Beyonce and Jay-Z's "Blue Ivy Carter" Trademark Still Has Chance

Media outlets have been buzzing over the purported denial of Beyonce and Jay-Z’s BLUE IVY CARTER trademark.  On October 16, 2012, the United States Patent and Trademark Office (“USPTO”) granted a federal registration to Veronica Morales, a Boston-based wedding planner, for the trademark BLUE IVY (U.S. Registration No. 4224833) covering event planning services. Morales, who claims use of the BLUE IVY trademark since 2009, obtained her federal registration before Beyonce and Jay-Z despite filing her federal application one month later.  A number of reporters incorrectly state that Morales’ BLUE IVY registration has derailed any opportunity for Beyonce and Jay-Z to secure rights to, let alone a federal registration for, their BLUE IVY CARTER trademark. Of course, such an assertion demonstrates a clear misunderstanding of the highly specialized and nuanced area of trademark law.

Continue Reading

LIVE FROM INTA

With more than 8,500 individuals from 140 countries, INTA’s Annual Meeting is the superbowl for trademark professionals.  This year, DLA Piper is representing our ONE FIRM mantra with dozens of attorneys from more than 10 countries.

We are eager to meet up with foreign counsel, worldwide clients, and blog readers.  Email us at remarks@dlapiper.com or @ us on twitter (@remarksblog) to connect.

Also, be sure to visit us here at Re:Marks Blog throughout INTA for posts related to INTA education sessions.

Emotional intelligence: Driving Success in Today's Business Environment

Reposted from the latest version of our Intellectual Property and Technology newsletter (Q1, 2011) (PDF here).  Also available at DLA Piper's website.

The legal profession has long revered individuals who demonstrate high intelligence and strong technical competence. In recent years, however, there has been growing recognition that another critical part of professional success is emotional intelligence, or EQ. While being technically proficient at one’s craft is essential, for both professionals and organizations it is no longer enough. As the legal profession increasingly aligns with clients’ business needs and methodologies, the soft skills embodied in EQ will often make the meaningful difference in determining the trajectory of one’s career and a company’s success.
While the concept of emotional intelligence has been around for many years, it became mainstream in the mid-1990s with Daniel Goleman’s groundbreaking book, Emotional Intelligence: Why It Can Matter More Than IQ. Goleman focuses on a skill set that drives leadership, performance and success:
Self-awareness – understanding yourself and your emotions
Self-management – managing oneself in response to people and situations
Social awareness – sensing and responding to others’ emotions and comprehending social networks
Relationship management – inspiring and developing others while managing conflict
While some people may possess these skills innately, it is possible to acquire them through training and practice. Along with one’s technical abilities, these skills contribute to personal and professional success and drive the ability to be effective.
Research in the fields of neuroscience and psychology strongly supports the importance of emotional intelligence in driving professional success. Indeed, EQ has been determined to be just as important, if not more, than one’s IQ. In fact, some researchers have concluded that, across many professions, EQ accounts for 58 percent of one’s performance.1 Moreover, 90 percent of high performers have been found to have a high EQ, whereas only 20 percent of low performers do.2 Notably, the legal profession is continually evolving its efforts to develop and reward EQ-based skills. In such areas as business development, talent recruitment, mentoring, client service, diversity and inclusion, project management, and professional and community leadership, EQ-based skills provide common threads. They enable effective development of relationships, collegiality, team building, strategic partnering, intuition, empathy, humility, compassion, understanding and the ability to influence others. The common denominators among these traits are self-awareness and effectively developing a meaningful connection with others. By practicing these skills on a regular basis, lawyers can become more effective, both personally and professionally. This ultimately accrues to the benefit of individual practitioners, their organizations, their clients and their communities.
In practice, lawyers with high EQs also differentiate themselves from their peers by demonstrating an array of talents and a propensity for flexibility and leadership. This is particularly important during challenging economic times, when law firms and corporations alike are continually looking for ways to streamline their workforce. Those with high EQs are often powerful managers and leaders, resilient, optimistic, confident and creative communicators with sound decision-making abilities. These skills will make them not only successful professionals, but also effective agents for EQ-based qualities.
In future editions of the IPT News, this column will examine emotional intelligence as related to aspects of the legal profession, including client service, case management, talent management and mentoring, diversity and inclusion, leadership and business development. In the context of EQ skills and competencies, we will look at ourselves and the organizations where we work, providing a new window on our personal and professional relationships and ways we can be effective agents for change and success.
 
1 Travis Bradberry & Jean Greaves, Emotional Intelligence 2.0 20-21 (TalentSmart 2009).
2 Id. at 21.

The legal profession has long revered individuals who demonstrate high intelligence and strong technical competence. In recent years, however, there has been growing recognition that another critical part of professional success is emotional intelligence, or EQ. While being technically proficient at one’s craft is essential, for both professionals and organizations it is no longer enough. As the legal profession increasingly aligns with clients’ business needs and methodologies, the soft skills embodied in EQ will often make the meaningful difference in determining the trajectory of one’s career and a company’s success.

While the concept of emotional intelligence has been around for many years, it became mainstream in the mid-1990s with Daniel Goleman’s groundbreaking book, Emotional Intelligence: Why It Can Matter More Than IQ. Goleman focuses on a skill set that drives leadership, performance and success:

  1. Self-awareness – understanding yourself and your emotions
  2. Self-management – managing oneself in response to people and situations
  3. Social awareness – sensing and responding to others’ emotions and comprehending social networks
  4. Relationship management – inspiring and developing others while managing conflict

While some people may possess these skills innately, it is possible to acquire them through training and practice. Along with one’s technical abilities, these skills contribute to personal and professional success and drive the ability to be effective.

Continue Reading

Video: Being a Legal Role Model

By way of background, I have a monthly column in the Chicago Lawyer called Inside Out, in which I provide the private practice perspective on a variety of issues/questions raised by the editor of the magazine (Olivia Clarke, the interviewer in the videos).  David Susler, the gentleman in this video, is also my husband.  He is an in-house attorney, and offers that perspective with respect to the questions/issues.

Each month, the magazine publishes a transcript of our monthly interview, while the video component is available on YouTube and on the Chicago Lawyer website -- each with additional content. 

Although these videos are not central to the issues of trademark and copyright, I thought sharing my outside work on this forum might serve as additional perspective for other attorneys reading this blog.

This particular video focused on David and I sharing stories about who our role models are, particularly in the context of our careers.  Enjoy!

Welcome!

I wanted to take the opportunity to introduce you all to our team's latest efforts to contribute in a meaningful way to the areas of trademark, copyright and advertising.  We have been talking about starting a blog for some time, and we are proud to finally have a greater presence in the Internet space.  Over the years, the Intellectual Property and Technology group here at DLA Piper has grown to approximately 400 IP and Technology lawyers in nearly 50 cities in almost two dozen countries around the world.

By managing more than 50,000 trademarks in 150+ countries for some of the world's most valuable brands, we've learned a lot about trademark, copyright and associated issues along the way.  Our team is thoughtful, strategic, and passionate about these areas of law, and we are eager to share insights more publicly.  Our talents run the gamut -- from traditional businesses to social media start-up companies.  We hope to utilize this blog to review the law's progression and reflect on how it transforms the practice -- both for our clients and for businesses around the world.