angle lean. But for live performances, Michael didn’t want the visibility of harness. So presto, his inventive mind along with co-inventors Michael Bush and Dennis Tompkins came up with the patent which would allow the shoe to lock and release into a hook on the stage to create the great effect.

Domain Name Escrow Service

The Law Office of Michael N. Cohen, PC offers domain name escrow services. Most parties prefer the use of an experienced domain name attorney for the transfer of an important domain name to reduce the likelihood of fraud. Please visit our website for more information regarding our domain name escrow service.

Top Trademark Attorneys US 2008

The Law Office of Michael N. Cohen, P.C. is proud to annouce that it was ranked amoung the top trademark firms in the United States in the April 2009 edition of Intellectual Property Today Magazine.

Intellectual Property Today Magazine is a promenient monthly publication focused on legal issues in patent, trademark and copyright law.

Candy.com Domain Name Sells for $3,000,000!

Is this about the power of candy or the power of domain name real estate? It was reported that Candy.com was sold by the Florida based G&J Holdings for $3,000,000 to Melville Candy Company of Massachusetts. This is the same company runned by Rick Schwartz who sold iReport.com to CNN for $750,000. After the sale of toys.com sold earlier this year for $5,100,000, the candy.com sale is the second largest domain name purchase for 2009.

Hopefully Schwartz had his domain name attorney draft a solid domain name sale agreement so that there are no disputes regarding the transaction.