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Wednesday, July 16, 2008

How to use Trademark symbols

You cannot use an ® until your trade-marks are registered. While your trade-marks are in application to your chosen country, trade names and the like can be identified with a TM. Please note that there are no requirements to use symbols in Canada, however, attorneys recommend that un-filed trade-mark applications should be identified with the TM as they can accrue common law rights and marking in this manner is considered public notice.

Consideration must also be given to the fact that the use of an ® in brochures and documents that are going to foreign countries where IP applications may (or at this point in time, have not) been filed may carry consequences.

For instance, the United States has provisions in its criminal code wherein the identification of Reg. Pat. or ® to indicate that Intellectual Property is registered, when it is not, can result in criminal fraud charges. It is for this reason that legal counsel has recommended that the TM be used as it is correct in any country and also why they suggest that the Terms of Use on company web-sites include an Intellectual Property clause.

It is imperative that the information relayed to the consumer/licensee not be falsely represented.

Monday, July 7, 2008

On Blogs

The terms Weblog or blog are generic terms and do not just apply to Blogger sites. There are a wide variety of online tools that allow individuals or companies to build their own Weblog (typepad.com and livejournal.com are good examples). If you are interested in looking at more blogs, go to Technorati.com, pick a category and start surfing the Web.

The defining characteristic of a blog is that the content is organized chronologically or as an ongoing narrative. The word weblog comes from this characteristic - "web" because it is online and "log" because it is essentially an ordered list of content.

Why do I like them? Fast. Cheap. Easy. Powerful. Measurable.

Key advantages to using Weblogs for most business applications:

1. Speed. Weblogs can be established in minutes.

2. Cost. Weblogs generally have no hosting fees associated with them.

3. Flexibility. Today's Weblog programs are vastly more powerful and allow for more creativity than most Websites that we built just a few years ago. Adding content, whether it's video, audio, photos, stories, .PDF's, links, etc. is simple, fast and almost effortless.

4. Security. Weblogs can be viewed by the entire world or only those who you invite.

5. Measurability. With statistical code attached to the programming code, the behavior of visitors can be tracked easily, thus providing marketers with invaluable data.

6. Usability. Visitors or members (for private blogs) can post stories, comments and the like in a running dialog similar to how early chat rooms were comprised.

7. Collaboration. As issues are posted, members receive an email of the new posting. This increases the awareness of a particular issue among members of a private blog and is a powerful addition to any corporate communication information distribution system (damn, that's a mouthful to say)

More about Weblogs

Blogs started as personal online journals where individuals could share thoughts, comments, daily activities or anything else they felt like typing about. They gained popularity (and credibility) with news sources as well as a means of quickly sharing news and commentary online. For example, many columnists and sections at the New York Times have blogs online (which you can look at here: http://www.nytimes.com/ref/topnews/blog-index.html).

Corporate blogs have gained in popularity and credibility as well. Content for corporate blogs can vary greatly. They can be a running commentary from a key figure in the company, a place to share news on new products or services, a place to share relevant industry news and commentary on the news, and/or a forum for open dialogue between the company and the public.

Then there are blogs like Ascend Performance Group's - meant to be more of an online brochure.

Now to your big questions about why a blog instead of a traditional Web site. With a traditional Web site, your options are limited only by time, budget and creativity. With a skilled designer and programmer, you can build a Web site to look and function *exactly* how you want it to. With Blogger (and other blogging tools) you are somewhat limited by what the tools provide and allow. For example, almost all Blogger-made blogs will follow the two-column layout. You can change colors, fonts, add images and video, but you are somewhat locked in to the layout provided unless you have a somewhat advanced programming knowledge.

As far as credibility goes, blogs are a more and more accepted and valid form of online presence for companies. This may not have been true five years ago, but most people now do not have a bias between traditional Web sites and blogs.

That said, for Ascend's current purposes, we believe a blog is the right online channel at this time because:

1) We can get the blog up quickly. We do not need to spend time with a designer or programmer to layout and build the site.

2) We have control over our content. Again, it is very simple for us to edit content on the blog on our own, with out a programmer involved.

3) It's free. At some point, it may be worth paying to have a site built. But the tools provided by the blog/Blogger are enough to cover our needs for now.

Wednesday, June 4, 2008

A Banner for Xenium


The challenge: Create a fabric banner within 72 hours for a golf tournament.

The solution: Kinkos and our designer, Blake Frey. Everytime I want to complain about Kinkos' service, I am reminded that they really do provide an excellent and important service. I just wish we'd added a photo to bring it to life a little more. No time for that this round, though.

The result: Well, judge for yourself.

Saturday, May 17, 2008

Introducing Ascend


Over the course of this year, 3 has folded up (it will be official on June 30). It's been an interesting ride since that inauspicious start in August 2001. But, it was time to move on. We've grown up and are moving out of our mother's basement joining a few other smart people who have better skills than we do. In the coming months we'll be unveiling Ascend Performance Group and explaining how it will make your company and your life a little better, easier and more joyful.

Say Hello to Our Friend, Spencer Brown

Spencer J. Brown & Associates is an executive leadership consulting firm helping CEOs and owners of privately held companies prepare for a successful sale, merger or acquisition.

About Spencer J. Brown.

Over the course of a successful and diverse business career spanning four decades, Spencer has served as a key leader in over two dozen financial transactions including mergers and acquisitions, Venture Capital and Private Equity transactions and Initial Public Offerings totaling over US$250 million in sectors as diverse as consumer goods marketing, semiconductor manufacturing and video production services.

Prior to forming Spencer J. Brown & Associates in 2006, Spencer served as chief executive officer of Euro RSCG DRTV, a division of the French marketing consulting conglomerate, Havas. Prior to being named CEO in 1999, Spencer served in the dual role of CFO/COO two years prior. During his tenure, Euro RSCG DRTV raised its annual billings from $14 million to over $400 million thus becoming the largest direct response television advertising agency in the world..

Before joining Euro RSCG, he served in a variety of senior corporate leadership positions in public and private companies including 800.com, Now Software, Sundance Electronics, TriQuint Semiconductor, GigaBit Logic, CR Technology, and Compact Video Systems.

Spencer is a retired Certified Public Accountant and is a member of the American Iinstitute of Certified Public Accountants (AICPA). Early in his career, he was an Auditor at Peat Marwick Mitchell (KPMG).

He is the former Chairman of the Oregon Entrepreneurs Network (OEN) and a former board member of 800.com, Chemwest Engineering, Tactix and TriQuint Semiconductor. He has also served as a board advisor to Dotster and Tripwire. He received an honorable discharge from the U.S. Air Force in 1973 and earned a Bachelor of Arts in Political Science from U.C.L.A. in 1976.

He has been a guest speaker at U.C.L.A.'s Graduate School of Management, the University of Portland, the University of Oregon Law School of Entrepreneurship and frequently speaks to groups across the country on issues related to entrepreneurship, management and leadership.

Spencer is currently a member of the Board of Directors and President of the Portland chapter of the Association for Corporate Growth, one of the largest and oldest senior executive leadership organizations in the world. He is also a member of the Board of Directors of The Commerce Bank of Oregon, partially-owned subsidiary of NYSE-Listed Zions Bancorp. He is also a member of the Board of Advisors of Indent Studios, Intelesoft Technologies, Oregon Aesthetic Technologies and Rejuvenation. He is past Chair of OEN and is a frequent speaker at various investor conferences.

Spencer brings a significant amount of experience to projects throughout North America and Europe in the areas of:

Direct Response Television Advertising

Start-up company executive management anfd financial modeling.

Mergers and acquisitions

Venture capital and private equity fundraising.

Wednesday, March 19, 2008

3Mail Online Privacy Policies for Email Newsletter Databases

The fundamental purpose of an online privacy policy is to let site visitors and, in this case, subscribers (to a periodic newsletter, announcement service, SMS text notification service, etc.) know what kind of data you collect, what you do with that data, and how you safeguard that information. It also details how you choose to share (or not share) that data. You probably already knew most of this, but it helps us to wrap our brains around what we're talking about here. Repetition helps us remember things. Hey, that's how we're wired.

In order to craft a privacy policy, one needs to involve those who handle the technical elements of your data-gathering tools or systems. This might include your IT manager, your marketing staff, Web development staff and, last but not least, your lawyer or general counsel.

3Mail uses CoolerEmail, thuse we subscribe to the tenets embodied in their privacy policy

We also recommend taking a look at law.com's privacy policy as another example (and a slightly different and more thorough approach). You can read their policy here: http://www.law.com/service/privacy_policy.shtml

Tuesday, January 1, 2008

A brush with fame. A little video for our friends at Masterpiece Models and EZClean Paint Tools

So, our friend John Geigle at Masterpiece Models invents this new paint brush that essentially cleans itself. This video, produced by former 3 staffer, Mason West, was designed to provide re-sellers and consumers with a quick understanding of the unique qualities of what some consider to be one of the first advancements in paintbrush technology since the roller.

If the video does not load, you can also view it on YouTube by clicking here


Thursday, December 13, 2007

Some kind words from our friend, Dave of Dave's Killer Bread

Working with Than Clevenger has been a very rewarding experience. He invests every ounce of himself in what he does.

I appreciate his ever-present passion for his work, which is balanced by the compassion he displays toward others. Than and his company, 3, have been very instrumental to the Dave’s Killer Bread and NatureBake brands, helping us to understand our potential and brainstorming and implementing marketing strategies.

He has also introduced us to others who have helped us. When a man gives you the quality of help that Than provides, you count him as a friend.

Dave Dahl
Dave's Killer Bread
503-335-8077 ext 310
1170 NE 63rd
Portland, OR 97213

Sunday, September 9, 2007

LEGALESE FOR PUBLICITY

LICENSEE will not appropriate or make use of COMPANY's name or any of COMPANY's trade or service marks or property, in any advertising or otherwise, without prior written consent of the COMPANY. If the COMPANY grants written consent to use COMPANY's name and/or trade or service marks, for advertising, endorsement, or promotion, COMPANY shall have the right to reject any such use proposed by the LICENSEE which in the COMPANY's sole discretion violates the COMPANY's standards of advertising, publicity or promotion or is inconsistent with COMPANY's reputation or mission. The COMPANY's permission to permit particular advertising, publicity or promotion (including any and all media relations, electronic media distribution, public relations, etc.) shall not be unreasonably withheld.

LICENSEE may use the the COMPANY logo in the promotion of this Contract to Customers with the following stipulations; (i) the logo may not be modified in any way; (ii) when displayed, the size of the COMPANY logo must be equal to or larger than the LICENSS logo; (iii) the COMPANY logo is only used to communicate the availability of services under this Contract to Customers; and (iv) any other use of the LICENSEE logo requires prior written permission from DIR.

LICENSEE LOGO. The COMPANY may use the LICENSEE's name and logo in the promotion of this Contract to communicate the availability of Services under this Contract to Customers, Prospects, Investors, Media (both print and electronic). Use of the logo may be on the COMPANY Web Site or on printed materials.

Any use of COMPANY's Logo by the LICENSEE must comply with and be solely related to the purposes of this Contract and any usage guidelines communicated to the COMPANY from time to time. Nothing contained in this Contract will give the LICENSEE any right, title, or interest in or to the COMPANY's trademarks or the goodwill associated therewith, except for the limited usage rights expressly provided by the COMPANY.

TRADE SHOW PARTICIPATION. LICENSEE understands and agrees that it must participate by providing a staffed booth display or similar presence at no less than two (2) trade shows or similar functions sponsored by the COMPANY's Marketing Divi sion each calendar year at the LICENSEE's expense. LICENSEE must display the COMPANY logo at all trade shows that potential Customers will attend. The COMPANY reserves the right to approve or disapprove of the location of the use of the the COMPANY logo in or on trade show booth.

Wednesday, August 29, 2007

Making a First Impression

Challenge: Professional services clients typically offer a wide variety of services. This leaves them with the challenge of determining the most optimal method for quickly explaining who they are and what they do. That was exactly the case with this Executive level IT Consultant firm. It was 3's task to define the myriad services they offer and condense them into a one-page information sheet.



Solution: Projecting that more detail on the services would be needed, 3 wrote the copy for individual sheets for each service. Each service engagement is custom fit to the client and manifests in slightly different ways. By approaching the project broadly first, 3 was able to better understand and present the many permutations.

Once that information had been gathered and written, a hard look at what was truly essential to understand each service boiled down the one-sheets into the 1-2 sentence descriptions seen on the information sheet.

The art direction by Blake Frey took full advantage of the company's blue color scheme to make the information easy to digest in a quick glance.


Result: This clean, professional information sheet provides a gateway into the company's consulting services. When distributed, it will accompany the detailed one-sheets of the individual services, almost as an index suggesting where to look for the most relevant information.

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Nathaniel Clevenger Bio

Nathaniel “Than” Clevenger, Principal/CEO
503.449.1029 (USA), email:than@why3.com, Skype: nathaniel.clevenger

Than Clevenger is a twenty-year veteran marketing and communications strategist with significant experience in developing communications and marketing programs in the construction, commercial finance and real estate development industries. Than has held senior positions for two of the largest marketing and communications agencies in the world, Hill and Knowlton Public Affairs Worldwide Company and Fleishman Hillard. He has created, developed and launched award-winning consumer and B2B brands in global markets and has expertise in promoting construction technologies, residential and commercial development projects, and consumer goods and services.

He has served as an outsource Chief Marketing Officer (CMO)and/or strategic marketing advisor to commercial and residential real estate projects throughout the U.S. and Canada One of his projects, a $250 million commercial development, was named as one of the top ten projects in the nation in 2005. The project was constructed by one of the oldest design/build contractors in North America. He is currently serving as CMO for what will be one of the first LEED-ND communities in the world. He is also serving as the consulting CMO to the fastest concrete batch plant productions system company in the world based in Nova Scotia, Canada. During the mid-90's Than co-founded what became one of the largest real estate finance companies in the Mid-Atlantic U.S.

Relevant recent clients include Opus Development (Minneapolis), Swinteron Builders (San Francisco), Vidabode Group (Amherst, Nova Scotia), Thimble Creek Development Corporation (Oregon City, Oregon) and Housing Northwest, an affordable housing non-profit with $200 million under management.

Than formed 3 after leaving Fleishman Hillard—currently the largest public relations firm in the world—as a vice president and co-chair of one of Fleishman’s global vertical marketing teams. Prior to joining Fleishman Hillard, A seasoned manager and leader, Than served in senior staff positions with The Democratic National Committee (52nd Presidential Inaugural Committee), The Canzeri Company (the Rockefeller Family's public relations and public affairs firm) and Hill and Knowlton Public Affairs Worldwide Company (currently the second largest public relations and public affairs firm in the world) in both the D.C. and New York offices. In his early 20’s, he worked for the legendary public relations strategist, Frank Mankiewicz; former Nancy Reagan press secretary, Elaine Crispin; and Reagan advance man, Joe Canzeri. He also worked with and for Marilyn Funderburk, a former White House deputy social secretary.

Current and former clients include CEO's and senior executives in large, privately-held corporations, Fortune 500 and multinational corporations, foreign heads of state, trade association directors and senior executives at large non-profit foundations. Organizations, companies and leaders with whom Than has worked include: Sir Robert Maxwell, The Honorable Clark Clifford, Jerry Tarkanian, The White House Chief of Protocol, the last Miss U.S.S.R., the Emir and Royal Family of Kuwait, the former heads of state of Morocco, Finland, Brazil, The Republic of Turkey, North Yemen and the current head of state of Angola; as well as the CEO's of Gulfstream Aerospace, NBC, Lockheed Martin, The American Red Cross, The American Task Force for Bosnia, UNICEF, The United States Olympic Committee, Reading is Fundamental, the Recording Industry Association of America, Deloitte and Touche, Enterprise Ireland (the seed capital investment agency of the Republic of Ireland), Preston Gates and Ellis, Swinerton Builders and responDesign (an interactive video game publisher) to name a few.

He has written speeches and or correspondence for a variety of leaders including former President Bill Clinton; former President George H.W. Bush; IMF Chairman, Michel Camdessus; comedian, Bill Cosby; former District of Columbia Mayor's, Sharon Pratt Kelley and Marion Barry Jr.; various U.S. Olympians and U.S. Olympic officials, including gold medal skater, Bonnie Blair and gold medal boxer, Riddick Bowe as well as sports commentators Bob Costas and Greg Gumbel. He also served as protocol and event manager for the opening ceremonies of the Korean War Veteran's Memorial in Washington, D.C., and as a spokesperson for one of Washington, D.C.'s mayoral inauguration events.

Than is an advisor to several Northwest-based non-profits and was recently listed in Strathmore's Who's Who in American Business, 2004 Edition, He is a member of the Multnomah Athletic Club in Portland, Oregon, and is a native of the Hampton Roads area of southeastern Virginia (formerly and historically known as Tidewater) Given the time, Than enjoys competitive sailing, painting, and military history. He is a graduate of George Mason University in Fairfax, Virginia, and currently resides in Portland, Oregon with his wife, Sydney, a Portland native and writer, and their three children, Jack, Steele Elizabeth and Gus Henry.

For more information on Than, please visit his personal website at www.why3.com.