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News & Updates

August 2024




You are in Good Company

with MSE Detroit!



MSE Detroit's members work at many different metro Detroit companies!

Do you know someone who would be a good match to join MSE Detroit?

Let us know, and we will make the introductions!


See some of our member companies below.


Join


Marketing & Sales Executives of Detroit


for our



"Summer Breeze" Meet & Greet!


Thursday, August 8th, 2024

4:00-6:00 PM

Bahama Breeze

539 E. Big Beaver Road, Troy


Join us for a Happy Hour in the Bahamas (Bahama Breeze, that is)!


Dress tropical chic!

Appetizers and a cash bar!

Best/Wildest Hawaiian Attire Contest!


$15/MSE Detroit members;

$25/non-members, guests;

$105/event + MSE Detroit membership

(Members may bring guests at the member price!)




Please click HERE for registration!



See you there!


What Every Business Owner Should Know Before Using a Competitor’s Trademarks


By Bill (William) Honaker

Intellectual Property Attorney/Speaker at IP Guy

July 19, 2024


You can use them, but you need to be careful!


Earlier this week, a client asked if they could use another’s trademark to advertise their new product; a replacement part for the competitor’s product. Think, blades to be used in a particular razor. The actual money is in the blades, and to sell them, you must let customers know what razor they fit, necessitating the use of their trademark. I get this question a lot, and the answer depends upon how you use the competitors trademarks.


Sometimes you need to use a competitors’ trademark to sell your own products or services. This is particularly true when you are selling, for example, replacement parts, and need to say that your replacements are compatible with the trademark owners’ products. It can also be important when providing services, such as repair. If you repair BMW automobiles, you need to let others know. Fortunately, if you do it properly, you can use other’s trademarks and avoid trademark infringement.


When you compare your product, offer replacement parts, or offer repair services, and properly use another’s trademarks, it’s called nominative fair use.


The general test is:

1. Is the product or service of the trademark owner one which is readily identifiable without the use of the trademark? (If it isn’t, then use of their trademark is likely permissible.)

2. Has the mark been used more than is reasonably necessary to identify the trademark owner? (The less the trademark is used, the better.)

3. Has the user falsely suggested sponsorship or endorsement with the trademark owner? (You don’t want to suggest any connection with the trademark owner.)


Some Real-World Examples


The classic case of nominative use is comparative advertising, such as “Coca-Cola tastes better than Pepsi,” or vice versa. To be reasonable, you must use the marks to identify the products. There’s no over-mentioning of the other trademark, and there is clearly no sponsorship or endorsement suggested.


Another example is repair services for automobiles. Volkswagen sued Donald Church for using the trademarks Volkswagen and VW in advertisements for Church’s repair services. His ads always used “Independent” whenever the terms “Volkswagen” or “VW” were used. The court held that his advertising was sufficient to distinguish his business in the eye of the customer. Church made no false suggestion of sponsorship or endorsement from Volkswagen. Consumers would understand that independent means no sponsorship or endorsement.


An example of fair use with respect to replacement parts is Keurig® compatible coffee pods. To sell replacement pods, coffee makers must indicate that the pods can be used in Keurig machines, but it’s important to not suggest sponsorship or endorsement.


Keurig sued Strum Foods for using the Keurig trademark on their Grove Square Coffee. The Grove Square packaging stated, “For use by owners of Keurig coffee makers,” and stated, “Strum Foods has no affiliation with Keurig, Incorporated.” The court focused on these statements as supporting nominative fair use in dismissing Keurig’s motion for summary judgment. The court also suggested that using language such as, “Compatible with Keurig coffee makers” was likely a better alternative.


The key is to let the consuming public know that you are not associated with the trademark owner. One of the best ways is to use a disclaimer statement that clearly spells this out. Using your own trademark on your products, and words like compatible, with will also help.


My Advice


My advice to clients, when they must use a competitor’s trademark in advertising, is to do the following:

1. Prominently use their own trademarks in the advertisement.

2. Use the competitor’s trademark as little as possible.

3. If you’re selling a replacement part, state that it is compatible with the original product.

4. Add a clear disclaimer disavowing any association with the competitor.


The Takeaway


Using your competitors’ trademarks is not for the faint of heart. Your competitors will likely take notice. This is a sensitive area for them. Don’t be surprised if you get a letter demanding that you stop. Unfortunately, there’s no bright-line test for what determining fair use of another’s trademark, so great care must be taken.

As my final advice, have the advertisement reviewed by trademark counsel before you launch. You want to be sure that all the necessary steps have been taken to avoid being sued. If the correct steps are taken and this is explained to the offended trademark owner, it is my experience that no lawsuit will be filed.


About the Author:

Bill Honaker, “The IP Guy” is a former USPTO Examiner, a partner with Dickinson-Wright, and author of the forthcoming book, "Invisible Assets – How to Maximize the Hidden Value in Your Business." Email Bill@IPGuy.com, or call me at 248-433-7381.

MSE Detroit LinkedIn Page


We would like to invite you to follow MSE Detroit’s updated LinkedIn site at https://www.linkedin.com/company/2391681


Looking forward to connecting with you and seeing you at our events.

Book Recommendation


From Joe Melnick, MSE Detroit Treasurer


"Leading Leaders: How to Manage Smart, Talented, Rich, and Powerful People"

by Jeswald Salacuse


From GoodReads:


"Whether you were born a leader or have had leadership thrust upon you, you’re in for a whole new set of challenges when managing other leaders. Think of the qualities that have brought you to a leadership role: your vision, confidence, and charisma, or perhaps your experience, unique skills, expertise, or network of powerful allies. Now remind yourself that other leaders share some or all of these qualities with you. The leaders you are called upon to lead may be other executives, highly educated experts, investors, board members, government officials, doctors, lawyers, or other professionals. The potential contributions of these elites to any organization are vital, but the likelihood of friction is also high if you don’t manage relationships carefully. In any case, they are people with significant resources -- and strong opinions. How do you leverage the assets of the talented and powerful while making sure that egos remain unbruised? Leading Leaders breaks the challenge down into the Seven Daily Tasks of Leadership, and shows you how to carry out each task when you have to manage other leaders. The seven tasks and the special challenges they entail in leading leaders are: 1. Direction How do you negotiate a vision for the organization that other leaders will buy into? 2. Integration How do you make stars a team? 3. Mediation How do you resolve conflicts over turf and power among other leaders so the organization can move forward? 4. Education How do you educate people who think they are already educated? 5. Motivation How do you move other leaders who already seem “to have everything” to do the right thing for the organization? 6. Representation How do you lead your organization’s outside constituents while still leading leaders inside? 7. Trust Creation How do you gain and keep other leaders’ trust, the vital capital that your own leadership depends on? Drawing on the author’s own leadership experience as well as his research in the corporate, political, academic, and professional worlds, Leading Leaders answers these questions with a clear set of effective rules for all managers to follow in successfully leading other leaders."


Seeking Board Members


Two MSE Detroit board positions will be opening soon. If you have "a passion for the craft" of marketing and sales, and are interested in working with MSE Detroit,

please contact Ann Bruttell, MSE Detroit president, at meetings@meeting-coordinators.com.


We are also looking for Program Committee members!

MSE Detroit Members:


Would you be willing to be our "Member Spotlight" in the monthly newsletter?


Do you have a career accomplishment or press release to share?


Have you read a book on leadership/sales/marketing that you think others would benefit from?


Have a link to a blog/podcast/article that you think would benefit MSE Detroit members?


We would love to hear from you at meetings@meeting-coordinators.com.

SPONSORSHIPS


are available for all MSE Detroit Programs.


Check out our sponsorships HERE.


Looking for a customized sponsorship?

Call us at 248-643-6590 or

email meetings@meeting-coordinators.com.



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MSE Detroit is developing a series of programs for our members to present to chambers of commerce and businesses on the following topics. Should you desire to help us with this project and volunteer as an industry expert speaker, please let us know.


1. Digital Transformation and Innovation in Marketing

2. Customer Experience and Engagement

3. Content Marketing and Storytelling

4. Social Media and Influencer Marketing

5. Sales Strategies and Technologies

6. Data Privacy and Ethical Marketing

7. Market Research and Consumer Insights

8. Brand Management and Positioning

9. E-commerce and Digital Sales

10. Global Marketing Strategies

11. Sustainability and Corporate Social Responsibility

12. Leadership and Talent Development

13. Emerging Technologies

14. Crisis Management and Resilience

15. Networking and Collaboration

Some of our Member Companies:




























MSE Detroit Membership

To renew your membership or join MSE Detroit, visit:

MSE Detroit 2024 Membership Rates

 

 

$100 - Basic Membership – Receives monthly newsletter and all event notifications. Zoom webinar events are currently FREE for members; may register at member discounted rate for other MSE Detroit events/program/On-Demand Videos. May submit press releases for inclusion in the monthly newsletter.

 

$300 - Premium Membership - Receives monthly newsletter and all event notifications. Zoom webinar events are currently FREE for members; may register at member discounted rate for other MSE Detroit events/programs/On-Demand Videos.. May submit press releases for inclusion in the monthly newsletter. Executive Leadership Program Speaker Series priority access. This membership includes a $50 donation towards the MSE Detroit Scholarship Fund and will be listed in promotional material as a sponsor.

 

$25 - Student Membership - Receives monthly newsletter and all event notifications. Zoom webinar events are currently FREE for members; may register at member discounted rate for other MSE Detroit events/programs/On-Demand Videos.. Students may also request a mentor. (Must provide proof of student status; copy of a school schedule or letter from college/advisor needed.)

 

$125 - Retired Membership - Receives monthly newsletter and all event notifications. Zoom webinar events are currently FREE for members; may register at member discounted rate for other MSE Detroit events/programs/On-Demand Videos. Executive Leadership Program Speaker Series priority access. This membership includes a $50 donation towards the MSE Detroit Scholarship Fund and will be listed in promotional material as a sponsor.

 

$1,250 – Corporate Membership – Includes up to 5 memberships at the Premium Membership level. Each will receive the monthly newsletter and all event notifications. Zoom webinar events are currently FREE for members; may register at member discounted rate for other MSE Detroit events/programs/On-Demand Videos. The corporation may submit press releases for inclusion in the monthly newsletter. They will have priority access to the Executive Leadership Program Speaker Series. This membership includes a $250 donation towards the MSE Detroit Scholarship Fund and will be listed in promotional material as a corporate sponsor.

Marketing & Sales Executives of Detroit (MSED) www.msedetroit.org
248-643-6590
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