Khaki peddler The Gap is currently at the mercy of an angry online mob because of its recent logo change from the stodgy blue square enclosed “The Gap” to the American Apparel-esque “The Gap” with a blue square at the top right (see left). There’s now an epic Facebook post, mandatory fake Twitter account, a Gap logo generation engine as well as a spin-off redesign attempt which has not yet been revealed. Key takeway: The Internet takes branding seriously, we get it. But apparently not as seriously as The Gap itself, which recently filed suit against stealth social networking site Gapnote for trademark infringement.
While this isn’t a clear cut David and Goliath battle (The Gap has had its “Gap” trademark for a number of years) it’s interesting as The Gap, which recently had a monumental Groupon day boosting its tech hipster cred, is starting to take social media very seriously. As does Gapnote, based on the fact that it’s built its whole business around being a social network for past, present and future (heh).
From Gapnote CEO Greg Murphy:
“We wholly respect The Gap as a company and many of the core values its brand represents. We respect The Gap’s trademarks, but disagree with The Gap’s contention that it has the exclusive right to use the word “gap” (regardless of how it is used or combined) on the Internet with any conceivable business.”
The Gapnote fully intends to take this to trial, and Murphy thinks he has a case against the retailer as, “We have no intentions in becoming an apparel store now or anytime in the future.”
The Gap is demanding in the suit that the Gapnote both change its name and give up the URL Gapnote.com as it holds that the Gapnote’s branding is too similar to its trademark. Or at least one of its trademarks (see below). When the Gapnote conceded during negotiations that it could possibly change its font (the two logos are in fact sort of similar), The Gap was still after the Gapnote.com domain and Gapnote name, hence going to trial.
The Gap is also insisting that the marketing channels of the two companies are identical. By which we’re assuming both companies use the Internet for things. From The Gap’s lawyers:
“The proximity of the goods and services marketed under the two marks is extremely close, and their marketing channels are identical. The Gap has established an extensive presence on social media and networking websites and various online forums over the last several years.
Gapnote, not yet in existence (evidenced by the site’s current caption “Coming Soon to an Internet Near You”), is marketing its proposed site as a social media and networking website and forum. The two marks are used online for the same purpose and compete for the patronage of an overlapping audience; the use of similar marks to offer similar products, as such, weighs heavily in favor of likelihood of confusion.”
I am so seriously not a lawyer, but this sounds to me like The Gap is saying that any company that uses the Internet and has the word Gap in its name is fair game. In that case, it might want to take a gander at Crunchbase.
In case you are a lawyer, I’ve included court documents and complaint letters as well as videos from a pleading Gapnote below. Warning, they’re a little depressing.
This post originally appeared on Forbes.com, where Mashable regularly contributes articles about social media, business and technology.
The television is about to become the latest medium to get a major makeover at the hands of the class='blippr-nobr'>Internetclass="blippr-nobr">Internet. Already more than half of Americans are watching TV and surfing the web simultaneously. But another trend — giving connectivity to the device itself — is going to fundamentally change the business models around television and the way we consume and interact with content.
Yahooclass="blippr-nobr">Yahoo!, which has been an early mover in the space, anticipates that 8 million to 10 million devices with its Connected Television platform preinstalled will be in consumers’ hands by March 2011. That’s triple the amount in March 2010, according to Russ Schafer, Yahoo’s senior director of product marketing for the platform. Market research firm iSuppli estimates that by 2014 some 148 million televisions with Internet connectivity will be sold annually.
Millions of consumers who buy televisions from the likes of Samsung, LG and Sony won’t just be plugging into the programming offered by their satellite or cable provider, they’ll also be able to access applications ranging from Facebookclass="blippr-nobr">Facebook to eBayclass="blippr-nobr">eBay and view content from a limitless number of video publishers.
That represents a shift similar to what we saw in print media, where the Internet (and mobile phones) opened up the opportunity for anyone to become a content creator. Blip.tv, which bills itself as a “next generation television network,” has been eyeing this trend since 2005, hosting thousands of independently created shows. Now, according to cofounder Dina Kaplan, blip.tv is serving up nearly 100 million views each month (or, put another way, about 10% of the combined audience of the major TV networks) across the web, mobile devices and, increasingly, Internet-connected televisions.
The Growing Market for Internet-Enabled Televisions
class='blippr-nobr'>Blipclass="blippr-nobr">BLIP.tv is growing its audience by forming partnerships with traditional TV manufacturers and a new breed of company in the set-top box market that lets consumers connect to the Internet via their televisions. One of those companies is Roku, which sells its entry-level box for $60. CEO Anthony Wood told me the company is closing in on 1 million customers and that the average user is consuming 33 hours of content each month using the device.
Roku rival Boxeeclass="blippr-nobr">Boxee has amassed about 1.2 million users so far, says CEO Avner Ronen. That’s just through its downloadable app, which requires users to connect their computers to their televisions. The company plans to introduce its own box in November and bring with it a string of content partnerships, like BBC and Major League Baseball, as well as from companies like blip.tv and other purely digital outfits.
Boxee is planning to monetize the set-top box in part through a transaction platform that Ronen says will let publishers “offer content and charge for it without the need for users to enter payment information … [they can pay] with just one-click” for things like premium content, tickets or subscriptions. Roku has plans for a similar platform that will launch this fall. For now, both Roku and Boxee let their content providers control their own advertising and keep the revenue generated by it.
The Changing Advertising Landscape
The potential for new forms of advertising isn’t lost on any of these players, though. Experiments are still very early stage, but Yahoo’s Schafer says that, right now, “the basic ad formats are the same as we use on the web … and you’re just playing it to a different device. But the next stage is Yahoo bringing our own advertising offering further optimized for television … monetizing our service first and then offering it to third parties.”
class='blippr-nobr'>Pandoraclass="blippr-nobr">Pandora, the popular Internet radio service that also has millions of users across connected devices, recently extended its ad platform to Internet-enabled televisions. “Campaigns on this newest platform will primarily feature audio ads, which create a more lasting and emotive connection with consumers. The ability for brands to connect with consumers using audio ads on an in-home device is a new and exciting opportunity,” says Chief Revenue Officer John Trimble.
Meanwhile, blip.tv sees opportunities for targeting ads with unprecedented levels of precision. For example, the company recently developed a campaign for Electronic Arts that was able to target Xbox 360 owners with an interactive ad for NCAA Football ‘11 that allowed them to download a demo of the game to their console. Kaplan says that such complexity can’t yet be achieved across the dozens of different television and connected device manufacturers, but that “within a year we’ll see video advertising much more seamlessly transition from web video to the TV set.”
Such interactivity is already possible with so-called “second screen” providers, which are building social experiences on smartphones and tablets that allow users to interact with friends and content as they watch their favorite shows. They simultaneously create opportunities for engagement that have both the networks and advertisers excited.
Philo is a startup that, along with competitors like Miso and GetGlue, has taken the concept of “checking in” — popularized in recent months by location-based apps like class='blippr-nobr'>Foursquareclass="blippr-nobr">foursquare — and applied it to television shows. Users can check in to shows, interact with friends who are also watching and engage with ads in unique ways. For example, the company recently launched a promotion for the upcoming film You Again that enters users into a sweepstakes when they check in to shows like Glee or Dancing with the Stars and interacts with the ads through Philo’s app.
Prime Opportunities for Television Networks
The huge shift taking place in the TV landscape isn’t lost on the networks. CBS is getting its content on a multitude of connected devices and experimenting with a variety of content plays, social features and revenue models. Zander Lurie, SVP of strategic development at the company, doesn’t see new consumption models making networks like CBS irrelevant. “We’re excited by the fact that these services are offering consumers more ways to view our content. The priority [for us] is to create more opportunities for our content to be consumed than ever before. As long as we have a business model in place for that [type of] consumption, we win,” says Lurie.
Despite all of the activity, Internet-connected television will shift even more dramatically over the next year, with both Googleclass="blippr-nobr">Google and Apple introducing their own set-top box offerings this fall. While upstarts like Boxee and Roku might see that as validation of what they helped pioneer, it could significantly disrupt the business models emerging in the quickly evolving world of Internet-connected television.
More Tech Resources from Mashable:
- How a Physically Aware Internet Will Change the World
/> - 10 Unique Headphones for Listening in Style
/> - 10 Useful Apple iPad Tips and Tricks
/> - 5 Tools for Keeping Track of Your Passwords
/> - 7 Questions With AOL Co-Founder Steve Case
Image courtesy of iStockphotoclass="blippr-nobr">iStockphoto, CostinT, iStockphoto, subju
For more Business coverage:
- class="f-el">class="cov-twit">Follow Mashable Businessclass="s-el">class="cov-rss">Subscribe to the Business channelclass="f-el">class="cov-fb">Become a Fan on Facebookclass="s-el">class="cov-apple">Download our free apps for iPhone and iPad
Nevada Voters Complain Of Problems At Polls - Las Vegas <b>News</b> Story <b>...</b>
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apartment property management companies
Nevada Voters Complain Of Problems At Polls - Las Vegas <b>News</b> Story <b>...</b>
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Khaki peddler The Gap is currently at the mercy of an angry online mob because of its recent logo change from the stodgy blue square enclosed “The Gap” to the American Apparel-esque “The Gap” with a blue square at the top right (see left). There’s now an epic Facebook post, mandatory fake Twitter account, a Gap logo generation engine as well as a spin-off redesign attempt which has not yet been revealed. Key takeway: The Internet takes branding seriously, we get it. But apparently not as seriously as The Gap itself, which recently filed suit against stealth social networking site Gapnote for trademark infringement.
While this isn’t a clear cut David and Goliath battle (The Gap has had its “Gap” trademark for a number of years) it’s interesting as The Gap, which recently had a monumental Groupon day boosting its tech hipster cred, is starting to take social media very seriously. As does Gapnote, based on the fact that it’s built its whole business around being a social network for past, present and future (heh).
From Gapnote CEO Greg Murphy:
“We wholly respect The Gap as a company and many of the core values its brand represents. We respect The Gap’s trademarks, but disagree with The Gap’s contention that it has the exclusive right to use the word “gap” (regardless of how it is used or combined) on the Internet with any conceivable business.”
The Gapnote fully intends to take this to trial, and Murphy thinks he has a case against the retailer as, “We have no intentions in becoming an apparel store now or anytime in the future.”
The Gap is demanding in the suit that the Gapnote both change its name and give up the URL Gapnote.com as it holds that the Gapnote’s branding is too similar to its trademark. Or at least one of its trademarks (see below). When the Gapnote conceded during negotiations that it could possibly change its font (the two logos are in fact sort of similar), The Gap was still after the Gapnote.com domain and Gapnote name, hence going to trial.
The Gap is also insisting that the marketing channels of the two companies are identical. By which we’re assuming both companies use the Internet for things. From The Gap’s lawyers:
“The proximity of the goods and services marketed under the two marks is extremely close, and their marketing channels are identical. The Gap has established an extensive presence on social media and networking websites and various online forums over the last several years.
Gapnote, not yet in existence (evidenced by the site’s current caption “Coming Soon to an Internet Near You”), is marketing its proposed site as a social media and networking website and forum. The two marks are used online for the same purpose and compete for the patronage of an overlapping audience; the use of similar marks to offer similar products, as such, weighs heavily in favor of likelihood of confusion.”
I am so seriously not a lawyer, but this sounds to me like The Gap is saying that any company that uses the Internet and has the word Gap in its name is fair game. In that case, it might want to take a gander at Crunchbase.
In case you are a lawyer, I’ve included court documents and complaint letters as well as videos from a pleading Gapnote below. Warning, they’re a little depressing.
This post originally appeared on Forbes.com, where Mashable regularly contributes articles about social media, business and technology.
The television is about to become the latest medium to get a major makeover at the hands of the class='blippr-nobr'>Internetclass="blippr-nobr">Internet. Already more than half of Americans are watching TV and surfing the web simultaneously. But another trend — giving connectivity to the device itself — is going to fundamentally change the business models around television and the way we consume and interact with content.
Yahooclass="blippr-nobr">Yahoo!, which has been an early mover in the space, anticipates that 8 million to 10 million devices with its Connected Television platform preinstalled will be in consumers’ hands by March 2011. That’s triple the amount in March 2010, according to Russ Schafer, Yahoo’s senior director of product marketing for the platform. Market research firm iSuppli estimates that by 2014 some 148 million televisions with Internet connectivity will be sold annually.
Millions of consumers who buy televisions from the likes of Samsung, LG and Sony won’t just be plugging into the programming offered by their satellite or cable provider, they’ll also be able to access applications ranging from Facebookclass="blippr-nobr">Facebook to eBayclass="blippr-nobr">eBay and view content from a limitless number of video publishers.
That represents a shift similar to what we saw in print media, where the Internet (and mobile phones) opened up the opportunity for anyone to become a content creator. Blip.tv, which bills itself as a “next generation television network,” has been eyeing this trend since 2005, hosting thousands of independently created shows. Now, according to cofounder Dina Kaplan, blip.tv is serving up nearly 100 million views each month (or, put another way, about 10% of the combined audience of the major TV networks) across the web, mobile devices and, increasingly, Internet-connected televisions.
The Growing Market for Internet-Enabled Televisions
class='blippr-nobr'>Blipclass="blippr-nobr">BLIP.tv is growing its audience by forming partnerships with traditional TV manufacturers and a new breed of company in the set-top box market that lets consumers connect to the Internet via their televisions. One of those companies is Roku, which sells its entry-level box for $60. CEO Anthony Wood told me the company is closing in on 1 million customers and that the average user is consuming 33 hours of content each month using the device.
Roku rival Boxeeclass="blippr-nobr">Boxee has amassed about 1.2 million users so far, says CEO Avner Ronen. That’s just through its downloadable app, which requires users to connect their computers to their televisions. The company plans to introduce its own box in November and bring with it a string of content partnerships, like BBC and Major League Baseball, as well as from companies like blip.tv and other purely digital outfits.
Boxee is planning to monetize the set-top box in part through a transaction platform that Ronen says will let publishers “offer content and charge for it without the need for users to enter payment information … [they can pay] with just one-click” for things like premium content, tickets or subscriptions. Roku has plans for a similar platform that will launch this fall. For now, both Roku and Boxee let their content providers control their own advertising and keep the revenue generated by it.
The Changing Advertising Landscape
The potential for new forms of advertising isn’t lost on any of these players, though. Experiments are still very early stage, but Yahoo’s Schafer says that, right now, “the basic ad formats are the same as we use on the web … and you’re just playing it to a different device. But the next stage is Yahoo bringing our own advertising offering further optimized for television … monetizing our service first and then offering it to third parties.”
class='blippr-nobr'>Pandoraclass="blippr-nobr">Pandora, the popular Internet radio service that also has millions of users across connected devices, recently extended its ad platform to Internet-enabled televisions. “Campaigns on this newest platform will primarily feature audio ads, which create a more lasting and emotive connection with consumers. The ability for brands to connect with consumers using audio ads on an in-home device is a new and exciting opportunity,” says Chief Revenue Officer John Trimble.
Meanwhile, blip.tv sees opportunities for targeting ads with unprecedented levels of precision. For example, the company recently developed a campaign for Electronic Arts that was able to target Xbox 360 owners with an interactive ad for NCAA Football ‘11 that allowed them to download a demo of the game to their console. Kaplan says that such complexity can’t yet be achieved across the dozens of different television and connected device manufacturers, but that “within a year we’ll see video advertising much more seamlessly transition from web video to the TV set.”
Such interactivity is already possible with so-called “second screen” providers, which are building social experiences on smartphones and tablets that allow users to interact with friends and content as they watch their favorite shows. They simultaneously create opportunities for engagement that have both the networks and advertisers excited.
Philo is a startup that, along with competitors like Miso and GetGlue, has taken the concept of “checking in” — popularized in recent months by location-based apps like class='blippr-nobr'>Foursquareclass="blippr-nobr">foursquare — and applied it to television shows. Users can check in to shows, interact with friends who are also watching and engage with ads in unique ways. For example, the company recently launched a promotion for the upcoming film You Again that enters users into a sweepstakes when they check in to shows like Glee or Dancing with the Stars and interacts with the ads through Philo’s app.
Prime Opportunities for Television Networks
The huge shift taking place in the TV landscape isn’t lost on the networks. CBS is getting its content on a multitude of connected devices and experimenting with a variety of content plays, social features and revenue models. Zander Lurie, SVP of strategic development at the company, doesn’t see new consumption models making networks like CBS irrelevant. “We’re excited by the fact that these services are offering consumers more ways to view our content. The priority [for us] is to create more opportunities for our content to be consumed than ever before. As long as we have a business model in place for that [type of] consumption, we win,” says Lurie.
Despite all of the activity, Internet-connected television will shift even more dramatically over the next year, with both Googleclass="blippr-nobr">Google and Apple introducing their own set-top box offerings this fall. While upstarts like Boxee and Roku might see that as validation of what they helped pioneer, it could significantly disrupt the business models emerging in the quickly evolving world of Internet-connected television.
More Tech Resources from Mashable:
- How a Physically Aware Internet Will Change the World
/> - 10 Unique Headphones for Listening in Style
/> - 10 Useful Apple iPad Tips and Tricks
/> - 5 Tools for Keeping Track of Your Passwords
/> - 7 Questions With AOL Co-Founder Steve Case
Image courtesy of iStockphotoclass="blippr-nobr">iStockphoto, CostinT, iStockphoto, subju
For more Business coverage:
- class="f-el">class="cov-twit">Follow Mashable Businessclass="s-el">class="cov-rss">Subscribe to the Business channelclass="f-el">class="cov-fb">Become a Fan on Facebookclass="s-el">class="cov-apple">Download our free apps for iPhone and iPad
Nevada Voters Complain Of Problems At Polls - Las Vegas <b>News</b> Story <b>...</b>
LAS VEGAS -- Some voters in Boulder City complained on Monday that their ballot had been cast before they went to the polls, raising questions about Clark County's electronic voting machines. Wednesday, October 27, 2010.
Lujiazui Breakfast: <b>News</b> And Views About China Stocks (Oct. 27 <b>...</b>
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Halloween Candy: The Not-So-Sweet <b>News</b> - Slashfood
Photo: mandaloo, Flickr No one is going to claim they eat Halloween candy because it's good for them. But the Daily Beast ran the numbers on.
Nevada Voters Complain Of Problems At Polls - Las Vegas <b>News</b> Story <b>...</b>
LAS VEGAS -- Some voters in Boulder City complained on Monday that their ballot had been cast before they went to the polls, raising questions about Clark County's electronic voting machines. Wednesday, October 27, 2010.
Lujiazui Breakfast: <b>News</b> And Views About China Stocks (Oct. 27 <b>...</b>
Investors and traders in China's main financial district are talking about the following before the start of trade today: Shares in automaker Hong Kong-listed BYD tanked by 9% after the company said profit fell by 99% in the third ...
Halloween Candy: The Not-So-Sweet <b>News</b> - Slashfood
Photo: mandaloo, Flickr No one is going to claim they eat Halloween candy because it's good for them. But the Daily Beast ran the numbers on.