See You In Washington, D.C.

by David Krell
david@davidkrell.com

As the 2011 INTA Annual Meeting marks its end with the requisite closing gala event, the folks at INTA are already looking forward to 2012.

This year’s event set the bar pretty high, though. As a speaker for two consecutive years and an attendee since 2005, my advice to the 2012 speaker faculty consists of three major points.

1) Keep your presentation relevant. As a benchmark, use a topic in the news during the week of the event that dovetails with your presentation. At my topic concerning personal branding for lawyers, I used an excerpt from an article in May 7th - May 13th issue of
The Economist that focused on the “sophisticated branding” challenges facing law firms.

2) Take a time out. Conferences are events that consume your mornings, afternoons, and evenings. A little “me time” can minimize your stress. Work out in the hotel gym. Take a walk around the convention center. Listen to your iPod.

3) Have fun. Nobody said that work can’t be fun!

See you in D.C. for the 2012 INTA Annual Meeting!

What A DIfference A Year Makes

by David Krell
david@davidkrell.com

Reporting live from the Exhibit Hall at the Moscone Center, I am witnessing a palpable increase in energy compared to the last couple of INTA Annual Meetings. The best tangible indicator is the number of smiles. It’s still a far cry from the good old days of glory, though. Thomson does not have its bash on the penultimate night nor does its sister company Westlaw have high-level giveaways. Service providers that once distributed items at their respective booths now collect business cards of prospects in exchange for a chance to win an item. The iPad seems to be the item of choice.

We’re seeing topics discussed that didn’t even exist a couple of years ago. Green Marketing. Social Media. And the elevation of personal branding into the INTA Annual Meeting discussion received an enthusiastic welcome from our workshop audience yesterday.

With an increase in the number of attendees and a consequent boost in the energy level, the rebound may signal something beyond an economy hopefully ramping up for a rebound. More attorneys at the INTA Annual Meeting logically translates into companies shoring up their trademark and branding resources.

This is particularly salient, not to mention financially beneficial, for trademark lawyers. The spectrum of industries represented at INTA proves that the trademark arena is universal. Economists may be able to quantify the financial impact of a brand. But in layman’s terms, I think we can safely make an argument that a brand’s survival during a recession owes a highly significant debt to the strength of the brand’s trademark portfolio.

Recessions come and go. But a thoughtful, flexible, and well-executed trademark plan is forever.

Lombard Street

by David Krell
david@davidkrell.com

Conferences are packed with speeches, workshops, and ample opportunities for networking. Even a brief respite is warranted. A walk outside your hotel room to see the neighborhood will have terrific restorative benefits.

Last week, I mentioned my upcoming San Francisco INTA adventure to a newly met friend (i.e., blind date). She encouraged me to see Lombard Street, a.k.a. The Crookedest Street in the World. This morning, I accomplished the task. The cab driver negotiated the whiplash turns with extreme deftness. Lombard Street is shorter than it looks in photographs, but it’s worth the trip.

All too often, we consume ourselves with wanting to get every professional opportunity from a conference. And we should pursue opportunities vigorously. But there are always pockets of time available to do something besides collecting business cards. In the immortal words of Ferris Bueller,
Life moves pretty fast. If you don’t stop and look around once in awhile, you could miss it.

INTA Press Reception

by David Krell
david@davidkrell.com

A great INTA press reception. I saw my old friend Phil Cox from
Global Law Marketing. He gave me a wide smile and a big hello. At INTA, you meet people one year and the next year, they greet you like long-lost friends! Case in point, I met Phil at last year’s Annual Meeting.

I had a chance to chat with Jessica Tuquero, INTA’s Communications Director and Jim Bush, Editor of
INTA Bulletin and Web Content. And I caught a glimpse of Alan Drewsen, INTA’s Executive Director.

Between the appetizers, I met
Rodrigo Lanuza, Associate Director of MiPatente magazine. It’s an intellectual property magazine for Mexican businesses. Networking works if you work it -- I may have an article published in the September issue! Stay tuned!

INTA Writing Workshop: Mission Accomplished

by David Krell
david@davidkrell.com

They came. They laughed. They learned.

After scores of conference calls, emails, and revisions to our respective PowerPoint presentations, Effective Legal Writing Workshop is in the INTA history books.

With humor, practical examples, and an engaging approach with the audience of approximately 170, our panel enjoyed a lively response.

I began with a general exercise to engage the audience. We broke up into small groups to answer this question: Why is legal writing important? Give your top three reasons.

Bob Latham talked about going beyond the form file, striking the word ‘clearly’ from drafts, and avoiding using superfluous words. Kelly Slavitt talked about the importance of language in cease and desist letters and license agreements.
Joff Wild talked about the strategies that lawyers can use to effectively communicate with the media.

But there’s no resting on laurels.
Jim McCarthy of McDonnell Boehnen Hulbert & Berghoff is coordinating workshops for the 2011 INTA Annual Meeting. Last week, Jim invited me to speak. He sat through this morning’s workshop and, immediately after it ended, we began brainstorming about my topic for 2011.

INTA - New Friends, Old Friends

by David Krell
david@davidkrell.com

And so the annual gathering of trademark professionals, otherwise known as INTA Annual Meeting, began tonight with the kickoff cocktail party. I connected with my Effective Legal Writing co-panelists
Bob Latham and Kelly Slavitt. Unfortunately, we did not connect with the other member of our quartet, Joff Wild. But we’ll all be in the same place tomorrow at 10:30 am -- Room 203 in the Boston Convention and Exhibition Center.

Bob Latham generously invited us to Jackson Walker’s cocktail party at City Bar in the Westin adjoining the convention center. I reconnected with Jackson Walker veterans Carl Butzer and John Jackson. And I struck up a conversation with two attorneys -- Alan Kaufman of McKenna Long & Aldridge and Sunita Koneru of Bullivant Houser Bailey.

Sunita, raised in Iowa, now calls San Francisco her home city. Alan is a die-hard Philadelphia Eagles fan transplanted to New York City. They are proof positive that INTA’s Annual Meeting inspires networking. Alan and Sunita met at last year’s event -- now they’re old friends. To market future INTA events, Alan theorizes that the word “Intaversary” could be an emblem, maybe even a trademark.

While I waited on the taxicab line outside the convention center, I ran into another Alan -- Alan Drewsen, INTA’s Executive Director. Alan graciously remembered my blogging and Tweeting from last year’s Annual Meeting. I promised more of the same for this year.

We’re off to a good start.

INTA Annual Meeting Begins

by David Krell
david@davidkrell.com

Greetings from the city of St. Eligius Hospital, a private investigator named Spenser, and the bar where everybody knows your name!

I’m looking forward to tonight’s kickoff cocktail party for the 2010 International Trademark Association Annual Meeting.

And tomorrow marks my transition from INTA Annual Meeting Attendee to INTA Annual Meeting Speaker for the simply but descriptively titled Effective Legal Writing Workshop. I will moderate the workshop panel consisting of
Intellectual Asset Managment Editor-in-Chief Joff Wild, former GE and ASPCA in-house counsel Kelly Slavitt, and intellectual property litigator extraordinaire Bob Latham of Jackson Walker, the Texas powerhouse law firm.

If you’re attending the INTA conference, join us tomorrow morning at 10:30am -- 11:45pm in Room 203 of the Boston Convention & Exhibition Center.

INTA Annual Meeting

by David Krell
david@davidkrell.com

Next week, approximately 8,000 people working in trademark law will gather for the
International Trademark Association Annual Meeting. This year, INTA’s Annual Meeting will take place in Boston.

Beginning with a keynote speech and cocktail party on Sunday, May 23rd, INTA’s Annual Meeting will provide workshops, seminars, and networking opportunities galore.

Lawyers. Paralegals. Marketers. We’ll all be there to learn about everything from the effects of the Madrid Protocol on your client’s trademark portfolio to how to improve your legal writing skills. I have the privilege of moderating the workshop on the latter subject in the ‘pole position’ time slot.
Effective Legal Writing Workshop takes place on Monday, May 24th, 10:30 a.m.

Yesterday, I talked with my friend and colleague Daryl Grecich, INTA’s Director of Marketing and Program Strategy, about the upcoming Annual Meeting. Daryl pointed out some changes for this year.

We’re looking forward to a great Annual Meeting and here are three reasons why.

First, we’re able to attract a large number of professionals who work in the trademark arena -- lawyers, paralegals, marketers. In addition to the educational opportunities, the attendees will be able to benefit from the networking opportunities.

Second, the workshops and seminars provide more than just Continuing Legal Education credit. They are paramount to INTA’s mission of providing good, quality education to practitioners.

Third, the Annual Meeting helps us advance INTA’s work through its committee meetings. These meetings reveal ways we can build on our success and allow us to program future events, forums and conferences.


This year’s Annual Meeting also features a number of new events. For the first time, we have a half-day workshop dedicated to in-house counsel.
Alexander Macgillvray, General Counsel of Twitter, Inc., will be the keynote speaker. The workshop provides an outstanding opportunity for in-house counsel to talk about commonalities and differences in how they manage their responsibilities. Generally, in-house counsel deal with fewer resources, so the workshop will help them learn strategies on benchmarking internal resources and managing outside counsel.

Additionally, we have our first art show in the exhibition hall. The art show will display creative work by
INTA members, attendees, guests and staff.

The Power of a Handshake

by David Krell
david@davidkrell.com

Social media is a necessity for networking in the digital age.

From microblogging on Twitter to posting on Facebook to making connections on Linked In, social media allows us to exponentially expand our network with a few keystrokes.

Sometimes the old-fashioned way works, too. Nothing replaces face-to-face conversation, handshakes, and body language.

When I attended the International Trademark Association Annual Meeting last month in Seattle, I was part of a group approximately 7500 strong. Like other trade association conferences, the pace is challenging.

From early morning to late night, I created new connections, reinforced existing relationships, and cultivated new business. I met people at workshops, seminars, and after-dinner parties in a continuous loop during the course of a few days.

And the conversations all began with a handshake.

I got an assignment to write an article about legal writing through a chance meeting with an editor from
Marcasur, a Latin American intellectual property law magazine. She asked about Write This Way and the conversation ended with the assignment.

I learned about an article in need of an author for
The Trademark Reporter, INTA's scholarly journal. Topic -- Trademarks in Virtual Worlds. My discovery came through a conversation with a friend at a Mariners game. My friend is a premier intellectual property litigator and a member of the editorial staff at The Trademark Reporter. I immediately volunteered to write the article about this relatively new phenomenon.

A couple of hours before the Mariners game, I attended a cocktail hour for the media. Since I had an extra ticket in my block of tickets for the game, I invited a law firm marketer whom I met at the cocktail hour. He and I are having lunch today to discuss a potential web site copywriting project involving one of his international intellectual property law firm clients.

At the same cocktail hour, I met a British legal journalist who later agreed to be a member of the writing workshop I will moderate at the INTA 2010 Annual Meeting in Boston.

I also connected with an already existing contact who graciously arranged to send the materials for the
Write This Way CLE workshops to the decision makers at her downtown Manhattan law firm. Getting in front of the decision makers is the first step to creating new business. To be fair, our conversation in Seattle took place via E-Mail, however, we first met a couple of years ago at a legal seminar -- not by following each other on Twitter, friending each other on Facebook, or joining each other's network on Linked In.

To be sure, those actions have a definite place in networking. One ignores social media at his or her peril in the digital age.

But don't discount the power of a handshake.

The Power of Public Speaking

by David Krell
david@davidkrell.com

This morning, I attended
Just Pretend They Are All Naked -- How to Be a Better Public Speaker.

The panelists approached the topic in an inventive manner.

Marc Lieberstein of Kilpatrick Stockton and Jody Drake of Sughrue Mion opened the session with a purposefully bland approach. They talked to each other about the important points of public speaking away from the traditional table setting.

Holland Campbell of ESPN interrupted with the garb of a silent movie director -- beret and megaphone -- to motivate the panelists to change the approach. And they did.

What was once bland became dynamic, targeted, and revealing.
Carla Vrsansky of Buchanan Ingersoll & Rooney took the reins and got to the heart of successful public speaking: Be Brief. Be Creative. Be Relevant.

Regarding PowerPoint, Carla suggested the following:

One idea/topic per slide

6 x 6 rule: 6 lines of text, 6 words per line

Be consistent

Use bullets and/or numbers

Headlines are useful

Avoid using ALL CAPITAL LETTERS

Use a simple readable font

If you feel you must use a lengthy sentence or paragraph, highlight the main portion with color, larger font, bold, or italicized type. An alternative is to isolate that portion in a separate slide.

Keep it simple.

Less is more.


Build rapport with the audience.

Leave something behind that the audience will remember.

Audience participation.

Map out your presentation.

Plant a 'flag' around which to center your presentation -- What is the theme?

Continually summarize throughout the presentation.

Rehearse. Rehearse. Rehearse.


After twenty minutes,
Peter Harvey of Harvey Siskind gave a brief presentation entitled Band Name Trademark Disputes as an example of public speaking. Mei-Ian E. W. Stark of Fox Entertainment Group handled the clapboard and shouted Take One!

Again, the presentation was purposefully bland to illustrate a point -- bring your passion to the presentation.

Holland Campbell interrupted with true director's insight and Mei-Ian again handled the clapboard and shouted
Take Two!

Now, Peter's presentation took on a different tone -- clearer, inspiring, and effective. A true portrait of how to use PowerPoint effectively, how to summarize, and how to build a rapport with the audience. Peter's technique on this last issue is a Pop Quiz at the end of a case summary described in a PowerPoint slide. The quiz consists of asking the attendees who they think won the case.

The title also changed the tenor of the presentation from bland to inviting, boring to fun, descriptive to attention-getting.

Band Name Trademark Disputes became Trademarks Rock.

But one strong, unavoidable, inevitable lesson emerged throughout the session. Murphy's Law is true. No matter how much you check the technical aspects of the room, something will go wrong. At several points, the microphone sound skipped or disappeared completely. Towards the end, the speakers discarded the mikes, talked with projection, and invited audience participation.

So, a corollary lesson emerged though it was not on the PowerPoint. When technical difficulties occur, the technical or facilities crew will try to fix them. If the problems persist, ignore the difficulties and proceed with the presentation in good humor.

As a whole, the panelists encouraged the audience to seek public speaking opportunities with INTA. During Q & A, I briefly summarized my experience and lesson learned -- Start Early!

I first pitched a writing workshop to INTA in 2008 for the 2009 Annual Meeting. I learned that a year in advance is not enough time. INTA Annual Meetings usually require eighteen months of lead time.

The writing workshop will take place at the 2010 Annual Meeting in Boston

So, if you're passionate about a topic, pitch it to INTA during the summer for the 2011 Annual Meeting.

Trademarks in Virtual Worlds

by David Krell
david@davidkrell.com

This morning, I attended my first session of INTA's 2009 Annual Meeting --
Trademarks in Virtual Worlds. The panel consisted of:

David Naylor - Field Fisher Waterhouse
Marty Roberts - Linden Lab (Second Life)
Sheldon Burshtein - Blake, Cassels & Graydon (Moderator)

And I asked the $64,000 question of the panel --
On a scale of one to ten, how are law firms generally doing in embracing virtual worlds and Second Life to promote their professional services.

David Naylor said, Few law firms have engaged in virtual worlds. He theorized that clients may trigger an increased presence of law firms in the virtualverse. Lawyers will need to understand the technology important to their clients. The adage remains -- Tell me and I'll forget. Show me and I'll remember. Involve me and I'll understand.

Sheldon Burshtein pointed out the resource-intensive demands of participating actively in virtual worlds.

Mr. Naylor backed up the point.
You need to utilize resources in an effective way.

He gave three examples of how law firms are using or can use virtual worlds: education, recruiting, communication with offices/clients in other cities.

Elle Macpherson: Not Just Another Pretty Face

by David Krell
david@davidkrell.com

Elle Macpherson told a room of several thousand trademark lawyers that she was a little nervous as she began her Keynote Speech for the International Trademark Association's Annual Meeting last night.

She was honest.

She was thoughtful.

And she was thought provoking.

I had the opportunity to meet her after the INTA speech at the Loeb & Loeb dessert reception. I can personally attest that Elle Macpherson has the gift of beauty, poise, and charm. But she's not just another pretty face.

In her speech, Ms. Macpherson gave some background on her extraordinary modeling history as pictures of her on magazine covers, billboards, and print ads complemented her presentation.

She said that she didn't like certain aspects of modeling.

She didn't like runway work.

She didn't like the insecurity she felt.

She didn't like being objectified.

So, she made her quotes higher to dissuade companies from hiring her.

More people wanted her.

Consequently, financial independence arrived. It was not the only stop for Ms. Macpherson. Twenty years ago, she financed a business with her monetary success because of her passion for lingerie. Elle Macpherson Intimates is now a leader in the lingerie industry.

That leadership took discipline, commitment, and passion. All qualities were clearly evident in Ms. Macpherson's presentation. She did not merely read the words, she meant them. And she pointed out an important lesson she learned in her business life --
Learn to listen. Listen to learn.

But the supermodel turned self-described 'accidental executive' did not only illustrate how a celebrity can turn herself into a brand and turn that brand into a worldwide powerhouse.

She took the opportunity to talk to the trademark and branding community about corporate responsibility beginning at home. She used BP as an example. British Petroleum promotes itself with the tag line
Beyond Petroleum to indicate its commitment to renewable energy sources.

Ms. Macpherson also emphasized that the pursuit of the fast buck has a detrimental effect on the value of a brand.
Consumers are questioning 'buy now pay later.'

She also embraced the power of instant communication in the digital age and its potential exposure of brand sensitivity. For example, Ms. Macpherson talked about Marks & Spencer placing a two-pound premium on bigger bras. 14,000 people complained on Facebook. Marks & Spencer reacted by reducing the cost to the same level as other bras.

Connect with brand values and the sales will follow, states Macpherson.

Macpherson's axiom is time-tested. Think about the brands enduring recessions, wars, and intense competition. Their collective endurance enjoys a foundation of strength based on core values.

Macpherson's described her seven main brand values for Elle Macpherson Intimates.

Faith, Intimacy, Spontaneity, Evolution, Rebel, Tribal, True.

So, what's the biggest challenge for maintaining her brand and staying true to her values?

My challenge is to remain who I am and not what I sell.