The latest example of this phenomenon took place in Viacom International Inc. v. IJR Capital Investments, where the Fifth Circuit affirmed a lower court decision granting trademark protection to the Krusty Krab, a fictional restaurant in the television series SpongeBob SquarePants. Viacom sued IJR Capital Investment for unfair competition and trademark infringement because IJR had been trying to open up seafood restaurants in California and Texas under the Krusty Krab name since 2014. IJR Capital claimed that they did not base their name on the fictional restaurant, but rather the crusted glaze applied to cooked seafood. IJR noted that there was no Krusty Krab trademark already registered with the United States Patent and Trademark Office.
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Alignment: Accelerating Funded Startups and the Agency of the Future, with guests Evan Kraut & Guy Poreh.
With the proliferation of funded e-commerce startups focused on the direct-to-consumer, how is brand created and how can startups adapt to the changing tastes and trends to reach consumers and drive sales? Further, what are some models for agencies to reinvent themselves to not only survive, but to thrive as the media landscape evolves? How can agencies be better aligned with their clients and drive success both for the client and the agency stakeholders?
The Medium Rules host, Alan Baldachin, is joined in the HBA Podcast Studio in New York City by Evan Kraut, who runs Grey Adventures for Grey Group, and Guy Poreh, founder and CEO of Playground. Grey Adventures is best characterized as Grey’s “skunk works” team, focused on developing innovative products and services that fuel new revenue streams for Grey’s brand clients, its partners and the agency itself. And Playground is a “record label” for startups which takes an “immersive” approach to partnering with funded startups on sales and marketing to “accelerate fame”. In this episode of The Medium Rules Alan, Evan and Guy cover such ground as the success story behind Quip, the intersection of frontier technology and the traditional agency model, branding issues related to legal cannabis businesses, and, finally, some thoughts about what the agency of the future might look like.
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Conversations with founders, investors and thought leaders in the orbit of HBA’s tech and media ecosystem and beyond. How are media and technology companies conceived, how do they scale, and how do they interact with the broader social, economic and political culture we live in today and that we will inhabit in the future. This is a show about innovation and its effects on our lives, hosted by HBA’s managing partner and head of media and technology, Alan Baldachin.
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The number of US lawsuits filed by visually impaired and other disabled people targeting business websites for violating the Americans with Disabilities Act (ADA) has reached fever pitch. Recent court rulings have emboldened plaintiffs’ attorneys and a significant uptick in litigation is expected in 2018. New York has proven particularly welcoming to these cases, with nearly 300 ADA website lawsuits targeting retail, fashion, and financial institutions filed in New York’s federal courts in the first quarter of 2018.
Despite this explosion of activity, many businesses are still unaware of the legal risk and continue to operate websites that fall short of accepted accessibility standards, courting ADA claims. Although monetary damages are unavailable under the ADA, these cases are not easily dismissed and the defense costs can be significant. To help minimize the lawsuit risk, businesses should consider proactive measures to ensure their websites meet the current accessibility standard.