Trademarks & Brands Online is published by: Newton Media Limited Kingfisher House, 21-23 Elmfield Road Bromley, Greater London BR11LT, United Kingdom


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Managing editor Martin Essex


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Ed Conlon Sub-editor


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ISSN 2049-2359 (Print) Cover image: shutterstock.com


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EDITOR’S NOTE A new era


Welcome to Trademarks & Brands Online, the new name for Trademarks Brands and the Internet. We feel the new title is snappier and describes the content better. We hope you like it.


In this issue, we cover an unusual approach to trademark enforcement. When Jack Daniel’s asked Patrick Wensink to redesign the cover of his novel, Broken Piano for President, it claimed to be “flattered” by his affection for its brand. In a politely worded letter, the whiskey maker seemed almost embarrassed to enforce its trademark, and even offered money towards the cost of the redesign.


However, not all brands are as forgiving as Jack Daniel’s, and some attract the tag ‘trademark bully’. As we find out, even when brands enforce their rights legitimately, the Internet and social media can quickly whip up a frenzy, igniting public fury. No company wants to be labelled a bully, and we discuss how best to steer clear of such name-calling.


In the age of social media, Vine is one of the latest hits keeping us glued to our smartphones. Users can upload a looping six-second video of their choice, from football goals to home-made dance moves. For rights owners, what’s the worst that can happen in six seconds? Tis is one of several questions we seek to answer as part of a wide-ranging look at Vine, copyright and privacy.


Elsewhere, we assess how streaming services and rights owners are coping as increasing numbers of consumers choose not to buy or download their music. Despite complaints that artists aren’t getting their fair share of revenues, streaming services aren’t rolling in cash either. As we report, the system for paying royalties needs restructuring.


Finally, we preview a new gTLD conference, speak to a group representing creators, and we have plenty of news and industry analysis, as well as our regular Snapshot feature.


Ed Conlon, editor EDITORIAL PANEL


Ben Allgrove, partner, Baker & McKenzie LLP Safir Anand, partner, Anand & Anand Edward Chatterton, partner, DLA Piper Elisa Cooper, senior director of product marketing, MarkMonitor Stuart Fuller, director of communications, NetNames David Green, head of global digital marketing, KPMG Marie-Emmanuelle Haas, head of the Internet committee, ECTA Brett Heavner, partner, Finnegan, Henderson, Farabow, Garrett & Dunner LLP Susan Kayser, partner, Jones Day Roland LaPlante, chief marketing officer, Afilias Igor Motsnyi, partner, Motsnyi Legal Services Gretchen Olive, director of policy & industry affairs, CSC Digital Brand Services John Olsen, partner, Edwards Wildman Palmer LLP Flip Petillion, partner, Crowell & Moring LLP Adam Rendle, associate, Taylor Wessing LLP Kristina Rosette, of counsel, Covington & Burling LLP Bob Samuelson, vice president of sales and marketing, Donuts Inc David Taylor, partner, Hogan Lovells International LLP Stéphane Van Gelder, managing director, Milathan David Weslow, partner, Wiley Rein LLP Catherine Wolfe, partner, Boult Wade Tennant Nick Wood, managing director, Valideus


Trademarks & Brands Online Volume 3, Issue 1 3


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