The Making of Galactic Gladiators

Stage 1

Originally I wrote a short story to be used as a synopsis and outline for the screenplay that I wanted to write.  Standard procedure before writing the script. By putting down my thoughts on three pages of paper in the form of a short fictional story I established two things, 1) immediate copyright protection and 2) it structured my concept into three acts.  This helped with the writing of the screenplay later.

Stage 2

As I wrote the short story I had to come up with the lead characters – protagonist and antagonist, their friends and henchmen, names for the intergalactic races and describe what each of these creatures looked like.  What kind of worlds do they live on and what structure of governments, mind set, life styles or if they even lived above ground or in oceans of methane.  In a resumes form I wrote out each important item in this sci-fi action adventure. This is one of my favorite parts of developing a brand.  Using my imagination.

This stage took me four months to work out and the writing of the story took about three weeks after this research.  Of course, tweaking and improving the overall concepts happens all the time, even to this day.

Stage 3

I gave the story to friends, family and business associates to gain input and opinions. I gathered up all this data and sifted through the material.   After a couple weeks, I went back to my original story and planned out the beats of the story in a new file within the movie magic screenwriting software.  This laid the framework, the blueprint and I commenced the screenplay. As the writing went on I made positive changes to the basic concept too.

How to decide which ideas to keep and which to discard came down to repeat comments.  First, if I liked an idea I came up with or one from someone else, I would analyze how it could affect the entire story, plot or characters.  If it seemed like a good idea I kept it and incorporated it into the concept.  If the idea did not fit or was questionable, I would run it past people to see what they thought.  If many liked it, I added it to the story, if no one liked it or only a few thought it worthy, I would chuck it.  The idea had to be liked by most of the focus group people to make it into the story.

Stay tuned for the next stages of Developing the Galactic Gladiators brand.

To read Galactic Gladiators Report #1.

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Order my ebook – FROM THE MIND TO THE MARKET – now. It will be available later in 2009. Preorder by contacting  Info@Playdigm.com.

(c) Sandford Tuey All Rights Reserved.

How similar can brand names be?

The courts of Canada and America sometime side with the Passing Off law that precede the Trademark laws we presently have.  This could change without notice so keep you eyes open.

It comes down to making sure that your product’s name does not cause confusion with another product’s Trademarked name.  So how close can you get?

Well you can’t use the same identical Trademarked brand name as some one else’s product that already owns the same Trademark.  Unless your product is Trademarked for a separate niche of products.  So if your product is Trademarked for printed products, you are protected for using your name on anything in print form. However, it is possible that someone else could Trademark the same brand name as yours but in a separate niche, such as clothing or digital wares.  That is why you should try and obtain ‘first use’ in as many niches as possible.

Even if the similar name is in a font and style so that the letter characters look entirely different from the other Trademark, this can still be challenged in court.  In fact, people sue for less these days.

In 2006, the musical group called ‘SUPERNOVA‘ who had produced three albums since 1991, sued CBS and the reality show ‘ROCK STAR – SUPERNOVA‘ because Supernova claimed unfair competition and trademark infringement.

After many years and substantial court costs, all parties came to a settlement.  The original Supernova got to keep their Trademark (no surprise there as they had first use).  But the TV band is now known as Rock Star Supernova.  Similar but enough of a difference that should not cause confusion in the music industry or either groups fans.

Double check your Trademark prior to paying for logos to be drawn up, or letterhead and promotional material and especially before paying a Trademark agent to file the documents to secure your (hopefully original) name.  This can be done by going to the following websites:

www.cipo.gc.ca   -Canadian Intellectual Property Office

www.uspto.gov     -United States Patent and Trademark Office

The Trademark agent will conduct a professional search separate from the free site searchs above and if there is no challenge from other agents, then you will be given the go ahead to protect your Trademark in the countries you want to pay to secure.  Check the websites of every country you want to protect as you have to file separately for each.

Take your time choosing a name and maybe one day, it will be a well know brand around the world.

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Just curious to see what you, the brand creators or publishers and distributors of new and global brands would like me to write about.

Leave a comment or send your questions or suggestions to info@Playdigm.com

If I don’t have the answer, I will seek out the information through my many professional connections.  I look forward to your input!

Sandford

General Motors plans to reduce its number of brands from eight to five. This will see the Hummer at the top of the ‘goodbye’ list because consumers aren’t thirsty for a gas guzzler. Sales for Hummer are down 76% in March 2009 compared with the same month last year.  I wish they would turn this vehicle into an electric car version as this is one brand I would like to own myself, but only if it does not use gasoline.

I owned a Pontiac Firebird in the 1980′s, loved the car just as much as the ladies did. However, the Pontiac auto line is one of General Motors’ worst performers these days and will likely be phased out.  Saturn sales are down almost 60% in March compared with a year earlier.  I wonder if this means the famous Trans Am will be disappearing as well?

G M is trying to sell off Saab but it is not clear whether a buyer will be found or if a buyer will continue to make Saabs for U.S. consumers.

When hurricane Katrina roared through the Six Flags theme park back in 2005, the company states it does not have the funds to repair it. The park is still closed and they are trying to get out of their property lease.  I love theme parks and have enjoyed Magic Mountain Six Flags California many times and to see one park that I have never visited disappear, is a sad day indeed.

Pioneer has decided to not produce any new televisions. This means there will be no more new Pioneer TVs on the market by this time next year (they made great plasma big screens). Another major brand disappearing.

The Twin Cities newspaper is only one of a dozen major North American papers that have either filed for Chapter 11 bankruptcy protection or have closed their doors entirely. Given the current state of the print advertising market we should expect to see even more proof that print is dead.

Kraft Foods announced back in February it would terminate its Handi-Snacks pudding and its Kool-Aid gelatin line. Many companies in these economic hard times are reassessing their products and making decisions with the financial bottom line determining what stays on the shelf or not.

It is common practice to eliminate underperforming brands but isn’t always the best decision to terminate them entirely.  Why you ask?   Because what might be over-saturated in the market place today, could become a huge hit and best seller five or ten years from now.

Every five years there are a new group of five year olds looking for something that their older siblings and parents do not desire or that they want something else just to be different.  Kids will latch onto a brand that the older ones will think childish or out of touch, until it becomes so popular it can not be ignored and then becomes a cultural icon.

I remember when everyone wanted to have long hair and now the teens want short hair or unique styles.  It all comes down to cycles.  One day in the future long hair will be popular again.  Time will prove me right.

Which brands will survive the world wide recession?  Which brands will disappear?  My recommendation is to keep your brand alive, even if it means only releasing limited collectors editions or small runs of products bearing your brand, because one day, it will catch the interest of a new audience and consumers will enjoy it again.  Never let someone else tell you your brand is dead because next year it could be the sleeper hit.

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Bratz in Federal Receivership

MGA Entertainment’s Bratz business was forced into receivership because a  court ruling upheld last year’s $100 million jury verdict against MGA.   Who owns the rights to the doll franchise?

U.S. District Judge Stephen Larson directed the government to decide who and how Bratz dolls will be sold. Larson ordered MGA to stop its sales of Bratz dolls by the end of 2009.  MGA will most likely appeal the ruling.

This four year court ordeal could have been prevented by MGA by first ensuring that Bratz copyright designer Carter Bryant actually owned the rights prior to manufacturing any Bratz products.  The creator of the Bratz brand  and characters was an employee of Mattel at the time and if he signed a Work-For-Hire agreement with the world’s largest toy company, then clearly Mattel owns this intellectual property.

If MGA would have purchased the Bratz rights properly by first establishing that Bryant actually owned the copyright, then this would not be the $100 million dollar mess it has turned into.  The jury awarded Mattel $90 million for breach of contract and $10 million for copyright infringement.

The lesson here for creators of copyright and brands is to protect yourself and what you create first, then make sure any contracts you sign allow for you to continue to design whatever you like without the company you work for automatically owning it.

Read every contract prior to signing and seek legal counsel to ensure it says what you think it says.

My personal opinion is that companies should not own something you invented at 2am while at home, especially if it has nothing to do with what you are working on at work.  I mean, do they own your brain for $20 per hour?  I don’t believe that is fair, so keep an eye on the small print…

Sandford Tuey

Well, I am back from my holiday and the long weekend was a blur of BBQ’s, family and friends.  Which is after all, what life is supposed to be all about.  Hope you all enjoyed your break as we all get back on track.

Those that know me, know that I am a work-aholic.  In my mind, what I do does not seem to be work.  It is something I would do, even if I did not make money doing it.  Mind you, it is great to be paid for it.

So if you love to do something – do it.  Some people say that it is only a hobby until you make money from your efforts.  I don’t agree with that.  If you write a script, you are a screenwriter (although I think a person should have finished one before telling anyone they are).  When you have a screenplay of yours produced – then you become a produced screenwriter.

Look at it this way:  If you allocate time to write a screenplay or develop your acting skills or what ever it is you do, think of this as investment time.  You are building your project step-by-step.  You’ve taken the time to write out your goal and break it down into small tasks so you can achieve that goal.  As you accomplish each step, you will soon reach the goal and most likely, make more goals.

You only have one life and you are in control of it, so do what you love and the money will follow.  If your project does not earn revenue, you are still doing something you enjoy.  There is nothing wrong with that.

I personally know of screenwriters who wrote constantly with their dream in mind but no sales happened until after they completed ten scripts.  Thats a lot of practice/training and time before earning a financial reward for all that work.  I also know of projects that failed in the novel or comic stage, only to be resurrected in another medium to become successful.

So if your screenplay does not sell right away, expand it into a novel or comic and try to market it into different industries. Diversifying your brand is one key ingredient in your project pie and is as important as persistence.

Check out other posts on this site to learn how to develop your brand, even if that brand is you or something you create.  Don’t let anyone tell you can’t do something, because if you put your mind to it, you will one day achieve it or meet someone who will help you get to the next level.

Wishing you the best with your endeavours…

Sandford