International Trademark Association

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.

Looking Back at a Season in Hell

by David Krell
david@davidkrell.com

Today marks a milestone for me. One year ago today, I entered the digital universe by creating my own web site and blog. What I once considered a season in hell because of an apocalyptic economy seems profitable in retrospect. Not financially -- two freelance consulting jobs throughout the year. And I’m still looking for a job or projects. But it was profitable in a Rocky Balboa way. In
Rocky Balboa, the title character tells his son:

But it ain’t about how hard ya hit. It’s about how hard you can get hit and keep moving forward. How much you can take and keep moving forward. That’s how winning is done! Now if you know what you’re worth, then go out and get what you’re worth. But ya gotta be willing to take the hits, and not pointing fingers saying you ain’t where you wanna be because of him, or her, or anybody!

Keep moving forward, indeed.

The questions most often asked of me concerning my web site and blog -- How did I do it? Why did I do it?

Simple. I got laid off from my job as a legal conference producer in November 2008. Rebranding myself seemed to be necessary, if not vital. So, I went through my resume to strongly consider the value that I bring to an employer.

At first, the jobs on my resume seemed disparate -- attorney, gubernatorial campaign’s deputy press secretary, television news writer and producer, freelance magazine article writer, media commentator, legal conference producer. I soon realized the common thread is my passion -- writing.

Ok, I identified my passion. I have the skills and experience to adapt my writing to an employer’s or client’s format. But the worst economy since the Great Depression of the 1930’s gave no hint of loosening up during the holiday season.

I faced factual and anecdotal data concerning an apocalyptic economy. Phone calls to friends, contacts, and former colleagues remained unanswered. Watching CNBC gave no hint of daylight in the gloom and doom. Layoffs, fear, and cutbacks were the watchwords of 2009.

I found inspiration in the movie
Any Given Sunday when Miami Sharks Head Coach Tony D’Amato (Al Pacino) gives the big speech before the big football game.

We’re in hell right now, gentlemen. Believe me. And we can stay here and get the shit kicked out of us or we can fight our way back into the light. We can climb out of hell. One inch at a time.

I climbed my first inch out of hell by attending the pilot program for Shelly Palmer’s Get Digital seminar at the National Academy of Television Arts & Sciences. I learned the importance of becoming digital savvy, owning a Blackberry, and rebranding myself in a fiercely competitive economy steeped largely in digital technology.

Get Digital inspired me to go further on a digital journey. I took a 2-hour web site design course for novices at Tekserve, an authorized Macintosh/Apple computer retailer and repairer located on 23rd Street in Manhattan. After the course, I bought the RapidWeaver web site design program. Being technologically challenged, I forced myself to read the manual again...and again...and again. Within two weeks, I learned how to design my own web sites and blogs.

I attended the International Trademark Association Annual Meeting in Seattle where I met a law firm marketer. A couple of weeks after the conference, he hired me to write the copy for one of his clients, a prominent law firm based in Mexico City.

I also met an editor from the Latin American intellectual property magazine
Marcasur. She requested that I write an article about my passion -- writing. My article Your Writing Is Your Trademark appeared in the July - September 2009 issue. I’m also moderating a writing workshop at the INTA Annual Meeting in May 2010.

I lobbied the New York State Bar Association’s
Entertainment, Arts, and Sports Law Journal for a regular column focusing on important deals, people, and events from historical and legal perspectives. Result: Krell’s Korner was born. The first column was published in the Fall-Winter 2009 issue. It concerned the deal between ABC and Walt Disney that allowed the animator to build Disneyland.

In November, a former colleague hired me to conduct legal and historical research concerning one of his company’s well-known entertainment characters. The research culminated in a massive report that left no stone unturned concerning the character’s business and legal history.

I attended the New York State Bar Association’s Annual Conference where a panel discussion concerning the new economy persuaded me to further my rebranding as a communications expert. Result:
The Writing Guycommunications was born.

I reconnected with a friend who hired me to consult on a trademark issue for one of her clients, a designer of games and applications for the iPhone.

I lobbied my alma mater, Villanova Law School, to host my CLE legal writing workshop for alumni.
Stop Writing Like A Lawyer!
will take place on April 7th.

Throughout, I wrote more than 70 blog entries about writing and communications. I created a second web site called
Our Television Heritagethat houses my blog and articles regarding television history.

Last night, the last night of my first year as a digital savvy attorney/writer/blogger, I attended a panel discussion hosted by the City Bar Association of New York --
Using Your Law Degree for Something Other Than Practicing Law: Exploring Non-Legal Roles Within Law Firms. The panelists believe that the economy is showing signs of loosening regarding hiring law firm marketers with legal backgrounds and outside writing consultants.

I certainly hope so.

The Luxury of Time

by David Krell
david@davidkrell.com

When tackling a project that requires writing, one cardinal rule stands out -- start early.

During the new year’s holiday, I started working on a piece concerning the Vietnam Veterans Memorial for
Krell’s Korner. Krell’s Korner is my column in the New York State Bar Association’s Entertainment, Arts, and Sports Law Journal. The piece about the memorial will appear in the Fall-Winter 2010 issue.

The deadline is May 21st.

During the massive snowstorm that hit the East Coast on Wednesday, I finished the first draft. I also completed a double-check of the footnotes against the format rules in
A Uniform System of Citation (18th Edition), a.k.a. The Bluebook.

The Bluebook
has a rule for every type of citation in a legal brief, legal memorandum, or law review article. The EASL Journal follows the law review citation requirements.

So, just a few tweaks for another draft and I can send the column to my editor for comments.

That’s one approach.

But I will use the next couple of months to do the following three things.

First, I will send the draft to some potential interviewees for the column with the luxury of time to respond. The column will stand alone, but interviews will enhance it. If I give myself a deadline to get the interviews by April 1st, I will have six weeks to get the interviews and, in a worst case scenario, another six weeks to incorporate the new information into the column.

Second, I will take a break from the column for a couple of weeks because absence makes the editorial mind grow sharper. After a break, I will see areas for improvement that I did not see during the adrenaline rush of writing.

Third, I will work on other projects. Now that the first draft is finished, I have the time, attention, and energy to focus on looking for consulting projects and a full-time position. I can also practice for my
Stop Writing Like A Lawyerthat I’m hosting on February 25th at my alma mater -- Villanova Law School in Villanova, Pennsylvania. In May, I’m moderating a writing workshop at the International Trademark Association Annual Meeting in Boston.

Start early. Give yourself the luxury of time.

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.

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.