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When A Brand Is More Liability Than Equity

February 19, 2013 By 3 Comments

"RIP Brands"Rest in peace, Muzak. Today, your corporate owner announced that they’d be killing you off in favor of the brand name “mood music.” As I quietly hum “Knock Three Times” to myself, I remember some of the other giant brands that have preceded you.

The great PanAm Airlines died an inglorious death in 1991, but it wasn’t so much that the brand name had become a liability as it was a matter of the business failing.  Eclipse Holdings, Inc bought the trademarks in 1993 and made use of the name in a few failed ventures. Now, it somehow has become the name of a railway.

We all know that a brand name can have the power of adding a lot of value to a company. If a generic can of cola sells for 75 cents, and I can sell a can of Acme Pop for $1.50, I have a price premium of 75 cents.  That can add up to a lot of money.

Every so often it happens in reverse.  I might have a care that I can sell for $12,000, but by slapping a brand new Edsel logo onto the side panel, I might lose a lot of that value even before driving out of the showroom.

Like the PanAm name, it isn’t unusual for iconic trademarked names to land on the auction block.  In one such brand auction in 2010 , the likes of Shearson, Meister Brau, and Handi-Wrap all went for under $50K each, while for about a thousand dollars, you could have been the proud owner of such forgotten brand names like Computer City and Allied Signal.  My favorite was Collier’s which was purchased by a college student from Philadelphia, who has, in fact, resurrected Colliers.

RiverWestBrands is a company that is one of the buyers of these old iconic brands. They are the proud holders of Bonwit Teller, Eagle (as in pretzels, remember?), and Brim (coffee). They’ve been able to make a case that these names can still create additional value.

It can be difficult to understand, sometimes, why a great heritage brand is killed off. Last year, the Shottenstein Property Group relinquished its attempt to revive the grand old Steuben brand name of crystal. Corning quietly took the name back, but apparently has no plans of reviving the brand name at this point. It’s not difficult to understand that the revenue they receive from Corning® Gorilla® Glass (the glass on your iPhone) far exceeds anything they’d ever make from the Steuben luxury brand.

So, Muzak, we salute you!  But if they ever decide to bring back Burma-Shave, I’m going to be using it, and singing the Girl From Ipanema.

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The Value of Integrity

August 17, 2012 By 2 Comments

"Integrity"Skechers recently agreed to settle a class action lawsuit about its “Shape-Up” shoes to the tune of about $40 million dollars. At issue were claims that the shoes would tone your muscles without having to go to the gym. Their brand ambassador Kim Kardashian fawned on the shoes in commercials on TV and magazines – and it was wildly successful from a sales perspective. The problem was that their claims were bogus. Accompanying documentation described that a proper diet and other provisions would have to be adhered to in order to achieve the intended results, but even their fine print disclaimer couldn’t abdicate Skechers of their responsibility for their lie.

Here’s my dirty little secret: I have a pair of Shape-Ups and I love them. I didn’t get them for the passive fitness benefit, but at the time I had been carrying my two-year old on my back (for about two-years, actually) and my back and feet were sore. The Shape-Up shoe is one of the coziest walking shoes I’ve ever worn and were the only shoes that I could comfortably walk in. They have a thick, cushioned center that is like walking on lotion (I have to credit Aziz Ansari for that simile). I am no more toned than when I got the shoes, but that was never my intention. I love Shape-Ups and would buy them again.

I know first hand that Skechers Shape-Ups are an extraordinarily product. I also know that a promise of passive fitness benefit is a huge marketing opportunity. Only one of those claims is authentic though, and Skechers opted for easy money at the expense of their integrity. One only needs to read through the press releases of most corporations to understand that Skechers took the road often traveled, and it’s both a sad state for these businesses and a huge opportunity for businesses that preserve their brand reputation. Whether in social media, traditional media, or in our everyday lives, brands with integrity are special. The Shape-Up shoe had the potential for that for Skechers but they chose the low road.

In the blogosphere, John Boyle’s “BrandFlair” sets the bar for integrity. His ethos is the absolute opposite of Skechers, and what I’ve appreciated about his work over the past year both in reading his blog and from getting to know him through social media is that he approaches branding and social with a “white-hat” mentality. Some might propose his Seattle upbringing or Jesuit education flavor his viewpoint (two things we share), but regardless of what influenced him John has built his brand with an integrity and sincerity that I deeply admire. I want to publicly wish Brand Flair a happy anniversary and many more years advising us how to build brands the right way and how to strengthen the trust we receive with meaningful social touch points.

And a sincere thank you to John for the work you’ve put into the site and your social media presence. The mark of a true leader is leadership by example – and true leader is an apt description for you and your work. Congrats!

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Leadership and Longhorns – Reloaded!

August 16, 2012 By 2 Comments

"Longhorn Helmet"I am very excited about my first guest post for John Boyle’s BrandFlair blog.  John and I share a few passions:

1. Love for Austin, TX and the Lonestar State.
2. Exhilaration/Exasperation while following University of Texas (UT) Longhorn Football (Hook ‘Em).
3. Grilling/Smoking just about anything – preferably with a cold one within arm’s reach (Shiner Bock, anyone?).

I am here to be both a realist and an optimist while comparing UT Football to company leadership. Both of these fine entities hope to follow the same path:

Aspire to Greatness → Achieve Greatness → Reload, and Do It Again

From 2001 to 2009, the Texas Longhorns won at least 10 football games each season. In that span, they won the National Championship in 2005, and they had a legitimate shot at another National Championship in 2009 before Colt McCoy was hurt in the first quarter. Fans of the 45-35 win over Oklahoma will even argue that Texas should have played for the National Championship in 2008!

Texas aspired to greatness, they achieved greatness over a long tenure, and then along came 2010 and a 5-7 record! What happened?!? Leaders and key players moved on to the next level.

Star players like Vince Young, Jamaal Charles, Brian Orakpo and Colt McCoy went to the NFL. Will Muschamp went from “head coach in waiting” at Texas to head coach for the University of Florida. Succession plans stumbled, the players/coaches left behind felt the weight of missed expectations, and the dreaded “rebuilding” word reared its head.
We experience similar circumstances within successful organizations:

  •   Key project contributors get bumped up into a management role or hired away from us to pursue that “perfect opportunity.”
  •   Key leaders on our management team get impatient with the succession plan, and they strike out on their own or get stolen away by other  companies who can fast-track them to their leadership goals.
  •   Our blue chip hires prove to be more suited to complementary roles versus leadership or innovation.
  •   Our fans – our clients – let us know we are missing their delivery expectations as we work through these transitions.

So how do we approach this rebuilding process, and reload for another long run of success?

1. Always Recruit the Blue Chips – Your recruiters should always be on the lookout for the next superstars. This might be graduates right out of college who embrace and pursue the efficient use of new technology, or juco transfers who have proven themselves within competing organizations and are looking for the next challenges.
2. Maintain a Winning Program – Success breeds success, and everybody wants to play for the winning team. The University of Texas annually has a top-5 recruiting class because they have a tradition of success while preparing players to play at the next level (the NFL). Build your company for sustainable success, and the recruits will choose you over your competitors. They are also less likely to transfer to another program as they witness your continued commitment to success.
3. Grow Talent Within – Signing top recruits is crucial. Grooming them to take on greater responsibility is the next step. You should also provide training for your assistant coaches – your managers and directors – so they feel appreciated and equipped. As more senior employees and leadership move on, this well-groomed next generation can step into leadership roles without breaks in continuity.
4. Define and Execute a Succession Plan – Blue chip players want to know their timeline for getting their chance to shine. Productive assistant coaches want to know when they get a chance to take on a greater role, and recognition, for the team. Employees and management team members feel the same way. Provide them a clear, performance-based strategy to help them reach their career goals.

Is your organization in the midst of a long run of success? Are you focused on recruiting and growing young talent? Does that talent have a clear picture that matches their career goals? We would love to get your comments!

 

Home page banner image courtesy of DaveWilsonPhotography licensed via creative commons.

Feature image courtesy of Dominick27 licensed via creative commons.

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Lifetime Leadership Lessons Taught By Scouting

January 30, 2012 By 3 Comments

scoutingThe world is full of leadership advice and best practices for becoming an effective leader. Leadership traits are not
something you learn in a quick crash course, or claim by adding a few letters after your name. Leadership is learned
at a young age, and comes in many forms.

Some of best leadership lessons I learned in life were as a Boy Scout. One of the very first things you learn and begin
living by is the Scout Law. The Scout Law was created in 1910, and adopted in 1911 in its present form, and is made up of 12 points focused on instilling ethical behavior and developing character.

When I first decided to write this post using the Scout Law as an outline I thought I would comment on each one, but the more I re-read them the more I they stood on their own and were applicable to anyone looking to improve leadership skills. When reading these, feel free to replace “Scout” with “Leader.”

1. A Scout is Trustworthy

A Scout tells the truth. He is honest, and he keeps his promises. People can depend on him.

2. A Scout is Loyal

A Scout is true to his family, friends, Scout leaders, school, and nation.

3. A Scout is Helpful

A Scout cares about other people. He willingly volunteers to help others without expecting payment or reward.

4. A Scout is Friendly

A Scout is a friend to all. He is a brother to other Scouts. He offers his friendship to people of all races and nations, and respects them even if their beliefs and customs are different from his own.

5. A Scout is Courteous

A Scout is polite to everyone regardless of age or position. He knows that using good manners makes it easier for people to get along.

6. A Scout is Kind

A Scout knows there is strength in being gentle. He treats others as he wants to be treated. Without good reason, he does not harm or kill any living thing.

7. A Scout is Obedient

A Scout follows the rules of his family, school, and troop. He obeys the laws of his community and country. If he thinks these rules and laws are unfair, he tries to have them changed in an orderly manner rather than disobeying them.

8. A Scout is Cheerful

A Scout looks for the bright side of life. He cheerfully does tasks that come his way. He tries to make others happy.

9. A Scout is Thrifty

A Scout works to pay his own way and to help others. He saves for the future. He protects and conserves natural resources. He carefully uses time and property.

10. A Scout is Brave

A Scout can face danger although he is afraid. He has the courage to stand for what he thinks is right even if others laugh at him or threaten him.

11. A Scout is Clean

A Scout keeps his body and mind fit and clean. He chooses the company of those who live by high standards. He helps keep his home and community clean.

12. A Scout is Reverent

A Scout is reverent toward God. He is faithful in his religious duties. He respects the beliefs of others.

My positive memories and experiences were because of dedicated parents and their commitment to kids on a local level. As a result many of us (myself included) earned our Eagle Scout Award. Scouting is fantastic and so are these 12 points. Hopefully we can all leverage them in our own lives, teach them to our children and even send them as a reminder to “leaders” running this country. The world would be full of true leaders and a better place.

 

 

 

Originally published on 12 Most -  January 20, 2012.

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The BrandFlair Manly Holiday Gifts for 2011-2012

December 14, 2011 By 25 Comments
"manly wrapping"

"Manly Gift Wrapping Job"

 

Happy Holidays and welcome to the first annual BrandFlair Most Manly Holiday Gifts list. Woot! Men are notoriously hard to shop for and when we are asked what we want we usually reply with the usual shrug of the shoulders and “I Dunno.”

The fact is men want manly gifts. Stuff that we think is cool but that everyone else just doesn’t understand. So if you need help shopping for your man take a look through this list and pick out a manly gift for the holidays or any special occasion. Chances are if you think it is weird, he will love it!

Please note that I have linked each gift using Amazon Associates and will donate all proceeds from any BrandFlair Most Manly Holiday Gifts purchases to Fuzzy Friends Rescue in Waco, Texas to help support their fabulous efforts rescuing, caring for, and placing cats and dogs into good homes here in Central Texas. We are looking to adopt a new fuzzy friend from them and it is a wonderful organization if you wish to make a donation.

The BrandFlair Manly Holiday Gift List Revealed on The Bruce Sallan Show!

Audio: BrandFlair’s Most Manly Holiday Gifts on The Bruce Sallan Show – Part 1  (mp3)

Audio: BrandFlair’s Most Manly Holiday Gifts on The Bruce Sallan Show – Part 2 (mp3)

1. Grillin’ & Chillin’  – Smoker and BBQ Gear

Men love food.  We love cooking it, serving it and eating it.  These four gift ideas are taken from my “Tasty Tips for Fantastic Home Barbecue” post and all are winners.  I personally have this Weber Smokey Mountain and Chimney Starter (two actually) and have the gloves and book on my personal manly gift list.

 

        

 

2. Kitchen Gear – Margaritas and Mangos

Yes beer is manly but how many pint glass set do guys really want and need.  This margarita machine will crank out fun frozen drinks in the man cave (type and strength is up to you).  Margaritas are not manly you say?  Not true.  Like any good cocktail it is all in the recipe.  The mango cutter is something that I picked up and seriously use all the time.  Go buy a mango from the store and try cutting it with a knife.  You will quickly understand the value in this kitchen tool.  Plus it works (unlike apple cutters) and mangos are awesome!

 

"OXO Mango Cutter"

OXO Mango Cutter

   

3. Build Stuff – Lego Desk Calendar

During our family trip to Disneyland I found this in the Lego shop.  Men love to build things, loved Lego as boys and we never need another desk calendar ever again.  I have mine on my desk here at Dell and rebuild it every month.  Crazy and cool!

 

"LEGO Brick Calendar"

LEGO Brick Calendar

 

 

4. Skate Tough – Longboard, Kahuna Big Stick, Chuck Taylors and Helmet

I loved skating when I was younger and still have my board and Chuck Taylors.  Classic shoes for a classic sport.  Cool thing about this gear is you can get a great workout while chilling out and cruising through the streets.   Any man can kick back and enjoy this gear and of course real men wear helmets!

 

        

 

5. iTunes..NOT! – AC/DC Essentials

Fact:  AC/DC rules.

Fact: Angus Young is the Honey Badger of Rock n’ Roll.

Fact: You will not find any AC/DC albums or songs on iTunes.

This is because Angus and crew do not believe that the albums should be broken up and songs sold as singles.  They also don’t need to sell their music on iTunes.  These are the four albums I would buy for your man to rip into his iPod.  If you have to pick one…get Back in Black.

 

        

 

6. Protecting His Pack – VueZone (#DadChat Sponsored Item)

Bruce Sallan (@BruceSallan) adds this gem to this years list. One of Bruce’s favorite gift ideas for the season is the VueZone personal video network, a wireless monitoring system that enables families to stay connected to their homes, kids, and pets from anywhere at any time. In a nutshell, VueZone is a system of miniature cameras that stream live video to your smartphone or any PC or Mac. From dads who want to see their families while traveling for business or want to make sure kids are doing their homework while they are out running errands, VueZone makes video monitoring simple.

 

vue-zone-440

Vue Zone 440

 

7. Manly Shows – The Band of Brothers/The Pacifc & The Walking Dead

The Band of Brothers is a classic book to read and hands down the best made for television mini series I have ever seen.  This collection includes the newer series about the war in the Pacific and belongs in every mans collection. You will find him watching it again and again for many reasons.  It helped me understand a bit more about my grandfather’s (Major Robert L. Boyle Sr.) world as a young man the war he served in.

Zombies hold a special place in the hearts of many men and zombie movies are some of the most popular horror movies ever.  Sad thing is many of then are not as great.  That all changed when AMC brought Robert Kirkman’s comic series to the small screen.  The Walking Dead is a fantastic series packed with zombie punch, bite and drool (the slow type from the classic Night of the Living Dead).

"Band of Brothers. Photo by: David James"

  

 

8. Jam Session – Amplitude iRig and American Fender Stratocaster

Every man wanted to be a rock star at some point in their lives.  Many still have an old “axe” lying around the house but sadly do not own a working amplifier.  The Amplitube iRig is a great gift to get instead of an expensive amp.  With iRig you can plug your guitar into your iPhone/iPod touch/iPad and jam anywhere.  You can choose to shred on a Marshall or Fender Twin and add effects like distortion, chorus, delay and more!  I picked one of these up this year and love it!  Headphones are a must add.

For the man who does not have a great guitar but deserves the best, nothing is as classic as the Fender American Standard Stratocaster® Electric Guitar with 3 Tone Sunburst and a Rosewood Fretboard.  It is a classic wielded by Jimi Hendrix, Eric Clapton and Stevie Ray Vaughan and one every man would be proud to own.  Think of it as the Tiffany of electric guitars.

 

"Fender American Deluxe Stratocaster HSS"

Fender American Deluxe Stratocaster HSS

  

 

8. The Power To Do More! – Dell XPS 17 Laptop

I love computers.  Fact is (full disclosure) I work for Dell and love it!  My current laptop is a robust Latitude loaded with power and goodies and it works great but my personal man gift list would have to include a loaded Dell XPS 17 Laptop.  A manly configuration would be an Intel i7-2630QM processor, 8GB RAM, 17.3in FHD WLED AG (1920×1080) Screen, NVIDIA GeForce GT 555M 3GB graphics with Optimus (think games), 1TB 7200 RPM Hard Drive (Say it again – One Terabyte…Aawwww yeah!), Tray Load Blu-ray Disc BD-Combo and Windows 7 – 64 bit OS.

I like the Dell XPS models because they are workhorses for business and fantastic gaming machines in one.  What more could a man want?  Did I mention One Terabyte? Aawwww yeah!

Finally ordering through Dell is great because you can configure the new XPS or any Dell computer the way you want it to meet your needs.  So give a guy “The Power To Do More” and get him an XPS 17.  The most spendy item on my list this year but worth it!

 

Dell XPS 17

Dell XPS 17

 

9. Tool Time – Dewalt 18v Drill & Craftsman 154 Piece Mechanics Set

Tools and gift cards to Lowe’s and Home Depot are standard man gifts.  The problem is most of the tools men get are lawnmowers, leaf blowers, weed eaters and “practical” things that scream “time away from the football game” and “honey do list.”  Gift cards 99.9% of the time are spend on home projects that pop up and not on what a guy just wants to buy for the workbench.

Two great gifts sure to please any guy and make him grunt like Tim Allen in Tool Time is the Dewalt 18v Drill and Craftsman 154 piece mechanics tool set.  No weekly chore is dependent on on either of these gifts and every man loves power tools and mega uber useful tool sets.  You cannot lose gifting either or better yet both of these.  Think of them as Nordstrom Bags and Belts for dudes.

 

  

 

10. Fitness & Training – Polar FT4M Heart Rate Monitor

There are many things in life deemed manly by popular culture but let’s face it, working out is not really one of them.  Well pop culture is wrong.  Taking care of ourselves so we can feel good (and more manly) and live long happy lives to enjoy family and friends is pretty awesome and something I could work on more in 2012.  One of my favorite health and fitness Tweeps Heather Frey (@SmashFit) introduced me to the wonders of heart monitors.  This thing keeps track of your fitness improvements, heart rate and calories burned.  Guys like data and Polar delivers.  This  is a basic model to get started down the fitness track in 2012 but it is all most guys need anyway to get started.  Plus when we all get really in shape and do Iron Man triathlons weekly we can do something else guys like to do.  Upgrade technology!

 

 

11. Game on! – Wilson NFL Football

Every guy needs a good football.  Nuff said!

 

 

Thanks to Bruce Sallan (@BruceSallan) of the Bruce Sallan Show and #DadChat for hosting this years live launches of  The BrandFlair Most Manly Holiday Gifts via radio and Twitter.

“The Bruce Sallan Show – A Dad’s Point-of-View” is broadcast live each Thursday from 11:06 a.m. – noon, PST and repeated Thursday evenings at 9:06 p.m. and Saturdays at 12:06 p.m. It can be heard on KZSB AM 1290 in Santa Barbara and via live stream over the Internet.  #DadChat is every Thursday night from 6:00pm – 7:00pm PST on Twitter.

 

 

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Grrrrrrrreat Social Media Breakfast Brands

December 2, 2011 By 7 Comments

"Special +K"Sometimes random conversations spawn random thoughts that in turn develop into random ideas. This happened recently when I discussed breakfast brands and slogans with co-workers while reading a blog post about Twitter hashtags. Something in my brain put the two together and a tasty social media cereal was born. Being a branding guy I found it fun to not only expand the list but to match each tasty offering with a fun tagline.

My endorphins started racing so I decided to share them with the socialsphere. Enjoy!

 

1. Honey #Hashtags

“We’re gonna tempt your tummy, with the taste of ‘tags and honey”

2. Fiber +1′s

“Tastes so +Good, you’ll forget the +Fiber.”

3. Cookie Klout Crisp

“Silly Perk, Klout is for kids!”

4. “Like” Crispies

“Like, Follow, Poke…into your morning!”

5. Facebook Flakes

“Show’em you’re a ‘Liker,’ Show’em what you can do, the taste of Facebook Flakes, brings out the ‘Liker’ in you!”

6. Twheaties

“The Breakfast of Tweeters!”

7. Lucky Blogs

“They’re Magically Bloglicious!”

8. WordPress Pops

“Gives every post a POP!”

9. Cocoa Circles

“Tasty chocolate networks in every bite”

10. Special +K Algorithim Clusters

“You can make a game out of Tweeting every Topic in sight.  “Kloutastic!!! That Algorithm’s alright!”

11. Frosted Follows

“Facebook tested. Follower approved.”

12. Sugar Stumbles

“Sugar loving Stumbler’s just can’t get enough!”

 

So, there you have my list. Let’s have fun with this one. What social media cereals and slogans can you create?

 

John Boyle is the Lifestyle Editor and a Contributing Author for 12Most.com.  This post originally ran on 12Most on November 25th, 2011.

 

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#SXSW plus #HomeAway equals Love

November 29, 2011 By 3 Comments

"The Love"

People are already gearing up for South By Southwest (SXSW) 2012 in Austin, Texas after the first wave of speaker, performer and film announcements were posted in November 2011. The #SXSW Twitter hashtag has been alive with anticipation for one of the premier annual festivals for Music, Film and Technology and Interactive content. People stream to Austin for the festival every March from all over the world and hotels fill up fast. Attendees are already running into obstacles finding lodging using the traditional online travel sites.

 

Enter the “@Brandflair Theorem:”

SXSW + HomeAway = Love

 

While many reading this are familiar with SXSW and the lodging challenges each year, you may not have heard of a little Austin diamond in the rough called HomeAway. Truth be told, they are not a small fledgling start up. To the contrary, HomeAway is one of the most successful small to mid-size businesses to call Austin home in the past decade (word is they are a great employer as well).

In their own words “HomeAway is the world’s leading online marketplace of vacation rentals, with sites representing more than 625,000 paid vacation rental home listings throughout more than 145 countries.” This includes Austin, Texas. But wait, there is more. HomeAway also operates BedandBreakfast.com which is another rich source for finding lodging alternatives.

What does this mean to you? If you are traveling from out of town to SXSW this year these are great resources to help book some cozy local homes for the time you are here. If you live in Austin it may be a great opportunity to extend Texas hospitality to those from out of town and earn some dollars on the side.

Finally, I have not heard of any official partnership between SXSW and HomeAway. I did mention the idea to some friends who work for HomeAway but we all know how some things get lost in the shuffle. No matter. As long as this post provides a few SXSW attendees and Austinites help with the festival housing crunch it is a win-win!  Just remember to please leave your accommodations and Austin better than you found them.

@BrandFlair Theorem proved!

Links:

SXSW Home

HomeAway

BedandBreakfast.com

 

Note: I am in no way affiliated with SXSW or HomeAway.  But do me a favor and post back if you find a place to stay after reading this post.  Would love to know how this helped people out.

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Occupy East Capitol Street… Not Wall Street!

October 12, 2011 By 12 Comments

"US Capital Building"There has been a tremendous amount of coverage and outrage on the airwaves and in the “socialsphere” this past week about “Wall Street Greed”. Protesters want the 1% to shed their wealth and redistribute it to the other 99%. While Wall Street is not perfect, large companies at least produce goods, services and create jobs. Medium and small businesses are the bread and butter of our economy and are trying to stay in business in a tough economy while adjusting for actions hostile to free markets and capitalism from our Federal Government.

A better target for the “Occupy” protesters who really do care about the issues would be D.C. (Capitol Hill, White House, The Fed, Justice Department, IRS, etc.). The U.S.government has wasted billions of taxpayer dollars (your dollars) on bank bailouts (Bush), ineffective jobs programs (Obama), and poor energy “corporate loans” (Obama).  Big government is the problem not the solution.  Congress controls tax laws not corporations.

Here are three examples of 100% pure federal government waste of your hard earned dollars.

1. $535 million

“Loan guarantees” from the Obama administration to Solyndra, the solar energy company that laid off 1,100 workers and filed for bankruptcy in September 2011.

2. $9.6 billion

Annual cost of Medicare errors and improper payments. This is the amount of money we lose to fraudulent claims and other improper payments. Republicans and Democrats have failed to stop this money from hemorrhaging.

3. $829.1 million

Annual cost of Community Oriented Policing Services (COPS), a program created under Bill Clinton to put more police on patrol and reduce crime. Good idea but it has faltered and audits show massive fraud, abuse and waste.

These three examples of government waste alone total almost $11 billion dollars and there are hundreds of other examples. By comparison here are the annual profits of five of the largest Fortune 500 companies.

General Electric – $11.6 billion

Apple – $14 billion

Johnson & Johnson – $13.3 billion

Philip Morris International – $7.3 billion

General Motors – $6.2 billion

In addition, here are 10 salaries for those who “serve” us in the United States Federal Government. The lowest annual salary on this list is far more than most executives are paid in the private sector.

1. President: $400,000 per year, including a $50,000 expense allowance

2. Past-Presidents $199,700 per year “pension”

3. Vice-President: $230,700 per year

4. Cabinet Secretaries: $199,700 per year

5. House and Senate Members: $174,000 per year

Note: there are 100 Senators and 435 House members – leadership positions get paid more but this is the base annual pay.

6. Senate Majority Party Leader – $193,400

7. Senate Minority Party Leader – $193,400

8. Speaker of the House – $223,500

9. House Majority Leader – $193,400

10. House Minority Leader – $193,400

Remember that these are salaries being paid to individuals who ran to “represent” and “serve” us at the Federal level. Many of these representatives fall in the 1% the protesters are targeting yet they do not decline to accept the annual wage as it is their right to do.

Wall Street is not perfect and I am not claiming so. I do not support sweet deals like million dollar executive golden parachutes. I dislike Hedge Funds and short selling practices. All of which add little value to the long term health of our markets and economy.

But for all the faults of Wall Street it is hypocritical for any American to protest productive job producing private sector companies when we are not even holding the one “company” we all manage accountable to those same standards. In other words, “We The People…” should focus these energies on cleaning up our government waste and corruption. It is our right and responsibility regardless of what “side of the aisle” your beliefs reside.

Occupy Washington D.C not New York, Boston, Austin or San Francisco. Occupy East Capitol Street and Pennsylvania Avenue not Wall Street. But before you leave your current location to address the real problem, please pick up after yourselves, thank the police for the long hours keeping order and give back to the small business owners who opened their doors (restrooms) to you all. Trust me…it only helps your cause!

So what do you think? Who is your target now? Companies that earn a profit equal to three examples of government waste or “Pork Incorporated” on East Capitol Street?

 

 

 

Statistics from Citizens Against Government Waste and the Forbes Fortune 500.

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Significant United States Labor Laws

September 12, 2011 By Leave a Comment

United States LaborThe first Monday in September is a United States federal holiday observed since 1894 that celebrates the economic and social contributions of workers. This holiday is called Labor Day.

Many Americans have come to know Labor Day as signifying the end of Summer, beginning of a new school year and the kickoff of football season. While these events coincide with Labor Day weekend, it is important we pause to reflect the importance of the working men and women as well as children who are free to still be children and not forced to work. The road we have traveled to arrive at this point has been a long rough journey and these twelve labor related laws have helped shepherd us to this point.

1. Constitutional Amendment 13 – Slavery Abolished. Ratified 12/6/1865

“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Congress shall have power to enforce this article by appropriate legislation.”

This tops the list in my opinion as it outlawed the most criminal and inhumane practice in our history. Not just a law but a full blown amendment to change the United States Constitution to include all men and women. The way it should have been written the first time!!!

2. Constitutional Amendment 19 – Women’s Suffrage Ratified 8/18/1920

“The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation.”

Not a direct labor law, but without the right to vote, women had no voice in electing those who would set the course for labor in the 20th Century. This amendment along with historical circumstances such as World War II accelerated the inclusion of women in our workforce. Fortunate for us!!!

3. Family and Medical Leave Act (FMLA)

Requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or a spouse, child or parent.

4. Comprehensive Omnibus Budget Reconciliation Act of 1985 (COBRA)

This gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events. Qualified individuals may be required to pay the entire premium for coverage up to 102 percent of the cost to the plan.

5. Health Insurance Portability and Accountability Act (HIPAA)

This act provides rights and protections for participants and beneficiaries in group health plans. HIPAA includes protections for coverage under group health plans that limit exclusions for preexisting conditions; prohibit discrimination against employees and dependents based on their health status; and allow a special opportunity to enroll in a new plan to individuals in certain circumstances. HIPAA may also give you a right to purchase individual coverage if you have no group health plan coverage available, and have exhausted COBRA or other continuation coverage.

6. Fair Labor Standards Act (FLSA)

This act prescribes standards for wages and overtime pay, which affect most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. For nonagricultural operations, it restricts the hours that children under age 16 can work and forbids the employment of children under age 18 in certain jobs deemed too dangerous. For agricultural operations, it prohibits the employment of children under age 16 during school hours and in certain jobs deemed too dangerous.

7. Occupational Safety and Health (OSH) Act

Safety and health conditions in most private industries are regulated by OSHA or OSHA-approved state programs, which also cover public sector employers. Employers covered by the OSH Act must comply with the regulations and the safety and health standards promulgated by OSHA. Employers also have a general duty under the OSH Act to provide their employees with work and a workplace free from recognized, serious hazards. OSHA enforces the Act through workplace inspections and investigations. Compliance assistance and other cooperative programs are also available.

8. Whistleblower Protection

Most labor and public safety laws and many environmental laws mandate whistleblower protections for employees who complain about violations of the law by their employers. Remedies can include job reinstatement and payment of back wages.

9. Uniformed Services Employment and Reemployment Rights Act

Certain persons who serve in the armed forces have a right to reemployment with the employer they were with when they entered service. This includes those called up from the reserves or National Guard.

10. Veterans’ Preference

Veterans and other eligible persons have special employment rights with the federal government. They are provided preference in initial hiring and protection in reductions in force.

11. Worker Adjustment and Retraining Notification Act (WARN)

WARN offers employees early warning of impending layoffs or plant closings.

12. Federal Mine Safety and Health Act of 1977 (Mine Act)

This act covers all people who work on mine property. The Mine Act holds mine operators responsible for the safety and health of miners; provides for the setting of mandatory safety and health standards, mandates miners’ training requirements; prescribes penalties for violations; and enables inspectors to close dangerous mines. The safety and health standards address numerous hazards including roof falls, flammable and explosive gases, fire, electricity, equipment rollovers and maintenance, airborne contaminants, noise, and respirable dust. MSHA enforces safety and health requirements at more than 13,000 mines, investigates mine accidents, and offers mine operators training, technical and compliance assistance.

These are just a handful of the important labor laws to choose from but ones I felt were most relevant and significant to today’s labor force. My grandfather, Paul Cline, used to say “Good things come from hard honest work.” I think the United States is great country so thank you to all the men and women in our history who worked so hard to get us to this point. Have a safe and relaxing holiday. You deserve it!!!

 

Note: Source for exact details of each act mentioned is the United States Department of Labor.

 

Photo courtesy of mstahlphoto. Used under creative commons, some rights reserved.

This Post by John Boyle origionally published on 12Most.com

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Protecting Your Brand With Trademarks, Copyrights and Patents!

August 31, 2011 By 3 Comments

Patents, Copyrights and Trademarks
 
 
 
 

“Who steals my purse, steals trash . . .;
but he that filches from me my good name
robs me of that which not enriches him
and makes me poor indeed.”

-  Othello,  Shakespeare

 

What is a Trademark?

A trademark can be words, devices, symbols or a composite of any two or more. It can also be sounds, smells, colors, buildings, package shapes. A trademark helps distinguish your goods or services from others. There is no requirement to register a trademark to be protectable but registration does increase protection. Trademark registration is cheap, but it’s not automatic. The cost is on the order of $1000 for a typical application, and an additional $3000-$5000 in prosecution to achieve registration.

Pros: Relatively inexpensive; term is in force so long as used in commerce.

Cons: Non-use, non-enforcement can destroy mark (e.g., Escalator, Linoleum, Kerosene, Cellophane, Thermos, Aspirin, Yo-Yo and Bikini).

What is a Copyright?

A copyright can be literary works, motion pictures and other audio visual works, musical works (including accompanying words), sound recordings, software, plans and designs, semiconductor masks, etc. Registration enables suit against unauthorized copiers in Federal Court and discourages some copiers. Registration is not necessary to use the ©, but is good evidence that you were the first to write, compose, draw or code a particular work.

Pros: Relatively inexpensive, on the order of $1000 for a typical group of registrations, and copyright term is long (life of author + 70 years).

Cons: Thin form of protection; infringement only when expression copied.

Copyright and trademark registrations are “no brainer” business decisions, if they are appropriate. But we need to think hard about patents.  The costs are high so why would we spend that much money for a patent?

Why would I want a patent?

1. To stop others from making, using, or selling your invention.
2. Licensing revenue makes money on your innovation, no matter who is selling it.
3. Marketing the product itself, because we all know that “patented” means “better.”
4. Increasing your company’s valuation.

Apply for a patent immediately unless you want to keep it secret or never want a foreign patent. A patent application should be made within one year (or less) from any public use of invention, offer to sell invention or publication describing the invention. Failure to apply for a patent within one year from any of these events will bar you from ever getting a patent on the invention. The nature of a patent is a complete disclosure of the invention and a 20-year monopoly on it.  Whether this a patent is a good deal, depends on your industry and is determined by pace of change, detectability and reverse engineering.

According to the 2008 Berkley patent survey of entrepreneurs, 76% of venture backed entrepreneurs and 67% of all entrepreneurs say patents are absolutely vital to obtaining funding. In Hsu and Ziedonis’ (2008) fixed-effects regression analysis of 813 financing rounds by 269 American semiconductor firms they found that a doubling of a company’s application stock is associated with a 28% increase in pre-money valuations which translates to a value of $2.3 million per patent in 2008 prices. They also found that the signaling value of patents is greater in earlier financing rounds.

The patent term starts on the issue date and ends twenty years from the earliest effective filing date. A patent grants you the right to exclude others from making, using, selling, offering to sell or importing your invention. It prohibits all use, not just copying.

Pros: Strongest form of protection (protects ideas, not expressions); covers innocent infringers; term is reasonable (20 years from filing date).

Cons: Relatively more expensive and time consuming to obtain and potentially could be on the order of $10,000-$15,000 for an application, and an additional $10,000-$25,000 over five years to get the patent to issue.

Note: The information provided in this post is not legal advice and I am not an attorney. If you want legal advice, please contact a licensed Intellectual Property (IP) attorney in your state who is in good standing with your State’s Bar and seek to establish an attorney-client relationship.

 

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