Another court has decided use of trademarked terms in metatags and keyword advertising does not constitute trademark infringement, but the issue is far from settled and only gets more complicated as more courts hear arguments from both sides.
In this case, Designer Skin sued S&L Vitamins for reselling Designer Skin products online. S&L was not an approved retail channel, and was selling the self-tanning product at lower prices. Also, the company dropped the Designer Skin name into the metatags of its site to help with organic search rankings (a practice with debatable efficacy), and bid on Designer Skin keywords in order to drive traffic to the site.
Most often in keyword trademark infringement cases, the issue centers on whether competitors – in this instance, another maker of self-tanning lotion – have the right to use keywords in metatags or bid on trademarks. Courts have come down on both sides.
In this case, heard in Arizona, it is not a question of competition, but of sales channel control. At issue is a concept of "initial interest confusion," meaning when searchers see an ad or listing for Designer Skin, they could mistake S&L, a seller, as the maker of the product. The judge didn't think any consumer with a half a brain would make that mistake:
In contrast to the deceptive conduct that forms the basis of a finding of initial interest confusion, S & L Vitamins uses Designer Skin’s marks to truthfully inform internet searchers where they can find Designer Skin’s products. Rather than deceive customers into visiting their websites, this use truthfully informs customers of the contents of those sites. Indeed, in practical effect S & L Vitamins invites Designer Skin’s customers to purchase Designer Skin’s products. The fact that these customers will have the opportunity to purchase competing products when they arrive at S & L Vitamins’ sites is irrelevant. The customers searching for Designer Skin’s products find exactly what they are looking for when they arrive at these sites. S & L Vitamins is not deceiving consumers in any way.
The outcome of this case will be used as a precedent when deciding others and will bolster the argument that use of keywords in metatags and bidding on trademarked terms for search purposes is a legitimate practice. Fairly often, plaintiffs are more concerned about control of channels and control of competition than they are about trademark infringement.
Eric Goldman, author of Technology and Law Blog, goes into much deeper detail in his posting, and concurs that Designer Skin's suit was asking too much of the legal system. "[C]ourts are realizing that they are being asked to facilitate anti-competitive practices, and wisely they are balking," he writes.
Monday, June 9, 2008
Friday, June 6, 2008
10 Ways to Make Your Flyers More Effective
What fits on one sheet and costs pennies to make?
You see them all the time. Flyers are hugely effective, because you can make so many and distribute them all over the marketplace without having to spend a fortune. But just so your flyers don't get lost in the shuffle, here are 10 techniques that professional designers use to make flyers "fly":
1. It's all about the headline.
What's in a headline? It's the first thing your prospects will see, and this will decide if they keep reading or not. So pick something that will stand out, stick in their mind, and make them want more! Here's a few magic words to start with: Easy, The Secrets To, Unlock, Finally, Insider, Time Sensitive, How To, Free Bonuses, Now You Can, Discover, Proven. Just sprinkle these on your next headline and see how many heads you turn.
2. The eyes have it.
Colorful, striking graphics always make their point. And one large image will pack more punch than several smaller images. A good graphic creates the mood and sets the scene for your message. Getting the perfect "focal point" is easier than ever now with stock photos you can buy on the internet. Get one or a hundred for whatever you might need.
3. What's in it for me?
That's what your prospects want to know. Stay away from words like: we, us, I, and our. Take their perspective with words like "you" and "your". They'll like it when you focus on how your product or service will benefit them. Show them with words like: free, save, love, new, results, and guarantee. Make the benefits easy for them to pick out with bullet points and text boxes.
4. Go tell it on the mountain.
A ringing endorsement speaks volumes. When people read how you have positively affected another customer, they are more likely to give you a try. Make sure you get a first and last name, company name, and location. Then add that stamp of approval to your flyer.
5. Less is more.
You don't need to fill every space on your flyer. Break it up with text boxes, add borders to your key points, and use contrasting colors to add emphasis. It will make the best parts stand out and be easier to read.
6. STAY AWAY FROM ALL CAPS.
They're hard to read! Instead, use bold type for your titles and subtitles.
7. Keep it simple.
Your page layout, that is. Your graphics program should have a "snap to guidelines" function so that you can easily align items to the grid. And watch those print margins - stick to ½" margins on all sides, or add 1/8" for bleeds on items that print off the edge of the page.
8. Proofread, proofread, and proofread.
Oh, and did I mention to proofread? Have someone else do it for you - a pair of fresh eyes might uncover something that yours have grown used to. And did you check that contact information? Dial all the numbers, and type in web addresses to make sure they're correct.
9. On a tight budget? Try this.
Use brightly colored or unique paper and black ink. Use shades of gray for tone and contrast to background areas.
10. Who doesn't like a deal?
Design a coupon on the bottom quarter of your flyer. Put a special offer on it - and don't forget to include any deadlines or limitations. For mail in offers, make it easy for them to pay you with areas for credit card information, mailing address, etc.
Try these techniques on you next flyer. I predict FANTASTIC results!
You see them all the time. Flyers are hugely effective, because you can make so many and distribute them all over the marketplace without having to spend a fortune. But just so your flyers don't get lost in the shuffle, here are 10 techniques that professional designers use to make flyers "fly":
1. It's all about the headline.
What's in a headline? It's the first thing your prospects will see, and this will decide if they keep reading or not. So pick something that will stand out, stick in their mind, and make them want more! Here's a few magic words to start with: Easy, The Secrets To, Unlock, Finally, Insider, Time Sensitive, How To, Free Bonuses, Now You Can, Discover, Proven. Just sprinkle these on your next headline and see how many heads you turn.
2. The eyes have it.
Colorful, striking graphics always make their point. And one large image will pack more punch than several smaller images. A good graphic creates the mood and sets the scene for your message. Getting the perfect "focal point" is easier than ever now with stock photos you can buy on the internet. Get one or a hundred for whatever you might need.
3. What's in it for me?
That's what your prospects want to know. Stay away from words like: we, us, I, and our. Take their perspective with words like "you" and "your". They'll like it when you focus on how your product or service will benefit them. Show them with words like: free, save, love, new, results, and guarantee. Make the benefits easy for them to pick out with bullet points and text boxes.
4. Go tell it on the mountain.
A ringing endorsement speaks volumes. When people read how you have positively affected another customer, they are more likely to give you a try. Make sure you get a first and last name, company name, and location. Then add that stamp of approval to your flyer.
5. Less is more.
You don't need to fill every space on your flyer. Break it up with text boxes, add borders to your key points, and use contrasting colors to add emphasis. It will make the best parts stand out and be easier to read.
6. STAY AWAY FROM ALL CAPS.
They're hard to read! Instead, use bold type for your titles and subtitles.
7. Keep it simple.
Your page layout, that is. Your graphics program should have a "snap to guidelines" function so that you can easily align items to the grid. And watch those print margins - stick to ½" margins on all sides, or add 1/8" for bleeds on items that print off the edge of the page.
8. Proofread, proofread, and proofread.
Oh, and did I mention to proofread? Have someone else do it for you - a pair of fresh eyes might uncover something that yours have grown used to. And did you check that contact information? Dial all the numbers, and type in web addresses to make sure they're correct.
9. On a tight budget? Try this.
Use brightly colored or unique paper and black ink. Use shades of gray for tone and contrast to background areas.
10. Who doesn't like a deal?
Design a coupon on the bottom quarter of your flyer. Put a special offer on it - and don't forget to include any deadlines or limitations. For mail in offers, make it easy for them to pay you with areas for credit card information, mailing address, etc.
Try these techniques on you next flyer. I predict FANTASTIC results!
Wednesday, June 4, 2008
Create Some Buzz
One of the goals in business is to get people to talk often, favorably and in the right way about your products. Below are three ways you can spur the buzz about your business - best off all two of them are free!
Develop a high quality product.
The first step to generating buzz about your business is to produce or sell a meaningful and quality product. It must possess a quality that is worth talking about. Your product may be something that improves the quality of life, innovative, and connects or elicits passion among its customers. People will not hesitate to pass on or recommend to others a product that they think offers something valuable.
Ask for it.
Don't hesitate to request your customers and prospects to recommend you to any other person or organizations they think might benefit from your products or services. A happy customer will be more than willing to talk about you to their circle of family and acquaintances. Request them to give you a list of friends or family members that you can contact or include in your mailing list. Also ask people to pass the word about important company news and product developments.
Set up a formal referral system.
Referrals can allow you to bring in quality new customers at a fraction of the cost of advertising. The key is to start with a quality product or service that other people can feel confident about referring your business to their friends, family members or others. Then give them incentives to spread the word about your business.
One effective way to solicit referrals is to approach businesses that offer complimentary (but not competing) products or services, then requesting them to refer clients to you. For a business selling baby books and videos, a good referral partner would be a business selling baby clothes or furniture. Same market, but different products fulfilling different needs. For every client referred to you, you will pay them the agreed referral fee.
Develop a high quality product.
The first step to generating buzz about your business is to produce or sell a meaningful and quality product. It must possess a quality that is worth talking about. Your product may be something that improves the quality of life, innovative, and connects or elicits passion among its customers. People will not hesitate to pass on or recommend to others a product that they think offers something valuable.
Ask for it.
Don't hesitate to request your customers and prospects to recommend you to any other person or organizations they think might benefit from your products or services. A happy customer will be more than willing to talk about you to their circle of family and acquaintances. Request them to give you a list of friends or family members that you can contact or include in your mailing list. Also ask people to pass the word about important company news and product developments.
Set up a formal referral system.
Referrals can allow you to bring in quality new customers at a fraction of the cost of advertising. The key is to start with a quality product or service that other people can feel confident about referring your business to their friends, family members or others. Then give them incentives to spread the word about your business.
One effective way to solicit referrals is to approach businesses that offer complimentary (but not competing) products or services, then requesting them to refer clients to you. For a business selling baby books and videos, a good referral partner would be a business selling baby clothes or furniture. Same market, but different products fulfilling different needs. For every client referred to you, you will pay them the agreed referral fee.
Tuesday, June 3, 2008
Printer Spooler Errors
If the Print Spooler service fails when printing, when Windows starts or it can not be restarted, the usual reason is that one or more printer drivers is defective. If the Print Spooler service is not running, the Printers and Faxes folder will be empty and you can not use it to remove (or add) printers or printer drivers.
Check in Control Panel, Add/Remove Programs; if there is an entry relating to one of the printers, select it, then click Change/Remove. Follow the dialog and "uninstall all" or "remove all" as appropriate. Some "printer software" have programs that show up here and it will be a good idea to remove those before going any further. If the Print Spooler service is not operational, or you want to make certain there are no printer driver remnants use cleanspl.exe from the Windows 2000, XP or 2003 Resource Kit. Download it from the link below.
http://www.microsoft.com/downloads/details.aspx?displaylang=en&familyid=9d467a69-57ff-4ae7-96ee-b18c4790cffd
Cleanspl.exe from the Windows 2003 Resource Kit tools will work on Windows Vista. Cleanspl.exe does a very thorough job of cleaning up the print spooler stuff, but it does not remove the spooler service dependency on the Lexmark service (see special information about Lexmark printer drivers). When you run it, it asks you if you want to remove some things that are actually delivered (and installed by default) with Windows. In most cases, you should answer No to the corresponding prompts (you don't want to remove the Standard TCP/IP Port or the BJ Language Monitor).
Lexmark Special Instructions: The Lexmark printer installation process sometimes installs a service that makes the print spooler service dependent on itself. If there is a problem with Lexmark service or a Lexmark printer driver (or you removed it using the steps above), the print spooler service may not start. Open a Command Prompt window - (Start - Run - cmd)key the command sc config spooler depend= RPCSS(note the space after the = but not before)Reboot the PC
http://www.tangerineofficesystems.com
http://www.d-ros.com
Check in Control Panel, Add/Remove Programs; if there is an entry relating to one of the printers, select it, then click Change/Remove. Follow the dialog and "uninstall all" or "remove all" as appropriate. Some "printer software" have programs that show up here and it will be a good idea to remove those before going any further. If the Print Spooler service is not operational, or you want to make certain there are no printer driver remnants use cleanspl.exe from the Windows 2000, XP or 2003 Resource Kit. Download it from the link below.
http://www.microsoft.com/downloads/details.aspx?displaylang=en&familyid=9d467a69-57ff-4ae7-96ee-b18c4790cffd
Cleanspl.exe from the Windows 2003 Resource Kit tools will work on Windows Vista. Cleanspl.exe does a very thorough job of cleaning up the print spooler stuff, but it does not remove the spooler service dependency on the Lexmark service (see special information about Lexmark printer drivers). When you run it, it asks you if you want to remove some things that are actually delivered (and installed by default) with Windows. In most cases, you should answer No to the corresponding prompts (you don't want to remove the Standard TCP/IP Port or the BJ Language Monitor).
Lexmark Special Instructions: The Lexmark printer installation process sometimes installs a service that makes the print spooler service dependent on itself. If there is a problem with Lexmark service or a Lexmark printer driver (or you removed it using the steps above), the print spooler service may not start. Open a Command Prompt window - (Start - Run - cmd)key the command sc config spooler depend= RPCSS(note the space after the = but not before)Reboot the PC
http://www.tangerineofficesystems.com
http://www.d-ros.com
Monday, June 2, 2008
How to Annoy People at Work - Monday's Suck :)
Monday's Suck. You can have some fun though. Maybe you could drive everyone crazy. Maybe you hate your job, or maybe you're just clueless. Either way, here are some quick and easy tips to help you become the most annoying employee around -- without getting yourself fired.
1 - Assume that you're smarter than everyone around you. In fact, assume that you're smarter than everyone in the company, and possibly everyone in the world. Never question your own brilliance, even momentarily.
2 - Have no respect for others' areas of expertise. For example, if you work in the design department, take every opportunity to tell the IT people or the secretarial staff how to do their jobs.
3 - Cultivate a condescending tone of voice. This is crucial. If you sound too pleasant, people might assume you mean well and actually like you. Speak slowly and loudly, and pronounce your words carefully, especially the big ones. Act as though you're teaching a 3-year-old how to tie her shoes.
4 - Pick something you know is important to a coworker, and make frequent, unfunny jokes about it. For example, if you work with a woman who adores her cat, joke about the cat being a terrible creature who will one day kill her in her sleep. Pretend not to notice that no one ever laughs.
5 - Offer extremely obvious and unsolicited advice. If a coworker's bike has been stolen, ask him, "Did you ever consider locking it up? I find that helps!"
6 - Complain about everything. If there's catered food, complain that it's disgusting. If there's no work to do, complain that you're bored. If there's a lot of work to do, complain that you're too busy. Complain about the temperature in the office and how uncomfortable your chair is.
7 - Never give up! If someone starts to walk away as you're talking, follow them. If your boss tells you to figure something out on your own, continue to ask questions. It takes perseverance to annoy coworkers on a consistent, meaningful level, so don't be afraid to lay it on thick.
Bonus - Don't be rude! It's actually more annoying to be overly friendly and clueless than to be blatantly hostile. Just make sure you come across as totally insincere.
1 - Assume that you're smarter than everyone around you. In fact, assume that you're smarter than everyone in the company, and possibly everyone in the world. Never question your own brilliance, even momentarily.
2 - Have no respect for others' areas of expertise. For example, if you work in the design department, take every opportunity to tell the IT people or the secretarial staff how to do their jobs.
3 - Cultivate a condescending tone of voice. This is crucial. If you sound too pleasant, people might assume you mean well and actually like you. Speak slowly and loudly, and pronounce your words carefully, especially the big ones. Act as though you're teaching a 3-year-old how to tie her shoes.
4 - Pick something you know is important to a coworker, and make frequent, unfunny jokes about it. For example, if you work with a woman who adores her cat, joke about the cat being a terrible creature who will one day kill her in her sleep. Pretend not to notice that no one ever laughs.
5 - Offer extremely obvious and unsolicited advice. If a coworker's bike has been stolen, ask him, "Did you ever consider locking it up? I find that helps!"
6 - Complain about everything. If there's catered food, complain that it's disgusting. If there's no work to do, complain that you're bored. If there's a lot of work to do, complain that you're too busy. Complain about the temperature in the office and how uncomfortable your chair is.
7 - Never give up! If someone starts to walk away as you're talking, follow them. If your boss tells you to figure something out on your own, continue to ask questions. It takes perseverance to annoy coworkers on a consistent, meaningful level, so don't be afraid to lay it on thick.
Bonus - Don't be rude! It's actually more annoying to be overly friendly and clueless than to be blatantly hostile. Just make sure you come across as totally insincere.
Subscribe to:
Posts (Atom)
