Branding and Trademark Disputes: 7 Things to Keep in Mind

Of the challenges that craft breweries face, the dark cloud of trademark infringement is one of the ugliest for two reasons: a trademark dispute can cost time, money, energy and perhaps the business; and it is reminiscent of corporate industry, which upsets the camaraderie or community aspect of craft brewing.  Yet this cloud persists and can hover over any brewery. If it comes your way, here are some things to keep in mind:

1. While your business is a large personal investment, challenges against your trademark or brand (or accusations towards you of such) should not be taken as a personal attack.  Easier said than done, no doubt, but if this dispute turns personal, it can get ugly and lose focus of the original concern
2. Most trademark infringements, real or perceived, are accidental. With so many breweries in operation today, it is becoming increasingly difficult to find uniqueness in branding, naming and image.  An accused brewery may not intend infringement or harm.  This may sound trivial, but intent draws a line between hostility and honest mistake
3. We all make mistakes, which are, by definition, accidental.  Most of us feel bad when we mess up and the last thing we need is scolding.  The best thing we can do is to learn from them and not admonish others for their mistakes
4. Injuries of social media. Nothing can escalate a dispute more quickly, with more damage, over a wider area, than social media. The reward for using social media is minimal while the impact of damage is almost inevitable
5. Talk it out.  While a cease and desist letter might be required, it is a cold and impersonal communication.  Yet, it is available at any time; if talking does not go anywhere a C/D letter remains an option.  Nothing to lose by talking
6. Get help to talk it out.  This is where OvalOptions can help.  Sometimes disputes become heated exchanges, communication shuts down, and parties run to the courts, bypassing an important, and often overlooked, step.  Mediation and other alternative dispute resolution (ADR) methods provide effective, cost efficient and sustainable solutions without negating one’s right to seek legal avenues.  ADR also helps maintain the communal nature of craft brewing
7. In some cases, litigation may be appropriate.  While this can be a long, drawn-out and expensive option with no guarantee of positive results, it might be necessary.  This is not for OvalOptions to decide or advise.

Conflict Resolution: Painless Profit During a Tough Economy

The most overlooked potential for maintaining and potentially increasing profit during a down economy is to focus on your staff. If you are seeing an increase in absenteeism, tardiness, turnover, passive aggressive behavior, or congregation around the coffee pot, you may have problems. These problems are typically associated with unacknowledged conflict. The conflicts may be caused by things such as personality differences and work stresses and may be between two or more employees, between an employee and a supervisor or any combination of personnel.As a business manager, you may often ignore these conflicts because of their relationship to emotional and stress factors. Left unattended, these unsettled conflicts are robbing your bottom line…big time.Most employee turnover is a result of unresolved conflict. Studies suggest that your cost to replace an employee is between 75-150% of that person’s annual salary. Passive aggressive behavior and related symptoms of conflict are also affecting profit in terms of cost overruns, stolen time, poor quality products, customer dissatisfaction and potential loss of customers.Conflict does not magically go away. As a manager and leader, you must take steps toward resolution. Avoidance is rarely the best solution because when conflict goes unresolved you lose your best employees, not the “problem” employees.Our next article “Five steps to resolve conflict in the workplace” will offer you some advice on how to get started towards conflict resolution.

Resolving Disputes When Logic Collides with Emotion

(Part I of a Three Part Series)We’ve all seen the ad: the stunning model snuggled up to the nerdy, disheveled genius – and we giggle at the dichotomy. But when we deal with conflict between those of us who are “logical” and those of us who are “emotional,” it’s no laughing matter. (For this discussion, let’s focus on the stereotypically obvious, though either gender can have one or both personality traits.)“Facts & Figures” People (“F&F”) revels in his verifiable, tangible data. For him, emotion is secondary; he’s tabulated the correct value of the inheritance, quantified the relevant ratios of a business deal, or the tax ramifications of taking the house in a divorce. To him, his calculations are irrefutable; to question his numbers is to question his integrity, to disrespect his intelligence.“Achy/Breaky’” People (“A/B”) on the other hand, are emotional - feelings based; the numbers be damned – the issue is what’s right or what’s fair. To her, the house isn’t an “asset” – it’s home, pseudosacred – an integral part of her world. To award the house to the other spouse or to suggest its sale is an outrage – it’s wrong. To reject an A/B person’s proposal is to reject her (or him). Usually, the A/B person’s demand is unreasonably high – and I guarantee it’s outside the scope of what F&F has considered. This is because the numbers don’t really matter: it’s what she feels she is owed – at least in her opinion.The problem arises when these two people must interact – as a couple, co-workers, or as employer/employee. Facts & Figures people don’t have time for emotional silliness. They know that in a business deal, workplace dispute or lawsuit, somebody pays or gets paid; they’ve figured out their chances of success or failure, and just want to get on with the business of the bottom line – which means - the numbers that they have already crunched; end of discussion.Achy/Breaky people on the other hand, aren’t sure what they want as a conflict outcome – it depends upon how they feel at the moment: if they’ve been cut out of the will, they feel abandoned, insecure – so, they feel entitled to what whatever they need. If their spouse left them for another, they may be angry and frightened for their financial future. They deserve to be justly compensated for the years of selfless devotion to that miserable soon-to-be ex-spouse. If the boss has given someone else the profitable new project, the A/B person needs vindication. Think of it as “comfort resolution,” – kind of like a warm gooey brownie and a glass of milk at 10pm…In part II, we offer suggestions for the Facts and Figures Person to move forward productively in a dispute with an Achy/Breaky person.Continue to Part II: Cheet Sheet for Facts and Figures Person