Thursday, January 31, 2013

Thou Shalt Share Photos!

"Stop, Look & Listen" (aka, Weyburn). © ahguillaume 2012.
Interesting, provocative and apologies...

Spectacular and revealing article by Huffington Post writer, Bianca Bosker, posted last night, Jan. 30, 2013.

All those photos that are shared around the globe on the web..... they are very valuable, esp. to advertisers and the companies that host our favorite social media websites, e.g.., Facebook, Twitter, etc.

Below we have included the link to the story itself which is a "must read", as well as a couple of excerpts to foster a dialogue on what continues to stir up issues of copyright, privacy, permissions, media rights, etc.


By Bianca Bosker
Mark Zuckerberg Reveals Why Facebook Is So Desperate For Your Photos


Bottom Line:  "Every photo, Vine or video you post makes it easier for an advertiser to slip theirs in, too."

"'Thou shalt share photos' could well be the first commandment of social media. According to Buddy Media, a Facebook post with a photo will earn 39 percent more interaction than the average post, and tweets that link to images see twice as much engagement as those without pictures."

"For the past year, all the major social media services have taken part in a never-ending spree of makeovers aimed at enticing users to hand over their photos, from filters and camera apps, to photo-heavy profiles and bigger pictures. The explanation for the photo frenzy has centered around the simple fact that people like to look at pictures. So, as people share more of their snapshots, the platform becomes a stickier place." (emphasis added)


Comments & Conclusions:

Interesting, yes.  Why? Because so many people "like to look at pictures."

Provocative?  Absolutely. Why?  Because of the myriad of issues such photo sharing creates, esp. privacy concerns, copyright ownership and social media company - advertiser manipulation and exploitation.

Apologies... perhaps, because as the article indicates, every photo we share makes it easier for advertisers to immerse their content into the mix.  In other words, mea culpa...


William E. Maguire, Esq.
Santa Monica, Calif.

"Silicon Beach". © ahguillaume 2012.

*** This blog post is not intended as legal advice or to replace the subject article referenced but is merely a commentary which aims to facilitate the fair use principles and foster a dialogue on the issues at hand.  We added the photos, well, er, just because..... we like to share photos too.


Tuesday, January 15, 2013

Green Trademark Featured: EarthTalk®

On Monday, Jan. 14, 2013, the newspaper, Santa Monica Daily Press, featured an article about how painting a roof with white paint instead of a dark color can reduce electricity bills.  The article was written and edited by EarthTalk®, which as it turns out, is a registered trademark and service mark for the following goods and services:

•  Syndicated newspaper and magazine columns dealing with environmental issues.


•  Providing a web-site featuring environmental information about climate change and bio-diversity; Providing a web site featuring information about global warming and its effect on nature and the environment; Providing a web site featuring research information in the field of environmental protection.

Substantively, the article indicates that a white or reflective roof typically increases temperatures only 10 - 25 degrees Fahrenheit above ambient air temperatures during the day, whereas a black or dark roof can increase the temp by as much as 90 degrees Fahrenheit.  This is an important statistic, particularly because it is estimated that 90 percent of the buildings in the U.S. are dark-colored.

It is also interesting that the owner of this trademark and service mark sought federal trademark protection.  Certainly, this was a savvy decision on the owner's part so that they would have a strong position to defend their rights against anyone else trying to trade on the fame of their mark or to otherwise using a confusingly similar mark for similar goods and services. 

Additionally, since the article was written by the trademark owner and published in the aforementioned newspaper, it included the following source information with respect to the owner's rights:

EarthTalk® is written and edited by Roddy Scheer and Doug Moss and is a registered trademark of E - The Environmental Magazine (


In conclusion, EarthTalk® is a very good example of a green trademark that has taken advantage of the benefits available from a U.S. Federal Trademark Registration, including but not limited to, presumptive validity and the exclusive right to use the mark, etc.  Another way of putting it is just because someone is keen about protecting the environment this does not mean that you should forget to take steps to protect your proprietary rights.


William E. Maguire

Wednesday, January 09, 2013

What's your favorite new brand?...

We would very much appreciate hearing what you think is a great internet (web, social media, iPad App., etc.) brand or trademark that you have observed, heard about or know of?  For instance, I recently uploaded the "matcha" app. to my new iPad. 

Below is a link to an article that describes this new service which is, from my point of view, sort of a cross between TV Guide  AND  a web gateway to tv and film content available on the web.

We would love to hear from you. Please leave us a comment below.

Thanks very much!

Happy New Year! 


William E. Maguire
Santa Monica, Calif.

***   ***   ***

Tuesday, January 01, 2013

"It's A Whole New Ball Game!"...

Happy New Year!  January 1st, 2013.  

Two Thousand Thirteen!

We heard a great line about this new year being a blank book filled with 365 blank pages...

We really appreciate this metaphor for making 2013 a year to remember: full of memories, goals reached, lessons learned, helping others, laughter, friendship...  the list goes on and on.

Best wishes for a wonderful year !

Kind regards,

Will Maguire
Santa Monica, Calif.

*** "... It's A Whole New Ballgame..."   Great line from the 1995 film, "The American President", starring Michael Douglas, Annette Bening, Martin Sheen, Michael J. Fox and Richard Dreyfuss.