Protecting the Women’s March Brand
Branding a social movement is tricky. Many individuals following (and leading) social movements tend to view IP rights as antithetical to the spirit of the movement itself. Moreover, success in the PTO for these types of marks is by no means guaranteed. The purpose of a trademark being to identify a source for goods or services, efforts to register the names of social movements are often met with refusals for failure to function as a trademark.
Organizers of the Women’s March held in Washington, D.C. last year are facing opposition in their attempt to register the brand name. Shortly after the march itself, Women’s March, Inc. filed to register WOMEN’S MARCH as a trademark. The proposed mark is for use with certain clothing items and for promotion and lobbying services related to women’s rights, LGBTQ rights, and racial equality. The application faced two Office Actions, including one refusal for failure to function as a trademark. Women’s March, Inc. overcame the refusals, and the mark published for opposition in March 2018.
Several parties have now expressed an interest in challenging the mark. Organizers of fourteen so-called “sister marches” across the country filed an extension seeking additional time to oppose the mark. Women’s March Los Angeles also filed a letter of protest challenging the mark as generic. The protest letter included evidence pointing to genericness of the phrase, such as Wikipedia articles discussing the 1789 “Women’s March on Versailles” and the 1956 “Women’s March” in South Africa.
The groups opposing the WOMEN’S MARCH mark cite fears that Women’s March, Inc. will use the trademark to charge licensing fees and severely restrict usage of the mark by smaller march organizers. Women’s March, Inc., however, maintains that filing the mark is a “matter of course.” Bob Bland, co-president of Women’s March, Inc. stated: “We have to be able to control it or else anyone could use it. We need to be able to protect the brand, which represents the Unity Principles and is rooted in Kingian Nonviolence.”
While a registered trademark can help a movement shape and protect its identity, movement organizers seeking to protect their brands should consider the potential backlash in both obtaining and enforcing IP rights. Attempts to protect the brand may appear exploitative and cause divisions within the movement.
Interestingly, I did not find any trademark applications or registrations for the Women’s March three faces logo, which appears prominently in the company’s branding. Organizers might have more success (and face less backlash) seeking protection for the logo than for the standard character mark alone.
via DuetsBlog http://bit.ly/2yiJYLA
May 18, 2018 at 09:04AM
It’s pretty cool!
Lyor says he’s on the side of the artists, if one streaming service wins it will be able to crimp compensation to rightsholders, he says that’s why he took the job at Google. And we can debate Lyor’s motivation all day long, but the end product…
Is gonna attract users.
It’s personalized. That’s what differs it from its competitors. No one is gonna see the same homepage. Furthermore, you get a different homepage depending upon your location!
Let’s say you listen to instrumental music at work, IT KNOWS THAT! And will suggest music to play accordingly. Ditto if you’re at home, or exiting a museum, it tracks the location and squares it against your history and creates a homepage on the fly.
And they’ve got a lot of history. That’s right, they’re incorporating all your viewing on YouTube to build your favorites. And if for some reason you’ve been living under a rock and have never been on the default video service, you can choose different acts to inform YouTube so your homepage can be populated before it learns.
And there’s a row of new releases based on your preferences. This happens to me all the time, I find a new release a YEAR after it came out. That’s the hardest thing to do in today’s marketplace, spread the word, especially to people who want to know. But if the YouTube app learns you’re a fan of an act or genre, it will put their new releases right on the homepage. Do you know Neil Young has a new release of his “Tonight’s The Night” show from the Roxy? I didn’t, until I read an article. I was listening to Supertramp and wanted to know if they were still touring so I went to the band’s homepage and found out Gabe Dixon was playing keyboards for the band. I LOVE Gabe Dixon, but I did not know he released a live album from Boston that I’ve got to write about, I’ve listened to it for days straight. Any service that puts this stuff up close and personal is attractive. Of course, the proof is in the pudding. Spotify does something similar, but I find its New Release Radar has too many remastered tracks, I already know them, I don’t care, I want NEW STUFF!
Speaking of which, for now YouTube Music does not feature Spotify’s killer app, i.e. Discover Weekly. They say they’re gonna put that in… And unlike Amazon, and now Spotify, voice control is not built into the app, then again, if you’re on Android, you can say “Hey Google!” and achieve the same result. And if you’ve got Google Home… You can call out and get playlists on the fly. Like I had Lyor ask his phone to play “Depressing Songs From 1987” and it immediately played U2’s “With or Without You,” this is Amazon Music’s killer feature, it creates personalized playlists on the fly, via algorithm. YouTube’s are not personalized.
But YouTube’s killer app is…YOUTUBE!
Happens to me all the time, I get deep into an act on Spotify and I want to hear live shows, see fan videos, I click over to YouTube, but now that’s BUILT IN! All the authorized and fan videos, and they pay at the subscriber rate, not the ad-supported rate.
As for trials… They’re just not sure yet. Right now they’re gonna have a thirty day trial, could go to ninety days, they’ve got carrier partners…it’s flexible.
Not that you can get much data out of them, that’s what’s great about Spotify, it gives you plays, it gives you so much data, whereas Apple and Google hold their info close to the vest.
So, playlists are created based on your listening habits, with as many as 500 songs, and they learn along the way, if you skip the track will not show up next time.
Once again, these are not generic playlists. Yours might have the same name as a buddy’s, but it will be slightly different, all based on your listening habits. But you can go deeper into the app and find the hand-curated playlists.
Also, there’s a feature where they list what’s hot. So, if Childish Gambino puts out a video the night before, you’ll be alerted right on your homepage, think of it as a news service for music.
But you won’t know until you try it.
The app is gonna have a soft launch on Tuesday, and then spread slowly thereafter. There will be promotion/advertising, and the first question you have, which is the same one I have, is…IS GOOGLE TOO LATE?
Timing is everything in tech, there’s a huge first-mover advantage.
And behemoths can be undercut and toppled. Hell, think of all of Google’s failed products, Glass, whatever their social network was called…
But, first mover advantage only works if you continue to improve and stay better than the competition. From what I can see, YouTube Music is a step ahead of the competition, it’s very fan-friendly, even downloads/synch are emphasized in a way that nitwits can figure it out.
And there’s those YouTube videos…
So it’ll be ten bucks a month, and if you want the YouTube Red stuff, you’ll pay a few bucks more for Premium, Red goes away, you can’t buy Red without Music.
And what we find here is all of Google’s machine learning and experience has been baked into this app. It’s the personalization that wows, the location services, you want to try it out.
Is there enough room for all services to survive?
I’m not sure, it’s a race for subscribers, and so far, most people don’t have subscriptions.
And if you’d asked me yesterday, I’d have said YouTube has no chance.
It’s quite possible!
via Lefsetz Letter http://bit.ly/1UlTzoa
May 18, 2018 at 08:20AM
Thank You Mr. Walsh
One of the best friends I’ve ever had lost his father this month.
Death proved itself a slingshot, pulling me back through the decades to think about the few times I met his father and then catapulting me forward to question what I’m doing today.
Jay and I met at Emerson College. I was climbing the stairs in front of him and tripped. He laughed at me. For a split second I thought he was an asshole—and then realized that I would have laughed at me, too. The friendship started there. Lots of talking and philosophizing and listening to Dave Matthews during the school year and then summers full of letter writing. I still have his letters. He’s that kind of friend. A deep soul. Honest. Kind. Smart. Funny. Creative. One of my biggest regrets is that I failed as a friend on numerous occasions and then after college did a crap job of keeping in touch.
Then his father died and I realized how many decades had passed.
I met Jay’s father, Bob, on Cape Cod, where he and the rest of the family lived. Getting there from Boston was just a cheap Peter Pan bus ride away, so I jumped at the chance the times I was invited out there.
When I met Bob, I couldn’t stop smiling. He’s the guy who dressed up as Santa Claus at Christmas and could swing it without having to add a fake beard or redden his cheeks. He just had that natural happiness going for him. Endearing is the word that comes to mind as I type this.
The thing I remember most about him is that he lived out loud. He was a part of the world, not hiding from it. He loved his family and friends. He loved music. He loved to laugh. He was was there. He gave as good as he got.
The first time I met him, he and his wife were spending the weekend on the beach in their camper and Jay and I came along for the ride. Bonfires and laughter followed. At the time, I remember thinking, Life can’t get any better than this. This is what it’s all about.
And then I graduated and started working and got married and worked more and had kids and worked even more — and in the quest to do it all I lost a bit of myself. I lost that girl on the beach who could be made happy by little more than salt air and laughter.
I admire Bob even more now because I know that being happy and having friends and a close family isn’t something that comes easy, especially when you have a job and other responsibilities — yet it was evident how much he was loved and how much he loved those around him.
We talk about doing the work all the time on this site, in terms of writing books, opening businesses, being an entrepreneur, but there’s a piece that’s missing.
Doing the work involves connecting, loving, laughing, too. It involves living out loud. If you don’t know these things, how can you write about them or paint them or sing a song about them? Our greatest inspiration surrounds us.
I had a brief glimpse of Bob tapping into that world and saw the joy it brought him.
That girl on the beach is working on making a comeback. She has Bob as her North Star. What’s important isn’t the number of followers or fans. It’s what and who and how you create and love and live. It’s about living out loud.
via Steven Pressfield http://bit.ly/2tnq68e
May 18, 2018 at 03:36AM