To:
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`Subject:
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`Sent:
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`Sent As:
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`Attachments:
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`Panasonic Corporation of North America (ptodocket@arelaw.com)
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`U.S. TRADEMARK APPLICATION NO. 86274284 - TWIN CYCLONE SYSTEM - 55210/829
`
`8/25/2014 12:09:06 PM
`
`ECOM108@USPTO.GOV
`
`Attachment - 1
`Attachment - 2
`Attachment - 3
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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`(cid:160) (cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`(cid:160) (cid:160) (cid:160)
`(cid:160)(cid:160)(cid:160)
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`(cid:160) (cid:160)(cid:160)
`CORRESPONDENT’S REFERENCE/DOCKET NO :(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`CORRESPONDENT E-MAIL ADDRESS:(cid:160)(cid:160)(cid:160)
`
`(cid:160) 55210/829
`
`(cid:160)(cid:160)(cid:160)(cid:160) ptodocket@arelaw.com
`
`*86274284*
`
`CLICK HERE TO RESPOND TO THIS LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`U.S. APPLICATION SERIAL NO. (cid:160) 86274284
`
`(cid:160)M
`
`ARK: TWIN CYCLONE SYSTEM
`
`CORRESPONDENT ADDRESS:
`(cid:160)(cid:160)
`(cid:160)(cid:160) (cid:160) (cid:160) HOLLY PEKOWSKY, ESQ.
`(cid:160)(cid:160)
`(cid:160)(cid:160) (cid:160) (cid:160) AMSTER, ROTHSTEIN & EBENSTEIN LLP
`(cid:160) (cid:160) (cid:160)(cid:160)(cid:160)(cid:160) 90 PARK AVE
`(cid:160) (cid:160) (cid:160)(cid:160) (cid:160) (cid:160) NEW YORK, NY 10016-1301
`(cid:160)(cid:160)(cid:160)(cid:160)
`APPLICANT: Panasonic Corporation of North America
`
`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
`COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
`
`(cid:160)I
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`SSUE/MAILING DATE: 8/25/2014
`
`The referenced application has been reviewed by the assigned trademark examining attorney.(cid:160) Applicant must respond timely and completely to
`the issues below.(cid:160) 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
`
`(cid:160)S
`
`earch
`
`The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that
`would bar registration under Trademark Act Section 2(d).(cid:160) TMEP §704.02; see 15 U.S.C. §1052(d).
`
`Proposed Mark is Descriptive
`
`(cid:160)T
`
`he examining attorney refuses registration on the Principal Register because the proposed mark is merely descriptive of the identified goods.(cid:160)
`Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.(cid:160) The proposed mark is “TWIN CYCLONE
`SYSTEM” for vacuums.
`
`(cid:160)T
`
`he proposed mark consists of the terms “twin,” “cyclone” and “system.” (cid:160) “Twin” is defined as consisting of two similar parts or elements
`joined or connected.[1](cid:160) A “cyclone” also called cyclone collector, cyclone separator is a device for removing small or powdered solids from
`air, water, or other gases or liquids by centrifugal force.[2](cid:160)(cid:160) A “system” is defined as an assemblage or combination of things or parts
`forming a complex or unitary whole.[3](cid:160) Taken as a whole the proposed mark can be interpreted as assemblage of two similar devices device for
`removing small or powdered solids by centrifugal force. This is merely descriptive of a feature of the identified vacuum goods.(cid:160) A mark is
`
`(cid:160)
`(cid:160)
`(cid:160)
`(cid:160)
`(cid:160)
`(cid:160)
`(cid:160)(cid:160)
`

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`merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant’s goods.(cid:160) TMEP
`§1209.01(b); see, e.g., DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012)
`(quoting In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); In re Steelbuilding.com, 415 F.3d 1293,
`
`1297, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005) (citing Estate of P.D. Beckwith, Inc. v. Comm’r of Patents , 252 U.S. 538, 543 (1920)).(cid:160)(cid:160)
`
`The descriptive nature of the proposed mark is illustrated by the applicant’s website at http://www.panasonic.com/my/consumer/home-
`appliances/vacuum-cleaner/bagless-type.html.(cid:160) The page discussing the “twin cyclone system” states:
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`
`“Double HEPA system removes fine particles to give out clean exhaust.”
`
`(cid:160)A
`
` Lexis/Nexis search illustrates the descriptive nature of the proposed mark.(cid:160) A search of U.S. news articles for the term “twin” or “cyclone”
`within five terms of “vacuum” in various forms found over four hundred stories.(cid:160) Articles found within this search illustrate the descriptive
`
`nature of the term as applied to the identified goods (See attached for random examples).(cid:160)(cid:160)
`
`Generally, if the individual components of a mark retain their descriptive meaning in relation to the goods and/or services, the combination
`results in a composite mark that is itself descriptive and not registrable.(cid:160) In re Phoseon Tech., Inc., 103 USPQ2d 1822, 1823 (TTAB 2012);
`TMEP §1209.03(d); see, e.g., In re King Koil Licensing Co., 79 USPQ2d 1048, 1052 (TTAB 2006) (holding THE BREATHABLE MATTRESS
`merely descriptive of beds, mattresses, box springs, and pillows where the evidence showed that the term “BREATHABLE” retained its
`ordinary dictionary meaning when combined with the term “MATTRESS” and the resulting combination was used in the relevant industry in a
`descriptive sense); In re Associated Theatre Clubs Co., 9 USPQ2d 1660, 1663 (TTAB 1988) (holding GROUP SALES BOX OFFICE merely
`descriptive of theater ticket sales services, because such wording “is nothing more than a combination of the two common descriptive terms
`most applicable to applicant’s
`services which in combination achieve no different status but remain a common descriptive compound
`
`expression”). (cid:160)(cid:160)
`
`Only where the combination of descriptive terms creates a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in
`relation to the goods is the combined mark registrable.(cid:160) See In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968);
`In re Positec Grp. Ltd., 108 USPQ2d 1161, 1162-63 (TTAB 2013).
`
`(cid:160)I
`
`n this case, both the individual components and the composite result are descriptive of applicant’s goods and do not create a unique,
`incongruous, or nondescriptive meaning in relation to the goods.(cid:160) Specifically, the vaccums feature twin cyclone technology. Based on the above,
`the mark cannot be registered on the Principal Register.
`
`(cid:160)O
`
`ther Considerations
`
`(cid:160)A
`
`lthough the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and
`arguments in support of registration.(cid:160) If applicant chooses to respond to the refusal to register, the following issues must also be addressed.
`
`Request For Information
`
`(cid:160)T
`
`he nature of the goods is not clear from the present record.(cid:160) The examining attorney requires information about the nature of the goods to
`determine whether all or part of the wording in the mark is merely descriptive as applied to the goods.(cid:160) In particular, the applicant must indicate
`whether or not the goods feature cyclone technology.
`
`(cid:160)T
`
`o permit proper examination of the application, applicant must submit additional product information about the goods.(cid:160) See 37 C.F.R. §2.61(b);
`In re AOP LLC, 107 USPQ2d 1644, 1650-51 (TTAB 2013); In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P’ship
`LLP, 67 USPQ2d 1699, 1701-02 (TTAB 2003); TMEP §814.(cid:160) The requested product information should include fact sheets, instruction
`manuals, and/or advertisements.(cid:160) If these materials are unavailable, applicant should submit similar documentation for goods of the same type,
`explaining how its own product will differ.(cid:160) If the goods feature new technology and no competing goods are available, applicant must provide a
`detailed description of the goods.
`
`(cid:160)T
`
`he submitted factual information must make clear how the goods operate, their salient features, and their prospective customers and channels of
`trade.(cid:160) Conclusory statements regarding the goods will not satisfy this requirement.
`
`(cid:160)F
`
`ailure to comply with a request for information can be grounds for refusing registration.(cid:160) In re AOP LLC, 107 USPQ2d at 1651; In re DTI
`P’ship LLP, 67 USPQ2d at 1701-02; TMEP §814.(cid:160) Merely stating that information about the goods is available on applicant’s website is an
`inappropriate response to a request for additional information and is insufficient to make the relevant information of record.(cid:160) See In re
`Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
`
`(cid:160)P
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`rior Registrations
`
`(cid:160)I
`
`f applicant owns U.S. Registration Nos. 4223936 and 4315198, then applicant must submit for the application record a claim of ownership of
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`

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`these registrations.(cid:160) See 37 C.F.R. §2.36; TMEP §812.(cid:160) See the attached copies of the registrations.(cid:160) See TMEP §812.(cid:160)(cid:160)
`
`Applicant may use the following format to claim ownership of these registrations:
`
`Applicant is the owner of U.S. Registration Nos. 4223936 and 4315198.
`
`(cid:160)I
`
`f applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.(cid:160) All relevant e-
`mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to
`this Office action and will not extend the deadline for filing a proper response.(cid:160) See 37 C.F.R. §2.191; TMEP §§304.01-.02, 709.04-.05.(cid:160) Further,
`although the trademark examining attorney may provide additional explanation pertaining to the refusal and/or requirement in this Office action,
`the trademark examining attorney may not provide legal advice or statements about applicant’s rights. (cid:160) See TMEP §§705.02, 709.06.
`
`/Jason F. Turner/
`Jason F. Turner
`Law Office 108
`(571) 272-9353
`jason.turner@uspto.gov
`
`(cid:160)(cid:160)(cid:160)
`
`TO RESPOND TO THIS LETTER: (cid:160) Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. (cid:160) Please wait 48-72 hours from the
`issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.(cid:160)
`For technical assistance with online forms, e-mail TEAS@uspto.gov.(cid:160) For questions about the Office action itself, please contact the assigned
`trademark examining attorney.(cid:160) E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
`this Office action by e-mail.
`
`(cid:160)A
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`ll informal e-mail communications relevant to this application will be placed in the official application record.
`
`(cid:160)W
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`HO MUST SIGN THE RESPONSE:(cid:160) It must be personally signed by an individual applicant or someone with legal authority to bind an
`applicant (i.e., a corporate officer, a general partner, all joint applicants).(cid:160) If an applicant is represented by an attorney, the attorney must sign the
`
`response.(cid:160)(cid:160)
`PERIODICALLY CHECK THE STATUS OF THE APPLICATION: (cid:160) To ensure that applicant does not miss crucial deadlines or official
`notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
`http://tsdr.uspto.gov/. (cid:160) Please keep a copy of the TSDR status screen. (cid:160) If the status shows no change for more than six months, contact the
`Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. (cid:160) For more information on checking
`status, see http://www.uspto.gov/trademarks/process/status/.
`
`(cid:160)T
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`O UPDATE CORRESPONDENCE/E-MAIL ADDRESS:(cid:160) Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
`
`108B8C
`
`Time of Request: Monday, August 25, 2014(cid:160) 11:42:36 EST
`Client ID/Project Name:
`Number of Lines: 776
`Job Number:(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`2825:477370254
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`(cid:160) R
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`esearch Information
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`(cid:160) S
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`ervice: (cid:160)(cid:160)
`Terms and Connectors Search
`Print Request: Selected Document(s): 4,6,10,12,16,39,70,146,159,183,219,250
`Source: US Newspapers
`Search Terms: (twin! or cyclone!) w/5 vacuum!
`
`(cid:160)
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`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`

`

`Send to:(cid:160) TURNER, JASON
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`TRADEMARK LAW LIBRARY
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`600 DULANY ST
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`ALEXANDRIA, VA 22314-5790
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
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`4 of 525 DOCUMENTS
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`Copyright 2014 Tribune Review Publishing Company
`All Rights Reserved
`Pittsburgh Tribune Review
`
`April 14, 2014 Monday
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`(cid:160)L
`
`ENGTH: 513 words
`
`(cid:160)H
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`EADLINE: Samsung VU7000 Motion Sync Upright Vacuum
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`(cid:160)B
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`ODY:
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`The claim: The VU7000 vacuum features an innovative handheld vacuum that can be fully detached from the main body to easily clean hard-to-reach places. The
`handheld vacuum has its own motor for ultimate portability. As a whole unit, the vacuum provides powerful cleaning on carpets and hard floors. Also, the vacuum
`features CycloneForce multiâ[#x201e]¢ Technology: 9-Cyclonic chambers that keep fine dust and debris from the filters to offer powerful suction and performance.
`The VU7000 upright also features revolutionary Motion Sync Design, a swivel brush and large, reverse-cambered wheels for maximum steerability to smoothly
`tackle corners and sharp turns.(cid:160)
`
`Cost: $499
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`Where: Best Buy or www.samsung.com
`
`(cid:160) Loved the portability of the Samsung Motion Sync Upright Vacuum. The detachable vacuum is powerful yet light, so I was able to get to a lot of spaces very
`easily, including the tops of drapes and basement stairs, and it did a great job cleaning them.
`
`The upright vacuum was OK, but I've used better ones. Though it cornered well with a swivel brush, I had problems pushing it along my carpet; it seemed to want
`to dig in too much. Also, there were many small pieces of fuzz that the vacuum didn't pick up unless I ran over them several times.
`
`This product lists online for about $450. Not sure I could be convinced to spend that much on a vacuum, and I'm not convinced this one is worth that price
`anyway. Though the portable vacuum is a good product.
`
`"" Bill Vidonic
`
`(cid:160) The Samsung Motion Sync Upright Vacuum is, after you get used to the "steering," really good on carpets. Dust, hair, lint from socks and blankets or threads
`from craft projects "" all gone in a pass.(cid:160)
`
`The lift-off handheld vac also has strong suction and was excellent for cleaning around baseboards and ceiling molding, but its heavy-duty "arm" is too thick to
`reach under appliances, and the test model we had didn't come with the attachments, so I don't know if there is an answer to that issue. The upright and the handheld
`each have their own dust bins and filters; neither is hard to empty.(cid:160)
`
`One caveat: the Motion Sync packs a few pounds, and it's not something I'd want to carry up and down stairs much.
`
`"" Vaunda Bonnett
`
`(cid:160) I've tried other vacuums that have a canister that can be unattached from the main body. The Samsung is unique in that the "Handy Vacuum Cleaner" has its own
`separate motor and canister. Used alone, it is lightweight and easy to get at all those high spots "" the bathroom fan, valances, above doors and curtains. Or into
`crevices in corners or between furniture cushions. It is my favorite feature on this newly designed vacuum.
`
`With another switch, the brush bar can be turned off or on, according to the surface. Off allows it to skim over hardwood floors without blowing dust around.
`With the brush bar turned on, the vacuum gives the carpet a solid cleaning. The suction gives a strong pull, grabbing at bits and pieces as it zips over them.
`
`Both dust bin canisters are easily accessed to clean and empty, as is the HEPA filter.
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`This is one solid machine.
`
`"" Sally Quinn
`
`(cid:160)L
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`OAD-DATE: April 15, 2014
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`(cid:160)
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`(cid:160)
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`6 of 525 DOCUMENTS
`
`Copyright 2014 Investor's Business Daily, Inc.
`All Rights Reserved
`
`Investor's Business Daily
`
`February 6, 2014 Thursday(cid:160)
`NATIONAL EDITION
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`(cid:160)S
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`ECTION: A; Pg. A03
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`(cid:160)L
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`ENGTH: 1178 words
`
`(cid:160)H
`
`EADLINE: James Dyson Cleans Up With His Bagless Vacuum Innovate: His revolutionary machine rolls to the fore
`
`(cid:160)B
`
`YLINE: The vacuum bag, he discovered, was clogging the suction. Dyson's frustration with a century-old, ineffective technology -- "more of an expensive broom,"
`he called it, that was "nosing at the dust like an old Labrador sniffing + diffidently at cold turds on a pavement" -- led to his eureka moment.
`
`(cid:160)B
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`ODY:
`
`Dyson's Keys
`
`** Invented the bagless vacuum cleaner.
`
`** Overcame: Market domination by industry giants.
`
`** Lesson: Base your vision on tangible quality and have the stamina to see it all the way through.
`
`** "No one ever had an idea staring at a drawing board."
`
`Kitchen scissors, gaffer tape and cereal packets.
`
`That's what James Dyson used to retool his family's vacuum cleaner on an October afternoon in 1978 -- after he just couldn't take one more day of its lackluster
`performance.
`
`From those low-tech components, he created prototype No. 1 of the first bagless vacuum cleaner.
`
`With it, he cleaned the house, upstairs and downstairs. Twice.
`
`He proceeded to create 5,126 more prototypes and, eventually, a fortune of $5 billion.
`
`Now 10% of U.S. households have a Dyson vacuum. With its other products, the Airblade automatic hand dryer and a bladeless fan, his private company, Dyson
`Ltd., had revenue of $1.8 billion in 2012, according to the founder.
`
`"All I did was just take things a little further than having the idea," Dyson, 66, wrote in his autobiography, "Against the Odds."Down, Not Out
`
`The Sisyphean drama of Dyson's shepherding his cyclonic vacuum cleaner to market -- "15 years of fist-pounding failures," he told IBD -- is as impressive as the
`appliance itself.
`
`It began with mistakes and accidental discoveries.
`
`Dyson had no formal training as an engineer. Born in Cromer, England, he leapfrogged into graduate school at the Royal College of Art in London when it ran an
`experiment to accept three students who had no undergraduate degree.
`
`After finishing a master's program that included painting, furniture, interior design and industrial design, Dyson dived into commercial product design in 1974
`with the Ballbarrow, an update to the wheelbarrow that used a polyethylene balloon instead of a wheel.
`
`Solving a workaday annoyance -- stuck wheels and ruined gardens -- helped make the Ballbarrow a success; it hit a 70% market share in the U.K. by the late 1970
`
`s.
`
`But two setbacks drove Dyson in another direction.
`
`The first was a manufacturing issue. Expensive epoxy powder, used to toughen and paint the exterior of the Ballbarrow, was wasted every time a product was
`sprayed.
`
`Advised that large manufacturers used a 30-foot cyclone cylinder to spin the powder out of the air by centrifugal force, funneling it for reuse, Dyson thought of
`his jury-rigged vacuum cleaner at home.
`
`Why not add a cyclone in miniature?
`
`After building his own multistory cyclone for the Ballbarrow factory in Wiltshire, England, in 1978, he concentrated on a scaled-down version for the vacuum.
`But before he could convince his business partners of the possibilities, he was squeezed out of Kirk-Dyson, the company he had co-founded.
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`(cid:160)
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`(cid:160)
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`

`Worse, he had assigned his patent for the Ballbarrow to the shareholders that ousted him.
`
`Reeling from the betrayal -- "It was like giving birth and then losing the child," he wrote -- he rebounded with obsessive attention to his new idea.
`
`His vacuum would solve a common problem elegantly, with cyclonic suction and no clogged-up bags. And he would fiercely guard his patents from then on.
`
`Dyson learned from his mistakes. From the debacle with his old company, "I was taking with me a little something for the future," he wrote.
`
`For three years in his backyard shed in Wiltshire, Dyson constructed, tested and refined one unit after the next. It wasn't enough for the design to be functional.
`Every component had to work to its optimal capacity -- down to the screws.
`
`Should the air entry be at an angle? At what tangent? Single or multiple entry points?
`
`He tested each element at a time. "There is no such thing as a quantum leap," he wrote. "There is only dogged persistence -- and in the end you make it look like a
`quantum leap."
`
`He eventually perfected two cyclones working in tandem: the outer rotating at 200 mph to remove larger debris, the inner rotating at 924 mph hour to pull
`particles as fine as cigarette smoke out of the air.
`
`The result of his rigor was an innovative syncing of form and function. The dual cyclone revolutionized a stale market and even reached art status. Three London
`museums -- Science, Victoria & Albert, and Design -- display it.
`
`But the accolades were far from immediate. After years of solo development, Dyson discovered that his battle was just beginning.
`
`Not Easy
`
`No one -- not venture capitalists, not manufacturing companies, not resellers, not distributors, not bankers -- would sign a legitimate deal with him.
`
`Meetings throughout the 1980 s were depressingly similar. On one side of the table was a phalanx of corporate heavyweights -- CEOs, lawyers, financial
`executives, in-house engineers and experienced industrialists. On the other side was Dyson, accompanied only by a mountain of debt.
`
`But Dyson had a secret weapon.
`
`He had bonded with his invention. It was his research, his patent, his years of focus. His product. He would not relinquish it for a song, despite his dire
`circumstances.
`
`Three years of searching, broken promises and more debt drove Dyson to a distributor in Japan, where in 1986 his vacuum at long last made it to market.
`
`The retail price was an eye-popping $2,000 in a country with very little carpeting and even less closet space.
`
`Even so, the Dyson device became the most sought-after appliance in a nation filled with state-of-the-art technology, achieving luxury status and sales of $20
`million per year.
`
`While the licensing meant that not much of that money went to Dyson -- he needed volume -- the attention sparked interest among distributors in Europe and
`America and helped him get a loan.
`
`On Target
`
`His aim was to establish his own manufacturing plant in England and take his product mainstream.
`
`In 1992 his insistence on retaining control of his creation paid off. He had his own factory "as sole owner of the machine I had conceived, designed, built and
`tested alone," he wrote.
`
`The next year, 15 years after jamming a cereal packet into his vacuum, Dyson's Dual Cyclone started its market domination, becoming a No. 1 seller in the U.K.
`in 18 months.
`
`"It was proof to the naysayers that people want technology that works," he said. Nearly all modern competitors are now patterned after his innovation.
`
`In an effort to give other inventors the respect it took so long for him to gain, he established the James Dyson Award in 2007. The honor caps an annual contest
`that challenges college students across 18 countries to "design something that solves a problem."
`
`Erin Webb, director of the James Dyson Foundation, said of the initiative: "The point is to encourage invention but also to try to encourage students and young
`entrepreneurs to take their inventions to the next level. We give them a platform for recognition."
`
`Said Dyson: "The top three winners in 2013 were all people trying to help other people. I think that's a great characteristic of all student projects. They're people
`who want to change the world."
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`Investment in the research and development of innovation is a core value for Dyson.
`
`"Magic -- the unique way a product does what it does -- is never to be underestimated," he wrote.
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`OAD-DATE: February 5, 2014
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`10 of 525 DOCUMENTS
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`Copyright 2013 The Detroit News
`All Rights Reserved
`The Detroit News (Michigan)
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`November 27, 2013 Wednesday(cid:160)
`1 Edition
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`ECTION: BUSINESS; Pg. D3
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`ENGTH: 1388 words
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`EADLINE: Black-and-blue retailers bet on 'Gray Thursday'
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`YLINE: By, Brian J. O'Connor
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`ODY:
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`Detroit News Finance Editor
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`If you want to know why malls and big-box retailers are opening as early as 6 a.m. on Thanksgiving, the answer is the same you'll hear from the throng of
`shoppers surging through the doors for those blockbuster holiday deals: fear of missing out.
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`Retailers know that opening earlier won't prompt shoppers to spend more money, but they don't care - just as long as those shoppers don't go somewhere else.
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`And so, with a weak economy and five fewer shopping days between Thanksgiving and Christmas than last year, nervous retailers are moving up what used to be
`their big Black Friday specials to what some analysts have dubbed "Gray Thursday." And if that means the quiet traditional family Thanksgiving gets trampled worse
`than a slow-moving shopper caught between the store entrance and the $98 flat screen TVs, so be it.
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`"It's brutal," says Ken Dalto, a management consultant based in Bingham Farms. "The stores are just going to keep trying to out-compete each other."
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`The National Retail Federation estimates that 140 million people will shop in stores or online during the Thanksgiving weekend, down from 147 million last year.
`Nearly one-quarter plan to shop on Thanksgiving Day - or 33 million shoppers.
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`For years, retailers and shoppers engaged in an extended game of chicken, with each side waiting for the other to flinch. But two burst economic bubbles and the
`insidious effects of the Internet, with its free shipping and frequent lack of sales tax, pushed consumers solidly into the winner's circle and left brick-and-mortar
`retailers teetering on the edge.
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`"Consumers won that battle," says Dalto. "Years ago, stores discounted a week before Christmas, and now they're doing it 10 days before Thanksgiving. And
`they're not being prodded into it - they're just doing it."
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`The trend that started with 5 a.m. sales on Black Friday, stretched to midnight on Black Friday morning, then 10 p.m. on Thanksgiving and now shoppers can hit
`Big Lots for a $229.99 Dyson Cyclone vacuum at 7 a.m. before heading over the river and through the woods. But only if Grandma hasn't already lined up to get
`Grandpa a $49.99 baitcasting reel at Gander Mountain, which opens at 8 a.m.
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`Sunrise on Thanksgiving, by the way, is at 7:41.
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`"It sounds very desperate to me," says Jeff Green, a retail analyst who heads up Jeff Green Partners in Phoenix.
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`That's because retailers are worried. All year long, the economy has suffered from headwinds that started with the end of the recession's temporary payroll tax
`holiday in January, which shrunk workers' take-home pay. Then federal budget cuts under sequestration hit, coupled with the government shutdown and a curtailing
`of jobless benefits. Unemployment has remained high, at 7.3 percent nationally and at 9 percent in Michigan.
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`Consumer confidence sank after the October government shutdown, but cash-strapped consumers already were cutting back, Green notes. Retailers had weak
`sales for back-to-school and Halloween, which already suggested a not-so-green Christmas. Increases in health care costs that came with the Affordable Care Act and
`employers raising costs on workers during the November open enrollment season is also making shoppers nervous, he added.
`
`On top of it all, the calendar hasn't helped one bit. The late Thanksgiving knocks out an entire shopping weekend this year and, in an event that may not repeat
`itself for another 70,000 years, the Jewish Hannukah celebration starts Thursday night - meaning that a whole swath of shoppers already has wrapped up holiday
`buying for the year.
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`"If your competition is going to open up on Thanksgiving, you have to do it, too," Green says. "Whether you're going to make any money on it is really unclear."
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`While the National Retail Federation officially estimates that holiday spending will be up 3.9 percent over last year, when spending increased 3.5 percent to
`$602.1 billion in the United States. That increase would be higher than the 10-year average of 3.3 percent and strikes some analysts as overly optimistic in such an
`economically uncertain time.
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`"That's just too high," says Dalto of Farmington Hills. "It's not going to happen."
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`While shoppers may hit the Thanksgiving Day or Black Friday sales, a lot depends on whether they just snap up the big bargains, which are still profitable to
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`retailers, and whether they stay to shop for more than just door-busters. Meanwhile, affluent shoppers who are buoyed by the rising stock market steer clear of early-
`morning and midnight madness. Luxury retailer Nordstrom's won't open for Thanksgiving and neither will Troy's upscale Somerset Collection, home to Brooks
`Brothers and Tiffany's.
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`"Wealthy shoppers are going to shop, because the stock market has been rising, and the middle- and lower-income shoppers are going to be down," Dalto says.
`
`Gray Thursday could also end up being a dingy day because of all the other holiday specials. Besides Black Friday the day after, there's also Small Business
`Saturday, which promotes shopping at independent local retailers. Then there's Free Shipping Day, an online event where retailers ship for free, which is Dec. 18 this
`year.
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`If that's not enough, retailers have already eroded their own holiday events with early Black Friday specials, which Wal-Mart kicked off at 8 a.m. Nov. 20. As
`early as Nov. 6 a survey for tablet-based shopping site Catalog Spree found that 63 percent of consumers have already begun their holiday shopping, with 30 percent
`starting before Halloween.
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`On top of all that, there is an additional cost to promoting, stocking and opening up a store for Thanksgiving, notes David Cadden, a professor of entrepreneurship
`and strategy at Quinnipiac University in Connecticut.
`
`"Considering that they're paying people, are they really going to generate the additional business?" Cadden asks. "The answer would be no. They're just running
`scared."
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`For now, Cadden says, retailers seem to be trapped in a war of escalation, like the nuclear arms race between the U.S. and the old Soviet Union, with each store
`having to open earlier than its competitors. But he wonders if the media coverage of Black Friday stampedes encroaching on America's cherished Thursday holiday
`might squelch the trend.
`
`Stores such as Costco and Neiman-Marcus are getting positive press for their decision to remain closed on Thanksgiving and allow employees to be with their
`families, Cadden notes, unlike stores such as Staples, which has called his own daughter to work Thanksgiving night.
`
`"What type of lunatic," he wonders, "is going to leave dinner at 7:30 and try to get a smashing amount of Post-It notes?"
`
`boconnor@detroitnews.com
`
`(313) 222-2145
`
`Holiday shopping hours
`
`Macy's
`
`Thursday: 8 p.m.
`
`Friday: Open continuously until 10 p.m.
`
`Special: All Lenox and Spode Christmas china 60 percent off
`
`Toys "R" Us
`
`Thursday: 5 p.m.
`
`Friday: Open continuously until 10 p.m.
`
`Special: Furbys will be $29.99 between 5 and 9 p.m. on Thursday. Limited quantities
`
`Wal-Mart
`
`Thursday: Open all day, specials from 6 p.m. to midnight and 8 p.m. to midnight
`
`Friday: Open all day, specials at 8 a.m.
`
`Special: iPad Minis for $299 and you receive a $100 gift card with purchase. Limited quantities
`
`Best Buy
`
`Thursday: 6 p.m.
`
`Friday: Open continuously until 10 p.m.
`
`Special: iPad 2s, 16GB with Wi-Fi, are $299.99, $100 off
`
`Target
`
`Thursday: 8 p.m.
`
`Friday: Open continually until 11 p.m.
`
`Special: 50-inch LED HGTV for $229
`
`Kohl's
`
`Thursday: 8 p.m.
`
`Friday: Open continuously until midnight
`
`Special:Shoppers get $15 Kohl's Cash for every $50 spent
`
`Sears
`
`Thursday: 8 p.m.
`
`