Balancing Business and Law Blog

Startup Junkie

August 30, 2006

I was recently introduced to Melody Biringer and Maggie Winkel, two fantastic entreprenesses who recently launched the company Startup Junkie. They offer programs that provide a fun, energetic forum for women business owners to learn about key business topics and provide more experienced business owners "a shot in the arm" to re-energize. The full day program is entitled "Business Basix" with seminars such as Legal Therapy, To Employ or Not to Employ? and Finance Lite. The group offers group programs entitled Stilleto Camps, and interactive workshops entitled Get the Party Started, and one-on-one business counseling entitled Manifesto Destiny and Branding Brillance. I love the creativity and excitement this program brings to women entrepreneurs (or "entreprenesses") -- hence my need to list the great names for their programs here!

Advertising - Up in the Air

August 24, 2006

Have you seen a flying ad recently? Most people have not. Since September 11, pilots have been banned from flying over most major U.S. sporting events where you would typically have seen such ads. Local companies that do aerial advertising say that the novelty of aerial ads these days make them dramatically more effective. In a Seattle Times article last week, the director of operations of Eastside Harley-Davidson said he received much more feedback from the aerial ad than the radio ad he ran. Wayne Adair, owner of Ads Aloft, says that sporting events underutilized the potential of these ads and that he could easily hit 200,000 commuters in an hour if he hit the traffic during rush hour. Pricing for aerial ads runs $375 - $450 per hour. May be a great way for a small business to get noticed!

Patent example -- not so clear cut

August 16, 2006

A few weeks ago, I provided a great example of a trademark dispute. Today, I'm going to provide a great but not so clear cut example of patents. The Wall Street Journal reported in June that chefs are trying to protect some innovative concepts they develop as part of their menus. A chef in Australia had three dishes on his menu that were very unique that he picked up while working or dining in restaurants in the U.S. The menu items were "foie-gras cotton candy", "lobster served with a lobster broth injection" and "melon tenderloin." Not your run-of-the-mill menu items. Of course, these recipes are not patented -- but can they be? The recipe itself cannot be protected by patent but a unique concept or idea behind the recipe may be patentable. The challenges faced in trying to patent these ideas is whether the U.S. Patent Office find that idea merits protection under the rules of patent protection and the extremely high cost in pursuing a patent. Many chefs and restauranteurs cannot afford to go this route for protection. Instead, some are resorting to a non-disclosure agreement for all employees of the kitchen and restaurant.

Give Your Elevator Pitch a Lift!

August 09, 2006

If you are always fumbling about what to say when asked, "What do you do?" or "What business are you in?", I have the book for you. Lorraine Howell of Media Skills Training has written a book entitled "Give Your Elevator Speech a Lift!" Lorraine focuses on helping business owners with their presentation and media skills and is an invaluable resource for pitching your business to investors and clients alike. Click here to learn more about Media Skills Training and Lorraine's new book.

Perfect Example: Trademark Dispute

August 02, 2006

Seattle Times printed an article about a trademark dispute between locally owned Happy Guests International, the parent company for Salty's Seafood Grills and California-based poultry producer Foster Farms. Salty's owns the trademark "Simply Fresh" both in Washington and federally through the United States Patent and Trademark Office for restaurant services and for seasonings, salts and spices. Foster Farms negotiated with Salty's to use the name in connection with their new line of microwavable dinners but the parties were unable to come to an agreement. Foster Farms has gone ahead with the use of the "Simply Fresh" mark on its products. Salty's has filed a lawsuit for trademark infringement. One key question to determine whether Foster Farms is infringing turns on whether the customer would be confused between the "Simply Fresh" mark Foster Farms is using and the "Simply Fresh" mark Salty's uses. Read the Seattle Times article here.

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