Tag: branding

Smart Lawyer Marketing: The Benefits of Becoming an Adjunct Professor or Guest Lecturer

If you’re a lawyer looking to stand out and grow your practice, here’s a strategy worth considering: becoming an adjunct professor or guest lecturer. This isn’t just about adding a title to your resume; it’s about enriching your professional credentials, elevating your personal brand, building connections with the community and opening doors to new opportunities. Here’s why venturing into academia could be a smart move for your legal career and how to do it.

  • A Spotlight on Your Expertise: Engaging in a teaching role will elevates your visibility within the academic and legal communities. Universities are vibrant ecosystems of learning, networking and professional exchange. By sharing your knowledge and experience in such settings, you not only enrich the learning environment but also spotlight your expertise to a broader audience. It’s an effective way to get noticed and remembered in the circles that matter.
  • Networking with Purpose: Teaching at a university isn’t just about imparting knowledge; it’s a dynamic platform for meaningful networking. Every semester offers a new opportunity to connect with ambitious students, fellow educators, and visiting professionals. These connections can lead to new business opportunities, collaborations and referrals. Building a network in such a rich environment can provide a steady stream of advantages for your legal practice.
  • Establishing Your Thought Leadership: There’s no better place to showcase your legal acumen than in a classroom or lecture hall. Teaching allows you to demonstrate your depth of knowledge and commitment to your field, helping to establish you as a thought leader among your peers and potential clients. Engaging with students and faculty on complex legal issues not only reinforces your standing but also keeps you at the cutting edge of legal developments.
  • The Dual Benefit of Learning: While teaching, lawyers often find themselves learning alongside their students. Because a professor and lecturer must stay current and deeply understand the subjects they teach acts as a catalyst for personal and professional growth. This continuous learning cycle not only enhances your legal practice but also ensures that your teaching is informed, relevant and highly valued.

How to Become an Adjunct Professor or Guest Lecturer

If you’re interested in becoming an adjunct professor or guest lecturer, here are some steps to get you started:

  • Get Your Credentials and Experience in Order: An advanced degree is usually required for adjunct positions, but if you’re eyeing more prestigious spots or specialized subjects, a PhD might be necessary. Beyond degrees, real-world experience in your field isn’t just icing on the cake—it’s another layer of cake. It shows you can apply what you teach outside the classroom, making your lessons more relevant and engaging.
  • Network Like a Pro: Building connections is key in academia, but think of it as making friends rather than networking. Attend events, engage in discussions and be active in online communities related to your field. It’s about finding your tribe—people who share your interests and can tip you off to opportunities you might not find on your own.
  • Bolster Your Teaching Credentials: If teaching isn’t something you’ve done a lot of, look for opportunities to get some practice. This could be anything from volunteer teaching gigs, leading workshops or even taking on a teaching assistant role. These experiences are valuable not just for what they teach you about instructing others, but they also give you stories and insights you can share when you apply for jobs.
  • Polish Your Application: Your application is your chance to shine. Make sure your CV is not only comprehensive but clear and engaging. Cover letters should be tailored to each application, showing why you’re excited about the position and what makes you a great fit. Don’t forget a teaching statement that reflects your unique approach and philosophy towards education.
  • Apply Thoughtfully: While casting a wide net could result in the kind of role you are seeking, aim for opportunities that truly resonate with your expertise and teaching style. Explore various institutions, from community colleges to universities, and don’t overlook less traditional teaching environments that might be in need of your particular skill set.
  • Stay Curious and Keep Growing: Staying informed and continually developing your skills is important. Seek out professional development opportunities, stay abreast of new research in your field and be open to new teaching techniques (including technology advancements) and methodologies. Your growth as a professional not only enriches your teaching but also makes you more attractive to potential employers.

KEY TAKEAWAYS

  • Enhanced Visibility: Teaching roles at universities put you in front of an engaged audience, amplifying your professional visibility.
  • Strategic Networking: The academic environment offers unparalleled networking opportunities with future and current lawyers, colleagues and industry experts.
  • Thought Leadership: Sharing your expertise as a teacher reinforces your status as a knowledgeable and respected professional in your field.
  • Continuous Learning: The act of teaching encourages ongoing education, keeping you at the forefront of legal developments and practices.

Teaching as an adjunct professor or guest lecturer offers a lawyers strategic benefits beyond traditional networking and marketing efforts. It provides a platform for visibility, a hub for networking, a stage for establishing thought leadership and an opportunity for personal growth.

Copyright © 2024, Stefanie M. Marrone. All Rights Reserved.
For more news on Law Firm Marketing, visit the NLR Law Office Management section.

Easy Ways to Build Your Professional Brand

Whether or not you realize it, you have a professional brand, and it’s up to you to maximize and leverage it.

Every day, people are searching for you online. They may go to your web bio, but more than likely, they’re probably going to LinkedIn as well to check you out.

LinkedIn paints a much more robust picture of you and your professional background than your web site bio because it enables you to showcase your entire professional history and body of work.

Think of LinkedIn as your own mini website and blog.

So LinkedIn is a huge part of managing your brand. It would be very wise to focus on building your presence on LinkedIn, and it is free.

Also, Googling yourself regularly and setting up Google alerts to make sure that you’re aware of what’s being said about you, and manage your online reputation.

Speaking engagements can be incredibly powerful to underscore your subject matter expertise and stay top of mind with those who need someone like you. If you feel uncomfortable doing them live, do webinars.

There is a ripple effect with speaking engagements, which is that you likely will get asked to do another speaking engagement when people see that you are on the speaking circuit and that you are good at it.

Not everyone is comfortable being on video like I am, but that’s also an option. A podcast is another great way to build your brand, make strong relationships and you don’t have to be on camera.

There’s a lot of other things you can do, such as writing articles, blog posts, client alerts, email blasts and email newsletters – these are all great ways to showcase your thought leadership expertise and stay top of mind with your clients, prospects and referral sources.

There’s also trade association memberships and committee involvement – they are an effective way to get to know people in your industry, as long as you’re going to commit to them, because the worst thing you can do is to not do a good job on these committees.

You don’t have to do all of these things, or several of them at once, and you should only do the ones that you like to do because you will be more successful at them.

A Word About Self Confidence

Don’t let anyone else dim your light, most of all you.

It’s time to build your confidence about posting on LinkedIn and showing up in other kinds of marketing. We each have value to provide to others and we need to believe that.

Every time I post I get nervous about how it will be received, especially posting videos.

But we all over estimate the extent to which others are thinking about us because guess what? They’re thinking about themselves way more. So stop worrying about what everyone else thinks!

You won’t be everyone’s cup of tea and that’s okay.

The right people will gravitate toward you and appreciate your posts even if they don’t tell you or actually post a like on your content.

I keep posting because I believe in my posts and I’m coming from a place of genuineness. Trying to help people is enough for me to keep showing up and posting.

So believe in yourself and silence the naysayers and that negative voice that you have about yourself. Each of us has an inner critic and if we’re not careful, we can start to believe what it has to say. Your success on LinkedIn and elsewhere depends on your ability to silence your inner critic.

Don’t let other people (or yourself) dim your light and be YOU. That’s your superpower.

How do you find the confidence to show up on LinkedIn and in other places?

Article By Stefanie M. Marrone of Stefanie Marrone Consulting

For more legal marketing news, click here to visit the National Law Review.

Copyright © 2022, Stefanie M. Marrone. All Rights Reserved.

Names and Brand Names

A key aspect of trademarks has been at the forefront of both fiction and real-life sports news over the past few weeks: what makes a name a name and who can use a name as a trademark? While trademarks are commercial rights, trademark law also protects a person’s right to control their own identity, including well-known pseudonyms and nicknames.

Marvel’s She-Hulk: Attorney-at-Law is, like most TV shows about lawyers, often cavalier with how it represents the law, but when the question of the protagonist’s rights in her nom de guerre came up, it was more accurate than most courtroom dramas. Jen Walters (the civilian identity of the titular She-Hulk) discovers a “super-influencer” has launched a line of cosmetics under the SHE-HULK brand and based on that use, is claiming trademark rights in SHE-HULK, going so far as to sue Jen Walters for her use of the name She-Hulk. While much of the terminology is mangled, the show’s hearing on the issue reaches points that are relevant in the real world. First, does “She-Hulk” identify a living person? And second, would another’s use of SHE-HULK be “likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association” (as set forth in 15 U.S. Code § 1125) of that user and the person known to the public as SHE-HULK? It being a superhero show, Jen Walters ultimately vindicates her rights to the She-Hulk name and SHE-HULK Mark.

Circumstances in the real world are rarely as cut-and-dried. In a proceeding before the Trademark Trial and Appeal Board, NBA player Luka Doncic is attempting to reclaim the trademark rights in his own name from his ex-manager, his mother. Doncic, born in 1999, was a basketball star from his early teens. During his meteoric rise in European basketball, his mother, with his consent at the time, registered a design trademark (consisting mainly of his name) for goods and services including soaps, recorded basketball games, apparel, sports equipment, and promotional and educational services, starting with an application in the European Union in 2015 (when Doncic was 16) and filing in the U.S. in 2018 (when he was 19).

Doncic, as stated in his petition to cancel that U.S. Registration, has since withdrawn his consent to his mother’s use and registration of his name as a trademark. Instead, he has, through his own company, Luka99, Inc., applied to register a few marks including his own name, which have been refused registration because of the existing registration owned by his mother. To clear the way for his own registrations, he is seeking to cancel hers on the basis that (as in the fictional example above) her use or registration is likely to make consumers believe the goods and services offered with her authorization are associated with or endorsed by him, and because he has withdrawn his consent, her registrations are no longer permitted to remain on the register.

As Doncic was a minor when he gave consent, he has a good chance of regaining control of his name. Not everyone is so lucky, so you should be especially careful when entering any agreement that allows someone to use your name as a trademark.

Article By David H. Siegel of Norris McLaughlin P.A.

For more intellectual property legal news, click here to visit the National Law Review.

©2022 Norris McLaughlin P.A., All Rights Reserved

To Search or To Sink: The Importance of Clearing Your Brand

So many times in my three decades of practice I’ve shaken my head at the perils a trademark owner can so easily avoid by searching and clearing a mark. The litigations! The unnecessary attorneys’ fees! The time and resources lost! All because my client (or adversary) didn’t conduct a proper trademark search.

Adopting a Trademark

So what’s all the fuss about? Well, before adopting a trademark (that is, a brand name for goods or services) you should have an attorney commission a proper clearance search, review it, and provide you with a well-reasoned opinion as to the availability of the brand for “use” and “registration.” (Yes, they are different things, as explained below.) I’m not talking about an Internet search or an online search of U.S. Trademark Office records, though both can be useful to make sure there aren’t any easily found barriers to use or registration of a mark before a full search is commissioned.

I’m talking about a full clearance search done by a reputable vendor the attorney commissions to uncover all uses (registered and not) of the same or similar marks for the same or similar goods/services as you want to use your brand for. The resulting vendor’s report sent to the attorney is typically anywhere from 300 pages up to 1000 pages. Then the (experienced trademark) attorney reviews it and lets you know in a detailed opinion if the mark is free for you to use and register without entangling you in the risk of a dispute/lawsuit. If it’s not available, you pick another brand, and search again.

Using a Brand and Registering It

So what’s the difference between freedom to use a brand and freedom to register it? In the U.S., “common law” trademark rights can exist based solely upon use (that is use of a trademark without registration). That’s because consumers can associate a brand with a single source (the trademark owner/producer of goods/services) even if it’s not registered. (It’s different in other countries, and searches should be done in every country for which you want to use your brand.)

So it’s possible that there’s a barrier to use but not to registration, because a common law (unregistered) trademark is too similar to the brand you want to use, and is being used in connection with identical or related goods/services as your proposed brand. That’s why you want clearance to both use and register a mark. (Registration is important because it provides you with nationwide rights in your brand; common law trademarks cover only the geographic territory where sales under the brand occur.)

So please clear your mark. It’s pennies on the dollar compared to what you will spend in a dispute or (heaven forbid) litigation. Here’s to happy searching!

Article By Jeanne Hamburg of Norris McLaughlin P.A.

For more intellectual property legal news, click here to visit the National Law Review.

©2022 Norris McLaughlin P.A., All Rights Reserved

Adding “.com” to Generic Term May Open Route to Trademark Protection According to Supreme Court

Generic terms—those words that actually name a product or service—are ineligible for trademark protection under current United States trademark law. The United States Patent and Trademark Office (USPTO) decided that adding “.com” to an otherwise generic term was not sufficient to allow trademark registration of the “generic.com” composition. In the matter at hand, the internet website Booking.com was refused trademark registration of its name based on this decision by the USPTO.

On June 30, 2020, however, the United States Supreme Court reversed this decision, holding that adding “.com” to an otherwise generic—and thus ineligible for registration—term may be registered. The Court said, a generic.com term is only generic if consumers and customers take the term, as a whole, as generic. The Court noted that, in the lower court proceedings, evidence had been presented that consumers do not view Booking.com as a generic website to book hotels and such, but rather associated it with a particular company.

The USPTO raised the concern that allowing such trademarks to be registered would be akin to allowing a business to add the word “Company” to a generic term and noted that this is not permitted. The Court, however, noted that, unlike business names, domain names are single use—only one “generic.com” domain name exists for each possible generic term. In addition, the Court said, the USPTO has other tools in its arsenal, such as insistence of a disclaimer of the generic term, to guard against a particular generic.com trademark holder from exerting undue control over other trademarks that include the generic term. This, the Court said, further shows that there is no basis to deny Booking.com the protection of a federally registered trademark.

This decision opens the door to a new category of potentially protectable trademarks: generic terms with “.com” added to the end. However, it is important to note that whether a generic.com trademark could be registered depends in large part on how that trademark is viewed by consumers. Booking.com is registerable because consumers attribute that trademark to a specific company; however, this may not be true in every case. Much of whether a generic.com brand name is going to be able to be trademarked is likely to depend on evidence showing how consumers view the name; such evidence could include consumer surveys, evidence of marketing efforts, and evidence of long-term use. Nevertheless, companies who wish to use their most basic and generic description of the goods and services they offer as a part of a trademark now have another avenue by which to seek protection. However, it will be important to consider and prepare for questions that will likely be raised by the USPTO, including why the particular generic.com trademark is not viewed by consumers as generic, in order to raise the likelihood of obtaining trademark protection.

© 2020 Davis|Kuelthau, s.c. All Rights Reserved

For more on the recent Booking.com decision, see the National Law Review Intellectual Property Law section.

13 Signs It Is Time to Hire an Outside Marketing Professional

Marketing is the backbone of your law firm’s growth. Think of it this way: a bad attorney can still drum up a substantial amount of business with an impressive marketing plan, but an excellent attorney’s skills will not save them from a weak or nonexistent marketing plan. If you are wondering if you have outgrown your current marketing plan, look for these signs that you need an outside professional.

1. Marketing Takes Up More Than 15 Minutes of Your Billable Time

As an attorney, you should spend most of your time doing what you do best. If you spend more than 15 minutes per day writing and scheduling tweets, checking marketing metrics, or optimizing your blog posts, you are wasting time that should be spent researching, meeting with clients, or preparing for court. Outsource these tasks to a professional.

2. Your Returns Have Plateaued

Seeing big returns on your law firm’s marketing efforts is exciting, which is why plateaus are so disappointing. Without in-depth marketing education and experience, you are unlikely to know what it takes to overcome those plateaus. And while there is a wealth of online information on how to do it yourself, it is a better use of your time and skill to involve a professional consultant that can highlight new ways to bring in potential clients.

3. You Want to Take Your Marketing to the Next Level

No matter how brilliant and creative you are when it comes to selling yourself and your practice, you would be amazed at the opportunities and ideas that a professional can bring to the table. Whether it is identifying a potential sub-market that could grow your law firm, or developing new branding ideas that speak to a different demographic than your typical client, an outside marketing consultant can enhance your current strategy and increase your return on investment.

4. A Big Change or Event is Approaching

An important event or big change in your firm is a massive marketing opportunity, but can also be a massive source of stress. With so many small details to consider, as well as pressure for the event to be successful, a holistic marketing company can provide you with wrap-around support for your event. Not only can they show you the best ways to market your event, but may also offer event planning services, subcontractor management, and even discounted purchasing on your behalf.

5. Your In-House Team Has Become Complacent

In-house marketing teams can work as well-oiled machines, properly allocating their efforts across different team members and projects. In some cases, though, they become complacent and stop giving your firm the time and effort necessary to bring in new clients. Instead of trying to motivate a team that has lost passion for seeing your law firm succeed, consider adding an outside marketing eye to your mix. Often legal marketing consultants offer hourly consultation rates that are perfect for when you simply want a fresh perspective and a new direction without a long-term commitment.

6. You Are Striking Out on Your Own

Starting your own law firm is a significant accomplishment. Avoid the trap of saving money by engaging in DIY marketing. Although it may seem like a good way to cut costs at the outset, shoddy marketing and tone-deaf messaging can actually do far more financial damage than the amount you might save. From logo design and business cards to innovative pay-per-click campaigns and social media marketing, it is better to start out on the right foot with a solid marketing team or consultant that can give you a solid foundation for the future.

7. Circumstances Call for Rebranding

No one is perfect, and every law firm has had its fair share of blunders. However, when a huge mistake smears your name and causes any Google search of your firm to reflect poorly on your brand, it is time to call in a professional legal marketer. They can help mitigate reviews, consult on best next steps, and develop a re-branding strategy that can save your business before negative press starts affecting your bottom line.

8. You Do Not Have Time to Pursue Further Credentialing

In the legal world, reputation is key to success. For many lawyers, this means participation in cause marketing, leadership in relevant associations, and pursuing awards and credentialing opportunities. Unfortunately, not every lawyer has the time, means, or energy to research these opportunities and develop them. A good outside marketing consultant will be able to review your experience and professional strengths and use them to find appropriate places for you to speak, guest author, and submit yourself for public recognition for the good that you do.

9. You Want Help Understanding Your Marketing Analytics

Whether you work with an in-house marketing team or do your own law firm marketing, detailed analysis is a vital part of knowing what is working with your marketing strategy. This can become very frustrating, especially if you are receiving or running reports that you do not understand. Instead of trying to give yourself a full marketing education, turn them over to a specialist. An outside legal marketing consultant can review your analytics with you, highlight the areas that are meeting expectations and give suggestions on how to improve those areas that are slow.

10. Blog Upkeep is Getting Away From You

Companies with blogs get, on average, 67% more leads than companies without blogs, according to Demand Metric. It is not enough to create a new post whenever your schedule allows; blogging has to be a scheduled and highly prioritized part of your marketing plan. If your updates are becoming more and more infrequent, a marketing specialist can create a content calendar and even help you hire a ghostwriter to ensure that the posts keep coming.

11. Your Presentation and Publication Schedule Is No Longer Manageable

If you are not on top of your presentation and publication schedule, a marketing specialist can help you organize, prepare for, and promote these important parts of your marketing strategy. Remember, every presentation you make and every publication you produce is a chance to reach new clients. It makes sense to hire someone who knows how to best identify new avenues for this kind of credentialing and can take the time to ensure that everything is in order so that you are set up for success with no stress on your part.

12. Client Prospects Are Drying Up

Every law firm has slower spells and busy times. Still, if you are noticing a downward trend, it is time to analyze whether it is a normal dip in activity or a problem with some element of your marketing plan. If you have already exhausted your current networking and marketing efforts but business is still not picking up, a marketing professional can give some much needed insight.

13. Your Online Properties Are Out-of-Date or Poorly Managed

Your image is everything. Attorney websites with broken links, attorney bios that have not been updated in years, and abandoned blogs can lead clients to think you are no longer practicing. Hire a marketing specialist to consolidate online properties and manage their upkeep.

Choosing the right marketing expert can breathe new life into your client prospects and take your success to the next level. With the right support, your law firm can be flexible and relevant, able to identify new opportunities that will keep your law firm growing into a legacy worth having.

© 2020 Denver Legal Marketing LLC

For more on marketing for law firms, see the National Law Review Law Office Management section.

The Court of Appeals for the Federal Circuit Clarifies that Trademark Protection Is Available for “Graduated” and “Undefined” Color Schemes

There are a number of famous colors that are trademark-protected – such as the color brown, which is registered by UPS, and the color “robin egg blue”, which is registered by Tiffany & Co. This protection stems from the fact that such marks are “inherently distinctive”. That is, the colors have become so readily recognized by the purchasing public as being associated with goods or services. However, some color marks that comprise “undefined” multiple colors, including graduated colors (i.e., where one color fades into another) have generally been treated as never being able to rise to the level of being inherently distinctive.

On April 8, 2020, the United States Court of Appeals for the Federal Circuit (CAFC), held that the Trademark Trial and Appeal Board (TTAB) erred in ruling that an “undefined” color trademark on products and product packaging cannot be distinctive enough for registration unless consumers already recognize it as an indicator of product source. In Re: Forney Industries, Inc., Fed. Cir., No. 19-1073, Opinion 4/8/20.

In its federal registration application, Forney Industries, Inc. described its multi-color trademark as “a solid black stripe at the top” and “[b]elow the solid black stripe is the color yellow which fades into the color red” (emphasis added). Early on, the Examining Attorney at the United States Patent and Trademark Office (USPTO), and later the TTAB, decided that Forney multi-color scheme could not be inherently distinctive.

The TTAB cited two Supreme Court decisions supporting its position – that product and packaging marks using color without defined borders or shape also cannot be inherently distinctive. The CAFC found that the board’s decision overstated the Supreme Court precedent and ruled that the TTAB erred by holding that: (1) a multi-color mark can never be inherently distinctive, and (2) product packaging marks that employ color cannot be inherently distinctive in the absence of a well-defined peripheral shape or border.

The CAFC stated that the correct standard to apply in determining inherent distinctiveness is a legal question, which it could review de novo. The CAFC then recognized that neither the Supreme Court nor it, has directly addressed whether a multi-color mark such as described by Forney can ever be inherently distinctive. Recognizing the “Forney is not attempting to preempt the use of the colors red, yellow, and black, but instead seeks to protect only the particular combination of these colors, arranged in a particular design”, the CAFC concluded that there are instances when a multi-color mark, as well as single-color marks, can be inherently distinctive and, therefore, federally protected via the USPTO.

If your products or product packaging is recognizable by your customers, you may want to consider taking the extra step of applying for federal registration of that color, even if the color is not uniform and blends into other colors. Also, consider consulting an attorney who is well-versed in the area of trademark law to make sure that the description of your color mark is worded the best way possible.

There are a number of famous colors that are trademark-protected – such as the color brown, which is registered by UPS, and the color “robin egg blue”, which is registered by Tiffany & Co. This protection stems from the fact that such marks are “inherently distinctive”. That is, the colors have become so readily recognized by the purchasing public as being associated with goods or services. However, some color marks that comprise “undefined” multiple colors, including graduated colors (i.e., where one color fades into another) have generally been treated as never being able to rise to the level of being inherently distinctive.

On April 8, 2020, the United States Court of Appeals for the Federal Circuit (CAFC), held that the Trademark Trial and Appeal Board (TTAB) erred in ruling that an “undefined” color trademark on products and product packaging cannot be distinctive enough for registration unless consumers already recognize it as an indicator of product source. In Re: Forney Industries, Inc., Fed. Cir., No. 19-1073, Opinion 4/8/20.

In its federal registration application, Forney Industries, Inc. described its multi-color trademark as “a solid black stripe at the top” and “[b]elow the solid black stripe is the color yellow which fades into the color red” (emphasis added). Early on, the Examining Attorney at the United States Patent and Trademark Office (USPTO), and later the TTAB, decided that Forney multi-color scheme could not be inherently distinctive.

The TTAB cited two Supreme Court decisions supporting its position – that product and packaging marks using color without defined borders or shape also cannot be inherently distinctive. The CAFC found that the board’s decision overstated the Supreme Court precedent and ruled that the TTAB erred by holding that: (1) a multi-color mark can never be inherently distinctive, and (2) product packaging marks that employ color cannot be inherently distinctive in the absence of a well-defined peripheral shape or border.

The CAFC stated that the correct standard to apply in determining inherent distinctiveness is a legal question, which it could review de novo. The CAFC then recognized that neither the Supreme Court nor it, has directly addressed whether a multi-color mark such as described by Forney can ever be inherently distinctive. Recognizing the “Forney is not attempting to preempt the use of the colors red, yellow, and black, but instead seeks to protect only the particular combination of these colors, arranged in a particular design”, the CAFC concluded that there are instances when a multi-color mark, as well as single-color marks, can be inherently distinctive and, therefore, federally protected via the USPTO.

If your products or product packaging is recognizable by your customers, you may want to consider taking the extra step of applying for federal registration of that color, even if the color is not uniform and blends into other colors. Also, consider consulting an attorney who is well-versed in the area of trademark law to make sure that the description of your color mark is worded the best way possible.

© 2020 Davis|Kuelthau, s.c. All Rights Reserved

For more on trademark enforcement, see the National Law Review Intellectual Property Law section.

Bank Strategy Briefing: Moving Away From Common Bank Names

It is difficult to overstate the importance of a bank’s name. After all, it’s the centerpiece of a bank’s long-term branding strategy. Before reaching the teller line or setting up a meeting with a banker, seeing a bank’s name on a branch sign, billboard or website is likely the first interaction a customer has with the institution.  With many Midwest institutions approaching or surpassing 100-year anniversaries, a bank’s name may reflect generations of service to a community or the ownership family’s legacy.

Many banks share common names

A surprisingly large number of banks in the U.S. share common naming elements, as detailed below:

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While many reasons for this degree of commonality exist, community pride and company history among them, similar names can result in market confusion, or worse, trademark disputes.

To differentiate themselves, a number of banks have begun changing names. In some instances, it’s a legal name change as specified in the institution’s articles, while in others it’s adopting a trade name.

How to change a bank’s legal name

The process for changing a legal name is relatively simple. First, a thorough search must be conducted to ensure the new name is available. This search would identify existing bank trademarks for the name as well as other potential uses that could cause marketplace confusion. Then comes amending the bank’s articles of incorporation. This requires board and shareholder approval. Once the amendment is effective, customer-facing marketing materials and legal documentation will need to reflect the new legal name.

How to adopt a trade name

Trade names are more nuanced and compliance-sensitive. In addition to validating that a name is available for use, various banking agencies require disclosures about the trade name to appear in signage, advertising and account-opening documentation. This helps customers understand that accounts under each name will be aggregated when calculating FDIC insurance coverage. For example, the Wisconsin Department of Financial Institution’s (WDFI’s) guidance requires disclosure that trade names be identified as a “branch” of the bank. WDFI does not permit other descriptors like “division” or “unit.”

Name changes create new marketing opportunities

Beyond the legal and logistical aspects of a name change, it’s important to develop a robust marketing plan to maximize the opportunity a name change creates. Consider ways to reintroduce the bank to the marketplace and retell its story to the community.

Copyright © 2020 Godfrey & Kahn S.C.

Brand Storytelling for Lawyers

Creating a narrative is vital as an attorney. Just as you want to lead your potential jurors or a judge to the kinds of emotional conclusions that will drive the right kind of verdict or settlement, you need to guide your potential clients on their understanding of how your brand was formed. Brand storytelling is the perfect vehicle to connect outsiders with your successes, your story, and your law firm’s core values.

What is Brand Storytelling for Law Firms and Why Do You Need It? 

Brand storytelling blends natural creativity with marketing efforts, establishing a marketing tool that helps firms foster more genuine connections with clients and write a narrative that people remember. As an attorney, you can use this technique to draw in new clients and increase client retention.

Build Emotional Connection

Brand storytelling gives potential clients a way to become engaged with your brand in a personal way—a necessity amongst younger demographics like Millennials and Gen X.

A recent study from Cone Communications shows that 87% of consumers would purchase a product based on values alone. Brand storytelling allows these potential clients to see your law firm as “standing for something” and shows the human side of a brand.

Create a Marketing Foundation 

Storytelling is also a flexible marketing tool. Once you have shaped your brand’s narrative and started utilizing it, you can continue using the dialogue you build with your brand story to engage with people in different ways. Consider engaging through social media to strengthen the connection you have started to create. You can also use the narrative you have crafted to guide content marketing strategies, increase traffic to your web properties, and ultimately improve conversions. For example, a multi-part series produced by a law firm may boost traffic and encourage community engagement with your brand.

Hone Your Core Values

When people choose a law firm for legal services, they want to know that they are part of something that is both bigger than themselves and aligned with their core values. In the process of creating a cohesive narrative about your law firm’s brand and how it has come to be, you have the opportunity to really hone in on those core values—and core clients—that are most attractive for your law firm.

Consider Apple, which has developed a commercial campaign showing its users changing the world and finding their own paths (and using their products along the way). The company has developed a reputation as an innovator and now uses that reputation to frame its customers’ stories in a similar light. By using a similar strategy, you can reinforce your own competence and abilities while still making your clients the focus of your marketing efforts. A good example for a consumer based practice would be the showcasing the journey that a family law attorney helps their client on before, during, and after their divorce.

Key Questions for Developing Your Law Firm’s Story

Writing your story and editing it to suit your audience is a powerful way to change how you market yourself and shape perception of your brand. There are three key questions to consider when you are developing your law firm’s story.

What are Your Goals? 

Although any type of legal marketing has the goal of building your law firm, the reason for presenting your brand story when and how you choose to will depend on the specific goals for doing so. If your firm is experiencing rapid growth, your brand story might be a reflection on successes and celebration of upcoming high-profile projects. If you are in the midst of a rebranding campaign, you may want to change public perception about your brand or give your firm a metaphorical “face lift.” By defining the ideal outcome of your storytelling efforts, you can determine whether or not it is an effective tool for your brand.

What is Your Emotional Hook?

An emotional hook speaks to the character and vision of your law firm’s brand while encouraging visitors to dig deeper and learn more. Explore client feedback to find out how your services have made their lives easier. If you’re an employment attorney, you may find that clients feel supported and validated with you as their attorney. Those working in bankruptcy law may speak to the overwhelming relief their clients feel once they are free of their debt. Always acknowledge the strong emotions your legal services bring out in people. A quarterly case review is an excellent way to find out which cases reflect your core values and drive your brand growth.

How Can You Tell the Most Compelling Brand Story? 

Whether you choose a three-act structure, a compare-and-contrast model, or even tell your story backwards, every brand story should include a few key items: the background of your business, the “characters” that drive the action of your story, the challenges that you and your law firm have faced, and the failures and ultimate successes you have earned. Then, explore the role your brand will have in your community as the years pass, how the brand will evolve and give back, and how clients will benefit.

Storytelling marks a major shift in how law firms big and small are making a name for themselves in the world. Social media and digital technology make pushing this aspect of your marketing out as easy as ever. By telling your firm’s brand’s story in an honest and approachable way, you can show current clients that they made the right choice and win over your future clients.

© 2020 Denver Legal Marketing LLC

FTC Attorney on Endorsement Guide Compliance

Influencer marketing and review websites have attracted a great deal of attention recently by states and federal regulatory agencies, including the FTC.  The FTC’s Endorsement Guides addresses the application of Section 5 of the FTC Act to the use of endorsements and testimonials in advertising.

At their core, the FTC Endorsement Guides (the “Guides”) reflect the basic truth-in-advertising principle that endorsements must be honest and not misleading.  The Guides suggest several best practices, including, but not limited to the following:

  1. Influencers must be legitimate and bona fide users, and endorsements must reflect honest opinions.
  2. Endorsers cannot make claims about a product that would require proof the advertiser does not have.  Blogger and brands are potentially subject to liability for claims with no reasonable basis therefor.
  3. Clearly and conspicuously disclose material connections between advertisers and endorsers (e.g., a financial or family relationship with a brand)
  4. To make a disclosure “clear and conspicuous,” advertisers should use plain and unambiguous language and make the disclosure stand out.  Consumers should be able to notice the disclosure easily.  They should not have to look for it.  Generally speaking, disclosures should be close to the claims to which they relate; in a font that is easy to read; in a shade that stands out against the background; for video ads, on the screen long enough to be noticed, read, and understood; and for audio disclosures, read at a cadence that is easy for consumers to follow and in words consumers will understand.
  5. Never assume that a social media platform’s disclosure tool is sufficient.  Some platforms’ disclosure tools are insufficient.  Placement is key.
  6. Avoid ambiguous disclosures like #thanks, #collab, #sp, #spon or #ambassador.  Clarity is crucial.  Material connection disclosures must be clear and unmistakable.
  7. Do not rely on a disclosure placed after a CLICK MORE link or in another easy-to-miss location.
  8. Advertisers that use bloggers and other social media influencers to promote products are responsible for implementing reasonable training, monitoring and compliance programs (e.g., educating members about claim substantiation requirements and disclosing material connections, searching for what people are saying and taking remedial action).
  9. Statements like “Results not typical” or “Individual results may vary” are likely to be interpreted to mean that the endorser’s experience reflects what others can also expect.  Therefore, advertisers must have adequate proof to back up the claim that the results shown in the ad are typical, or clearly and conspicuously disclose the generally expected performance in the circumstances shown in the ad.
  10. Brands can ask customers about their experiences and feature their comments in ads.  If they have no reason to expect compensation or any other benefit before they give their comments, consult with an FTC CID and defense attorney to assess whether a disclosure is necessary.  If customers have been provided with a reason to expect a benefit from providing their thoughts about a product, a disclosure is probably necessary.

What about affiliate marketers with links to online retailers on their websites that get compensated for clicks or purchases?  According the FTC, the material relationship to the brand  must be clearly and conspicuously so that readers will be able to decide how much weight to give the endorsement.  In some instances – like when the affiliate link is embedded in a product review – a single disclosure may be adequate.

When the review has a clear and conspicuous disclosure of a material relationship and the reader can see both the review containing that disclosure and the link at the same time, readers may have the information they need.  However, if the product review containing the disclosure and the link are separated, readers may not make the connection.

Never put disclosures in obscure places, behind a poorly labeled hyperlink or in a “terms of service” agreement.  That is not enough.  Neither is placing a disclosure below the review or below the link to the online retailer so readers would have to keep scrolling after they finish reading.

Consumers should be able to notice disclosures easily.

U.S. regulators are not the only ones policing influencer disclosures.  In fact, the Competition and Markets Authority, the British government agency that regulates advertising, recently sent numerous warning letters to British celebrities and other social media influencers.  The CMA has also recently released its guidelines for influencers.

The FTC has already demonstrated that it monitors accounts of popular influencers.  It has also demonstrated that it can and will initiate investigations and enforcement actions.  Brands are well-advised to review promotional practices, implement written policies and monitoring protocols.

© 2019 Hinch Newman LLP

For more on influencers, endorsement & advertising, see the National Law Review Communications, Media & Internet law page.