Hot Topics in Trademark, Advertising & Copyright CLE Seminar Thursday, July 17, 2014, 12:00 p.m. to 5:00 p.m. Princeton Club, 15 West 43rd Street, New York EARN 3.5 NY/NJ CLE CREDITS FOR BOTH NEWLY ADMITTED & EXPERIENCED ATTORNEYS AGENDA 12:00 - 12:30 Registration 12:30 - 1:00 Lunch 1:00 - 1:40 Welcome Remarks followed by the Keynote Address Dr. John Tantillo Protecting Brands in Social Media Today: What to do when “tweets and things” go wrong 1:40 - 2:40 Advising Clients on Handling TM Issues in China and the New Chinese TM Law Update Demi Wang, NTD Intellectual Property Attorneys, China Homeland Security Investigations – Criminal Enforcement of Intellectual Property Rights Violations Erin Keegan and Jordan Brafman, Department of Homeland Security 2:40 - 2:55 Refreshment break 2:55 - 4:55 To me, or not to me? Performing artists and the Right of Publicity Anthony B. Corleto, Wilson Elser Moskowitz Edelman & Dicker Privacy Law Update Boris Segalis, Info Law Group FTC-Proofing Marketing Campaigns: What to Include and What to Avoid Lesley Fair, FTC Copyright: Fair Use Update Thomas Kjellberg, Cowan Liebowitz & Latman 4:55 - 5:00 Closing Remarks Hosted by the Trademark Law & Practice Committee Co-Chairs Pina Campagna, Dyan Finguerra-DuCharme, & Kathleen McCarthy in conjunction with the Continuing Legal Education Committee Co-Chairs Mark Bloomberg & Robert Rando Keynote Speaker Dr. John Tantillo Dr. John Tantillo is author, branding and marketing consultant, former radio talk show host, contributor to the Fox News Opinion Page, a go-to expert for BBC on a range of marketing issues and frequently appears in the national media, which includes Cavuto, Fox & Friends, MSNBC’s Weekends with Alex Witt, ABC News Live and Fox News Live. He is widely known as “The Marketing Doctor for his outspoken adherence to the marketing concept, which has been defined as the essential role of marketing as a vehicle to identifying and satisfying consumer needs. He has been particularly outspoken about what he perceives as the money wasted on Super Bowl advertising. Tantillo has been called the “Howard Cosell” of marketing for his distinctive voice, mannerisms and clothing. He is credited with coining the term The O'Reilly Factor, which later became the title of Bill O'Reilly’s television show. Dr. Tantillo is the author of the popular book, “People Buy Brands Not Companies,” and Udemy on-line Course: “Go Brand Yourself with Dr. John Tantillo: The secrets of branding for personal and professional success!” He is currently working on his second book: “Go Brand Yourself: How To Make Your Brand All About Those You Meet!” A graduate of St. Francis College, Magna Cum Laude, in Psychology; Dr. Tantillo holds a Master Degree in Experimental Psychology from Queens College of the City University of New York and doctorate in Applied Research Psychology from Hofstra University. Protecting Brands in Social Media Today: What to do when “tweets and things" go wrong? Presented By: John Tantillo, Ph.D. Keynote To NYIPLA Trademark Half Day Program Princeton Club, NY July 17, 2014 12 pm 1 “We must act out passion before we can feel it." Jean-Paul Sartre 2 “You can’t fake passion.” Barbara Corcoran 3 4 5 6 7 8 9 10 Take Away Tip # 1: IT’S NOT ABOUT YOU; IT’S ALL ABOUT YOUR CUSTOMER. 11 The “formal” definition of a brand: • Name • Term • Symbol • Special design –Intended to identify the product 12 13 A Brand is Simply More Than A Name 14 A Better Explanation of a brand: The “N.A.V. Concept”: • Noun • Adjective • Verb 15 How do we protect brands within the social media today? and What do we do when “tweets and things go wrong? 16 How do we Protect Brands within the Social Media Today? 1. Thinking Proactively—Hire a Good Intellectual Property Lawyer 17 How do we Protect Brands within the Social Media Today? 2. By Thinking Strategically and remembering the second take away for today: 18 How do we Protect Brands within the Social Media Today? Take Away Tip # 2: People Buy Brands Not Companies 19 20 How do we Protect Brands within the Social Media Today? 3. By Thinking Practically,— thinking before you or your client executes a social media engagement. 21 How do we Protect Brands within the Social Media Today? This may be a special service that one offers clients. The Legal Dos and Don’ts in Social Media 22 How do we Protect Brands within the Social Media Today? Another example of thinking practically is never DIRECTLY tweet from another Social Media site to another. 23 How do we Protect Brands within the Social Media Today? Examples: Derek Jeter CT scan revealed small crack. & JT LinkedIn to Facebook Incident 24 How do we Protect Brands within the Social Media Today? 4. By Thinking Outwardly—About Your Target Market “TM” or Your Customer’s TM which leads me once again to my first take-away: It’s Not About You, It’s All About Your Customers 25 What Can We Learn From 26 How do we Protect Brands within the Social Media Today? 5. Thinking Dynamically—like influences, media, communications professionals and using the NAV model. 27 What to do when tweets and things go wrong? Tweets Gone Wrong: 28 Tweets Gone Wrong: 29 Kenneth Cole, Kenneth Cole Brands, Egypt Crisis: Millions are in uproar in Cairo. Rumor is that they heard our new spring collection online. 30 Gilbert Gottfried, AFLAC Duck Voice, after Japanese Earthquake: I just split up with my girlfriend, but like the Japanese say, there is another floating by any minute now. 31 Entenmann's Bakery on Casey Anthony Trial: Who’s #not guilty about eating all the tasty treats they want. 32 Chrysler Contractor on automaker’s account: I find it ironic that Detroit is known as motor city and yet no one here knows how to (expletive) drive. 33 Microsoft after the death of Amy Winehouse: Remember Amy Winehouse by downloading the ground breaking Back to Black over at Zune. 34 Microsoft’s Again on Bing: How you can #support Japan. For every retweet @Bing will give $1 to Japan quake victims up to 100k. Response from media and public—Microsoft was trying to use tragedy to market its own products. 35 Roger Ebert after death of Jackass star Ryan Dunn in fiery car crash: Friends don’t let jackasses drink & drive. 36 Dr. Phil: If a girl is drunk is it ok to have sex with her. Reply yes or no. 37 Epicurious, after Boston Marathon Tragedy: Boston, our hearts are with you. Here’s a bowl of breakfast energy we could all use to start today. 38 Justine Sacco, PR Professional: Going To Africa. Hope I don’t get aids. Just kidding. I’m white. 39 Adam Richman “Man Finds Food,” used #thinspiration. Got criticism and so he tweeted to my a friend concerning his critics: DILLIGAF?” (Do I Look Like I Give an [Expletive]?”) 40 and then said to another Instagram critic “Grab a razor blade and draw a bath. I doubt anyone will miss you.” 41 But what do you do when tweets and things go wrong? 42 Crisis Management Action Plan a. Respond Quickly b. Be Contrite c. Take Responsibility d. Be Truthful as possible e. Communicate Plan of Action 43 Communicate Plan of Action How do we make tweets & things go right? By Implementing Take Away Tip # 3 44 Take Away Tip # 3 Go Brand Yourself 45 Go Brand Yourself You make your brand benefit rich to those covering your brand (Think benefits that you provide within this situation). 46 You can tell a great deal about someone, not when things are going right but when things are going wrong. 47 Leave Behinds 48 How do we Protect Brands within the Social Media Today? By Thinking: Proactively Strategically Practically Outwardly Dynamically 49 How we make our Tweets and Social Media Things go right? Three Branding Take-a-ways: 1. It’s not about you-it’s all about your customer; 2. People Buy Brands Not Companies; 3. Go Brand Yourself. 50 Thank You A Domani 51 Page 1 of 6 July 9, 2014 2:19 pm Protecting Brands in Social Media Today: What to do when “Tweets and Things” Go Wrong By John Tantillo, Ph.D. 2317 words Draft 7/9/2014 2:19 pm Good afternoon and thank you and Pina for inviting me today to address the New York Intellectual Property Law Association. It’s an honor to be asked to address this august Association and jumped at the opportunity when asked to share thoughts about Brands, what is going on today in the wonderful world of branding and a different take from what you may be accustomed so that you may bring something fresh, and knew when advising your clients within the Intellectual Property arena. First, I love what I do, and there is nothing more motivating than to hear someone speak about what they are passionate about. Jean-Paul Sartre got it right when he said: We must act out passion before we can feel it." Or Barbara Corcoran—You can’t fake passion. And this passion for Brands goes back to college. When I was away at school, I requested that Miracle Whip (the salad dressing mayo substitute) be purchased for the dorm room. My faculty advisor instructed me how bourgeois I was, for wanting a specific brand and why any brand of mayonnaise was just as good, A few weeks later this same Professor went off on how he just he loved Cracker Barrel Sharp Cheddar by Kraft, (the same company who markets Miracle Whip).