Trademark September 2010 Prosecution Lunch

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Woodard, Emhardt, Henry, Reeves & Wagner, LLP

Topics covered in this month’s trademark prosecution presentation include a discussion of the latest Trademark Public Advisory Meeting, potential changes to the Trademark Electronic Search System (TESS), a Trademark Trial and Appeal Board (TTAB) update, case discussions concerning disclaimers as well as packaging that failed to function as a trademark, and a discussion of TTAB case that concerns discovery issues.

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External Analysis The external analysis will use various frameworks to analyze the following: changes and trends in the environment, Porter’s Five Forces industry analysis, competitor analysis, industry segmentation and demand issues and opportunities in the industry. This section will use frameworks to describe the external factors, such as environmental changes, industry position and competitors, that affect Atlassian. It will include a brief introduction to the company, changes and trends in the environment, industry analysis, analysis of existing competitors and industry segmentation and demand issues. These analyses provide a description of the industry landscape, which allows for informed and thoughtful conception of opportunities in the industry. P.E.S.T.E.L. Analysis A P.E.S.T.E.L. analysis looks at six segments, political, economic, social, technological, environmental and legal, to describe the business climate. Political and economic changes that affect Atlassian include Brexit and the 2016 election of United States President, Donald Trump. These two political events have caused the U.S. dollar to strengthen, while foreign currencies have weakened. This is a good change for Atlassian, as the company solely accepts U.S. dollar as payment, but incurs costs in various foreign currencies from countries in which it operates. Social changes include the trends of inclusion and acceptance of all people. Atlassian is vocal about being a proponent of inclusion for all. This is also positive for Atlassian, as it makes the company attractive to the rising number of consumers who support these values. Two changes in the technology segment that affect Atlassian are cloud computing and X-as-a-Service business models. To stay relevant considering these trends, more companies will develop digital products to add to their portfolio. One of Atlassian’s main targets for its products is software development teams, so this change will increase its number of potential customers. An environmental trend is climate change, and the idea that companies have corporate social responsibility (CSR) to reduce their affect and impact on the environment. Software companies as a rule are ‘green’, having only two main inputs: humans and electricity. Atlassian is no exception to this rule. Potential trends in the legal segment could have negative impacts on Atlassian. One possibility is cyber security laws. As they mature, Atlassian’s product development and delivery could be impacted by higher security standards. Secondly, U.S. President Donald Trump has proposed increased import tariffs. Atlassian’s products are subject to U.S. import laws, and so this could increase their expenses. Analyzing trends in these segments provides an explanation of Atlassian’s current and future business climate. Industry Analysis: Porter’s Five Forces Porter’s Five Forces model, as the name would suggest, analyzes an industry’s attractiveness based on five forces: threat of new entrants, ...

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