Wednesday, February 3, 2010

Basis Of Action For Trademark Infringement

By Sandra Arcilla

Trademarks are a kind of IPR that offer safety to certain terms or logos used by a company. They provide the trademark holders with the authority to bring legal proceedings against the violators or imitators of their mark and at the same time avert the customers from being influenced by counterfeit products available in the market.

The two major causes of legal action brought under the trademarks framework are dilution of the trademark of a renowned firm and likelihood of confusion for the customers.

A trademark can get diluted by the unlawful actions of unscrupulous individuals or firms, which can tarnish the reputation of the company by harming the image of the trademarked product with respect to a particular feature or in a general way. For example, if a trademark used by a company that manufactures food products is used by another company for selling pesticides, the consumers might think that the former has entered into a trade that compromises the standards of its products.

The violation based on likelihood of misunderstanding arises when two trademarks are identical or so strikingly similar that the customers can't differentiate between them. The misunderstanding could be related to the source of the product, its sponsors, or to any other factor related to it. The underlying assumption behind this confusion is that an average customer would not be able to recollect the exact details of an item. In such a case, a violation of trademark would have significant potential to cause commercial harm to the company that holds the genuine trademark.

However, this is not an exhaustive list of the types of trademark violation that can occur. The owner of the trademark can also bring an action for pass off, which means that some other company is trying to market its products claiming to be coming from him. In the same way, action can also be taken for unhealthy competition and other such claims.

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Using AdWords Advertising

By Justin Harrison

An AdWords advertising campaign is built around short but carefully worded advertisements. Although limited in size these advertisements can be very successful in attracting the attention of users who will then click on the advert and be taken to your website.

Two methods for this advertising practice exist related to the positioning of advertisements. Once you've set up your AdWords campaign, you will be presented with the option of either placing your ads on the search or the content network (in this case, AdSense), or on both.

Search network advertisements are assigned many keywords that would match the text of the advertisement and that is an excellent method for getting searches to locate your product or service.

Within the content network, as opposed to the other, your ad will be surrounded by an article or other content which is related. So in this scenario, your ad is viewed by readers who are maybe not thinking about purchasing at the moment, so, they are only browsing and not searching.

The effectiveness and performance of search advertisements far exceed that of contextual advertisements. In order to drive more traffic to your website, though, you could target both networks (in effect 'broadening your net') by selecting the search network check box for one and the content network check box for the other.

Contextual adverts have their advantages despite the fact that they may not give as many advantages as a search based advert. Your cost per hit is a lot lower and you'll have a little more flexibility in where your adverts land.

If you have an AdWords search advert created but yet want to try the content network you could consider starting up a different advertisement series pointed at the content market. Content networks have a more passive audience so simply just copying over your search network campaign will not suffice, you'll need to complete retool it to make it work.

In the final analysis a well run search network campaign is usually the most effective way to generate business but with a little ingenuity and well written copy there is no reason why this could not be supported by a parallel campaign on the content network.

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Importance Of Industrial Design

By Sophia Davidson

In this time of stiff competition in the commercial world, the relevance of industrial design has increased manifold over the past few years. With more and more firms trying to attract customers' attention, it becomes very important to concentrate on improvements in the product to be able to succeed in the market.

Presence of too many brands in the market has given a lot of empowerment to the customers and it has become quite difficult to satisfy these buyers. Hence, a company will be left behind the competition if he does not offer buyers the newest and the best in terms of products. This has made industrial design even more crucial for the success of a firm in today' markets.

Industrial design helps a firm cater to all requirements of customers, in terms of utility or appearance. This in turn places it in a better position when compared to other companies functioning in the market. It is also important as any novel idea, which attracts a lot of customers will also provide the firm with lasting reputation. In the past, several firms have come up with products that have attained a cult status and have been able to exert a huge cultural impact on an entire generation of consumers.

A firm that focuses on industrial design manufactures products that are of high quality. Such products are created after comprehensive research and hence provide for greater customer satisfaction on touchstones of durability, utility and appearance. Industrial design can also reduce the cost of production of a firm significantly, as designers can suggest radical changes in the product that use more resource friendly manufacturing techniques.

A company that is popular for launching new products or significantly improved versions of existing products is also likely to find it less difficult to work on an international stage in collaboration with multinationals. Moreover, it can use its reputation to seek the brightest people from the job market as everyone wants to work for a firm that signifies change and innovation.

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Good Corporate Entertainers Come Equipped With A Full Bag Of Tricks

By Stephen Daniels

Motivational speakers can add a lot of enjoyment as well as efficacy to communication during any company event -- from conferences to product introductions to employee orientations. The best corporate entertainers breathe life into what might otherwise be just another mundane presentation, and add that extra punch needed to get creative juices flowing. These talented individuals use many of their own tools and tricks of the trade to tap into their audience's minds and connect with them on a level most people cannot. Here are some of the ways that they do it.

Great entertainers nearly always research the industry or company that they will be entertaining carefully prior to the event. They often look at successes and failures in that field, and try to gain an understanding of how they came about. In the process, they often pick up pertinent anecdotes. They make a point of knowing some of the common industry jargon. To get a good handle on the corporate culture, they'll often talk with key people in the company. Then, when it's time to do the presentation, they already know their audience well. They are able to quickly establish a connection because they will be viewed as an insider. The audience will relish the inside jokes that a well-researched entertainer can share with them.

Good corporate entertainers make a point of actively involving the audience in their performances. Many of them call on volunteers to help them demonstrate important points. Others may request that audiences give verbal or physical responses during various sections of the show. One excellent method of garnering an audience's attention is to convince some of the corporate bigwigs to be involved in the show (this is arranged ahead of time, of course). Employees relish seeing the top dogs in their business having fun and getting into the presentation.

Many speakers will use props to illustrate their points. In the case of a corporate entertainer that uses a stand-up comedy format, the "props" might be no more than a microphone, miming, good puns and anecdotes. In other presentations, motivational speakers might use videos, slides, visual presentations, music, lighting, or even special effects like pyrotechnics or fog. Props can add impact to the message of the public speaker in a way that engages and excites the audience.

The right kinds of humor are incredibly important in any presentation. Humor helps to unite the performer and the audience, and laughter creates positive energy in everyone. Great entertainers often grasp the very essence of a corporation and communicate it along with the event's central message through lively, interactive banter woven seamlessly into the presentation.

Frequently booked to help motivate sales teams, corporate entertainers typically have strong backgrounds in sales and communication. They are much more than flashy presenters -- they are also able to offer great encouragement, ideas, and advice to help salespeople stay motivated, keep making those cold calls, and get through rejection to find buyers and reach their goals.

Corporate entertainers have great tools at their disposal for connecting with even the toughest crowds. Watching them put all the elements together into one great presentation is a wonderful way to give your event, corporation, convention, conference or special event the energy that it needs to be truly exceptional!

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