On the WSJ, Ms. Katherine Rosman wrote an article articulating how children's birthday parties are often reduced to crying fests. In baby-tongue it’s complaints about the lopsided sponge bob and in lawyer-tongue its concerns about trademark infringement.
Trademarks is a subject that is close to my heart, but so is my visiting 7 month old niece.
Proactively protecting trademarks is prudent and the old saying "prevention is better than cure" eventually becomes monetarily valuable. After all, the future success of lawsuits based on trademark infringement depends on such practice. Yet, should we consider leaning more towards business viability than towards legal paranoia?
One of the arguments from media companies is that they do not want to have their "highly developed" characters parading around a room with nappy padded bottoms running astray. Really? Are you sure that you will not find that one kid who is yet to be converted at the VERY SUCCESSFUL birthday bash?
Licensing costumes could keep a tab on the use of trademarked products and also get free mileage, up front and center, in the most persuasive crowd – the kids. Imagine, the now converted child shows up in a store, notices that character who he/she did not really care about until that party yesterday (and believe me kids can be oh so picky!) and begins the oldest and surest art of persuasion in history – WAILING! How many overworked and nearly keeling over mothers will fight that one off! Go figure.
The quivering lower lip and the watery eyes filled with dismay – admittedly it is a proponent of this stream of thought, but as a trademark lawyer business sense is not a factor far removed from decision making. To be fair, I believe costumes are licensed but are just not easily accessible. So what good is a carriage without the horses? Developing a business plan which address accessibility and yet confers limited rights to the licensee might work.
Maybe it's a thought worth revisiting.
Trademarks is a subject that is close to my heart, but so is my visiting 7 month old niece.
Proactively protecting trademarks is prudent and the old saying "prevention is better than cure" eventually becomes monetarily valuable. After all, the future success of lawsuits based on trademark infringement depends on such practice. Yet, should we consider leaning more towards business viability than towards legal paranoia?
One of the arguments from media companies is that they do not want to have their "highly developed" characters parading around a room with nappy padded bottoms running astray. Really? Are you sure that you will not find that one kid who is yet to be converted at the VERY SUCCESSFUL birthday bash?
Licensing costumes could keep a tab on the use of trademarked products and also get free mileage, up front and center, in the most persuasive crowd – the kids. Imagine, the now converted child shows up in a store, notices that character who he/she did not really care about until that party yesterday (and believe me kids can be oh so picky!) and begins the oldest and surest art of persuasion in history – WAILING! How many overworked and nearly keeling over mothers will fight that one off! Go figure.
The quivering lower lip and the watery eyes filled with dismay – admittedly it is a proponent of this stream of thought, but as a trademark lawyer business sense is not a factor far removed from decision making. To be fair, I believe costumes are licensed but are just not easily accessible. So what good is a carriage without the horses? Developing a business plan which address accessibility and yet confers limited rights to the licensee might work.
Maybe it's a thought worth revisiting.
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