Recently in Legal Concerns Category

Pinterest is all the rage these days, but imagine the rage that you might have as a brand-owner when you find out that a consumer has chosen your brand as their Pinterest username. Such is the current fate of hundreds of brands and retailers alike. I decided to do a small sampling of brands and retailers that were top-of-mind for me. I did a quick search for them on Pinterest, and sure enough, most of the usernames I searched for are currently reserved by a consumer.

Here are some of them: http://pinterest.com/macys/ http://pinterest.com/nike/ http://pinterest.com/reebok/ http://pinterest.com/harleydavidson/ http://pinterest.com/honda/ http://pinterest.com/utahjazz/ http://pinterest.com/samsonite/ http://pinterest.com/tumi/ http://pinterest.com/dsw/ http://pinterest.com/amazon/ http://pinterest.com/ebay/ ...

Has someone already registered for Pinterest using your brand name?

After reading through this list, you are probably seriously asking yourself if those in your organization responsible for social media have reserved your company's name on Pinterest...and you'd be right to do so, based the results on my few cursory searches.

Search Pinterest now and find out which group you belong in: My brand is available - If your company is not on Pinterest and your brand is still available as a username, register it today! Pinterest requires either a Facebook or Twitter login to create an account, but for businesses, Pinterest will not allow you to use a business Facebook account (personal FB accounts only), so your only option is to signup via your company's Twitter account. My brand is being used. What can I do? - If your brand, like so many others, is currently in use by a consumer, you can try to claim your username. Pinterest has a form for just such trademark infringement complaints. Be prepared with all the necessary information for proving your ownership of the brand name, and be sure to check the box "I want to claim the username". You can also check the box "I want to blacklist the username from further use" if that is your preference.

I have not heard how long it takes for Pinterest to process such claims before you can get your branded username turned over to you or what the success rate is of claiming your branded username from a consumer. If your company has successfully claimed a Pinterest username, post a comment on your experience.

In the meantime, happy pinning!

From: PayPal
Subject Line: RE: FW: Account Validation Required
Date: June 10, 2009

For over a week I received an email a day supposedly from PayPal with the subject line Account Validation Required. They all landed in my Junk folder, which was good, but when I started receiving two a day, I decided enough with the phishing.

Of course, I knew that the fact it was from a .uk address was phishy, and I knew enough not to click on anything or give them any info. But I couldn't help but think about all the thousands of people who probably don't know it's a scam. Scary.  I forwarded the email to the address that the REAL PayPal site provides in the event that you think an email is a phishing scam: spoof@paypal.com.

Within an hour, I received this email back (check it out to the left). I really applaud PayPal for their follow-through, and I really like the tone of the copy. The good news: No more emails from the phony-baloney PayPal site with the .uk address. Now if we can just get rid of phishing scams all together, we'll be golden.

From:Toys "R" Us
Subject Line: Product Recall: Infantino, Lil Chef Set
Date: Monday, March 16, 2009

Since signing up for Toys "R" Us emails a few weeks ago, I've received four different messages like this one, telling me that the store records show I've purchased something that's been recalled. Funny, because I can't remember the last time I purchased something from Toys "R" Us, and certainly none of these products. I don't really know what's going on here. On the one hand, it's great that Toys "R" Us is using email to spread the word about product recalls (and the emails look pretty good!). On the other hand, though, their records are not tidy. If they aren't sure whether or not I've purchased the product mentioned and are just playing it safe, then they should say so. I can imagine a busy parent being unable to remember whether or not they purchased the mentioned product, which could cause unnecessary concern. Getting so many recall notices is not only annoying, but it could harm the subscribers' trust in the store.

From: J.Crew
Subject Line: Thursday only: 20% off sale
Date: Thursday, March 30, 2006

From: Ann Taylor
Subject Line: Up to 50% Off, plus Special Online Offer
Date: Wednesday, April 5, 2006

What's the difference between creative influence and downright plagiarism? Do you think Ann Taylor's sale message relies too heavily on the treatments used by J.Crew all season? Or is this just a strange coincidence?

While we may think of EDMs as drops-in-the pan, barely noticed and quickly forgotten, I'll have you know, EDM designers, that someone is watching you...

From: Keds
Subject Line: keds.com: COOL IS BUZZ ON NEW AND CLASSIC STYLES
Date: Thursday, March 23, 2006

Let's face it: Keds haven't been cool since like 1990. Or maybe I only thought they were cool in 1990 since I was - like - 10. Regardless, Keds only recently began a campaign to regain their cool by employing as their face the negligably cool Mishca Barton. This email, featuring the "COOL BUZZ" appears to be a piece of that effort. While I find the creative execution messy and unprofessional (Umm... was this done in PowerPoint!?), the idea behind it is smart and something you just don't see in EDMs. We all know the power of product placement. Why shouldn't Gap, then, add little "Featured in XYZ Magazine" dot-whacks to their product imagery? Or why wouldn't Pottery Barn feature their "Outdoor Furniture, as seen in Real Simple"? Is it legally difficult to get permission to make these mentions, or is it just that no one's thought of it? Except Keds. Necessity is the mother of invention.

From: holdeverything
Subject Line: 10% off versatile shelving for every room
Date: Tuesday, January 31, 2006

From: Crate and Barrel
Subject Line: Modern furnishings from our new Spring Collection
Date: Tuesday, March 7, 2006

Tate is in the air with new collections for holdeverything (launched late January) and Crate and Barrel (launched yesterday.)

A legal concern brought to my attention by a colleague: the Tate Modern is a British art museum. If Crate and Barrel's collection was not created in cooperation with the museum, is it legal to use a "tate modern" headline?