This sign caught my eye the other day.

I will be presenting at the INTA Cyberspace conference in Vancouver next week and in connection with that, I would like to conduct an informal survey.

If you use Online Brand Monitoring services such as Cyveillance or Vigilactive, how has your experience been?  Drop me a line at marty at schwimmerlegal dot com.

Research paper: Brand New Deal: The Google IPO and the Branding Effect of Corporate Deal Structures

Victor Fleischer, Professor at UCLA

Abstract:    

Branding is an unappreciated feature of contract design. Corporate finance scholars generally assume that consumers focus on product attributes like price, quality, durability, and resale value. But consumers choose brands, not just product attributes. This Article claims that the legal infrastructure of deals sometimes has a branding effect – that is, an effect on the brand image of the company. Deal structure affects the atmospherics of the brand.

I explore this link between deal structure and brand image by examining the Google IPO from last summer. From a traditional corporate finance perspective, the goal of a properly structured IPO is to overcome the information asymmetry between issuer and investors and to lower the cost of capital. From this perspective, the success of the Google deal is questionable. Few would call the deal elegant or efficient. But this is not really what the Google IPO structure was about, or at least it is not the full story. When Google structured its IPO as an auction, it reinforced its image as an innovative, egalitarian, playful, trustworthy company. Talking about Google’s IPO makes you want to use Google’s products. By that measure, the deal was a success.

I also examine the branding effects of three other deals: the Ben & Jerry’s public offering in 1984, which sold stock only to Vermonters; Steve Jobs’s contract with Apple, which entitles him to cash salary of exactly one dollar; and Stanley Works’ failed attempt to reincorporate in Bermuda to minimize its tax liability.

Finally, I conceptualize the role of branding as it relates to deal structure. Certain legal events in the lifecycle of the company – what I call branding moments – provide opportunities for firms to signal company values. I also three types of companies – cult companies, integrity companies, and social responsibility companies – that are in the strongest position to take advantage of the branding effects of corporate deal structuring

A reader writes:

‘In light of reports that “Seized counterfeit goods given to evacuees” I would enjoy hearing feedback regarding the humanitarian aid benefit versus the enforcement of intellectual property rights and the subsequent destruction of goods to prevent their use in commerce; particularly in the U.S. Moreover, what about the fact that toys and dog food are among the counterfeit items being distributed. Aren’t there inherent dangers from a lack of quality control?’

If any of our readers are aware of similar instances when Customs has distributed seized goods for consumption, and are familiar with what steps Customs takes to ensure safety, please email us and we’ll post.

Bitter Greens Journal is a blog that describes itself as a ‘running critique on industrial agriculture . . .’ 

ROUNDUP READY is a brand of genetically engineered products sold by Monsanto that can tolerate its ROUNDUP herbicide. 

The blog chose the name ROUNDUP, READY, for a series of posts, stating that the name was chosen ‘in honor’ of Monsanto’s products.  The blog can generally said to be critical of Monsanto and its products.

Monsanto has protested the usage of ‘Roundup,  ready,’ as a post heading, indicating in part that:

1) You are using our trademark without our consent. This use of the term could cause your readers to think that your journal is in some way sponsored by Monsanto or that Monsanto supports the positions set out in your journal.

2) You are using our trademark in an incorrect manner (with a comma and in a way that genericizes the mark). This weakens our trademark rights.

Bitter Greens Journal’s response here.

Via OverLawyered (with comments).

We need legal assistants for full or part time work.  We are located in Mt. Kisco in central Westchester, accessible by car and Metro North.  Intellectual property experience preferred.  Third year law students encouraged to apply.  Please email your resume to marty at schwimmerlegal dot com.

Daily Telegraph of Australia: Music Industry will seek $1 billion from Kazaa after judgement.

Archie Comics Publications, owning rights to Veronica Lodge, keyboardist for The Archies, has sued Australian band, The Veronicas.