Patent and Trademark



             


Saturday, March 29, 2008

Google's US Patent: What does it have in stock for you?

Google's US Patent: What does it have in stock for you?

What is this Google's Patent?

The filling of the US Patent (#20050071741- Information Retrieval Based on Historical Data) by Google has caught many SEOs off guard in their strategies forthwith with regard to ranking of sites in SERPs. The contents of the patent reveal that search giant has incorporated sweeping changes in the way it works, and has waged a war against search engine spam and artificial link inflation.

Google has become awfully aware that some of their results have begun to be well manipulated by people with deep pockets, simply going out and buying thousands and thousands of links. Sad enough, it has resulted into a damn situation wherein one often comes with links on the first page of the results that have nothing to do with what he or she wishes to look for.

Now, in the post-patent scenario, often used, misused and overused search engine strategies that paid off in the past, simply seem to be worn-out tools. This patent, which in all its intent strives to make information retrieval on Google on the basis of historical data, will definitely reorient it to dish out results to highly relevant and content heavy sites for a given search term.

So, what are the paradigm shifts by virtue of this patent?

- Google is all geared up to start looking at history very minutely. This, amongst other things, includes the history of your website, the history of individual pages on your website, and the history of links to your website and even pages within it.

- Google is well underway to take into consideration the traffic patterns of your site's visitors. It will sharply focus on things such as length of stay on the page that someone gets through the link as well as how many links, both internal to your site and external to it, get used by a visitor.

- Google has considered it imperative to look at user behavior on your site, and the history or the trend of that behavior. This entails not only what kinds of links are browsed, where they go, and what the link text says, but more specifically user browsing behavior and surfing patterns.

- It is going to look out for new content on existing pages as well as new pages being created. It implies that a content driven site, that people use, like, and come back to, is likely to climb up the rankings.

- Moreover, not only is Google going to begin looking at your site's history and the history of visitors to and from your site, it is also going to be grouping all of their various history trends into a single lump and provide crucial scoring.

Strategies that need a serious rethinking

- People tactically use "content randomizers" in an effort to make Google think their sites are being changed frequently. This strategy seems to be redundant as Google will be maintaining your site's history which is the crux of the new patent.

- Sites will not only need to have links as was customary in recent past, but those links will have to be utilized to be counted.

- Content "freshness" is going to matter crucially as against the past trend. Google is all set to look for "freshness" in not just your own pages, but links to your site as well.

- You can no longer lose sight on your focus in providing your web surfers what they want even though your hitherto engagement in the same yielded some results.

- Google going to scrutinize under its close observation the links to your site, the number of them, where they go. Let alone this, Google will also be tracking click through ratios of those links.

- Your site's "stickiness" is going to be important to your rankings within Google regardless of what you used to resort to get rankings so far.

So, what are the strategic choices before SEOs in the aftermath of this patent?

- Now it is in the fitness of the things that folks that sell "links" on their website should have a second thought why and how they are doing this. The patent specifications precisely call for the links to be actually used by people. So, this explicitly implies that you'll need those links to be well within content.

- With a good mix of content and links off to external sites and pages, you are likely to get most "bump," especially when the links are well surrounded by other content.

- Your Search engine strategy should take care of the fact that new content is added regularly to your site and people are actually staying to read the content.

- It is desirable to keep your pages themed, relevant and most importantly consistent. You have to establish reliability. The days of spamming Google are nearing to an end.

- When it comes to linking, you must clearly avoid the hocus pocus or magic bullet linking schemes.

Let's read writings on the walls before it is too late

- If you participate in quick fix link exchange scams, use automated link exchange software or buy hundreds of links at once, there are pretty chances that Google will interpret your efforts as a spam attempt and act accordingly. So, tread with caution.

- Since Google is capable of tracking the click-through rates to your web site, you have got to make sure that your web pages have attractive titles and utilize calls to action so that web surfers click on them in the search results

- If you stand in need of multi page content changes implement the changes in segments over time. Continue to use your original keywords on each page you change to maintain theme consistency.

- You can simply make significant content changes by implementing lateral keywords to support and reinforce your vertical keyword(s) and phrases. This will also help eliminate keyword stuffing.

- Make sure to determine whether the keywords you're using require static or fresh search results and do update your web site content accordingly. On this point RSS feeds may play a more valuable and strategic role than ever before in keeping pages fresh and right away at the top of the SERPs.

- Webmasters must look forward, plan and mange their domains more tightly than ever before or risk plummeting in the SERPs - Relevant content swaps may be a pretty fine alternative to the standard link exchange and allow you some control of the link page elements

The heart of the matter

This patent is, in fair probability, going to force websites to become much more "customer" centric, and that's always a good thing. The criterion Google has set for search rankings, and the direction search innovation is going speak volumes on Google's exemplary efforts to provide the best search service in the world.

Deepak Sharma is a Web Designer at BlueApple, a Web Design and Development Company with a well connected development infrastructure in India having a strong portfolio with global clientele and offering superior web services and solutions at competitive costs

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Wednesday, January 23, 2008

Trademark Issues in the Mobil Auto Business

There have always been trademark issues and lawsuits in the mobile auto service business. I know this because I own several such businesses. We first noticed a competitor in the Mobile Auto Detailing Business, which had a name "Mobile Auto Services" another "Mobile Oil Change" and still another "Mobile Car Care". Mobil Oil Company was marketing at the time their Gas Station Service Centers as "Mobil Auto-Services" "Mobil Car Care" and "Mobil Auto Care."

Mobile Oil even filed one case against a company in Mobile Alabama, which used the name Mobile in its Auto Service Business. These cases occur more often than you think. Many times infringers do it on purpose to get easier name recognition, while at other times it is just coincidence, either way as the World gets closer together you can bet the problem will become more prevalent and more serious.

If you don't think this is an issue, check out this case with Kellogg's "Tony the Tiger" and Mobil Oil Company's "Tiger Mart." I guess you have to ask yourself "Whoooose Great"

http://www.eura.com/steffen/jura/aktuelles/texte/tony_kellogs_vs_exxon_tiger.htm

Whether or not you agree with the verdicts in these trademark infringement cases, the company with the greatest dollars often is victorious. Speaking of Victorious...Victor's Secrets, an adult store, has won a case where Victoria Secret, a 4 Billion Dollar a year marketer of lingerie, was not entitled to seek a cease and desist from the Proprietor of Victor's Secret, whose real name was Bob or something like that.

In the case of McDonalds, they sue just about everyone with anything even closely resembling their name and they have so much case law now that they usually win everything, you might beat them but it would cost you $190,000 +, as was the most recent case where it went to a very high court and McDonalds won anyway.

We have seen previously in California where Oil Max was taken by a San Diego company and the former Oil Max mobile oil change company changed their name to Oil Maxx, with two X's; unfortunate, but true. In a Trademark case at the Federal Level this would not even be possible, first use has rights, but even a federal trademark must be defended otherwise you lose certain rights to it's use.

Now we see again Where Pitts Stop Mobile Oil Change is using a similar paint scheme to the Pitts Stop for this major C-Store Chain where some offices also have Oil Changing. If they are ever going to be in the same market one company will have to yield if both companies cannot agree, problem being that there is a good chance they will be direct competitors, in which case there could easily be a lawsuit. One company he fixed sites are based in Las Vegas and the other is based in Riverside CA that is fairly close and so far neither company is so big that it matters. In franchising such as in Mobil Service Stations, Brand Name means a lot. So to will it in the future as one or more of these companies might make it to a point where there is a confusion. In a down economy there is also a potential for one or more companies to go out of business thus abandoning any use of such a mark therefore making such an example of this type very irrelevant.

Before you go into an auto business or any business for that matter, check on the use of the names and pay attention, these issues are easy to fix before you start, but once you grow large the costs in loss of brand name recognition if you have to change the name could be in the millions, think about it. I know you will.

Lance Winslow, a retired entrepreneur, adventurer, modern day philosopher and perpetual tourist.

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Friday, December 7, 2007

CHINESE TRADEMARK REGISTRATION - AN ESSENTIAL PRIMER

Though the United States media have published a number of stories deriding China's intellectual property protection, those articles nearly always neglect to mention that in most instances involving trademarks, the fault lies with the foreign company, not with Chinese enforcement. The reality is that many foreign companies fail to register their trademarks in China and thus have no real right to complain about any "infringement" there. To expect protection, foreign companies must register their trademarks in China and the prudent company does this before going in. There are actually a number of people in China who make a living by usurping foreign trademarks and then selling a license to that trademark to the original license holder. Once one comes to grip with the fact that China, like most of the rest of the world, is a "first to file" country, one can understand how easy this usurpation is, and also how easy it is to prevent it. The fact that you are manufacturing your product in China just for export does not in any way minimize the need for you to protect your trademark. Once someone registers "your" trademark in China, they have the power to stop your goods at the border and prevent them from leaving China. The key to protecting a trademark in China is actually very simple: register it in China. China's trademark requirements are actually quite similar to those in most other countries. The trademark must not conflict with an existing Chinese trademark and it must be distinctive. China allows for registration of all marks for goods, services, collective marks and certification marks. China's Trademark Office maintains a centralized database of all registered and applied-for trademarks. Trademark applications that pass a preliminary screening are published by the Trademark Office and subject to a three month period for objection. If there are no objections within this three month period, or if the Chinese Trademark Office rejects the objections as frivolous, the trademark is registered. If the Chinese Trademark Office supports an objection, it will deny the application. Denied applications may be appealed to the State Administration of Industry and Commerce Trademark Review & Approval Board and then to the People's Court. Based on our experience, objections to trademarks are rare. A Chinese trademark gives foreign companies a surprising amount of protection in China. If a foreign company learns that its trademark is being infringed in China, it has a number of actions available to it. We usually advise our clients to pursue a multi-pronged approach to protect an infringed upon trademark and to pursue the infringer. The foreign trademark owner should usually file a lawsuit against the infringer, seeking damages and an injunction stopping the infringer from continuing to sell the infringing goods. The Chinese courts in the more commercialized regions are actually quite willing to enforce China's trademark laws, even for foreign companies. Trademark infringement is a crime in China. For serious cases of infringement, a complaint to the office of the public prosecutor can often result in a criminal prosecution against the infringer. The Chinese police will close the offending operation and seize the counterfeit goods. The courts are authorized to impose both fines and imprisonment. Finally, if the counterfeit goods are destined for export, a notice to the Chinese customs authorities will prevent export of the counterfeit goods. Steve Dickinson is an attorney with the international law firm of Harris &Moure (http://www.harrismoure.com). Steve is based in China, where he focuses on assisting small and medium sized businesses. Steve is fluent in Mandarin Chinese and has been working on China matters for more than twenty years. He can be reached at firm@harrismoure.com.

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