Author Archives: Travis Jacobs
Considerations to Remember When Vetting Prospective Employees
Due to workplace safety concerns, background screening is a universal practice for employers. Companies must know that applicants possess the promised credentials, do not have a history of fraud/theft, and will not pose a threat to others. However, Massachusetts public policy often leans in favor of employees at the expense of employers. Criminal record… Finish Reading Considerations to Remember When Vetting Prospective Employees
An Update Regarding Arbitration Clauses For Employment/Independent Contractor Agreements
Many business owners have multiple employees and/or rely on independent contractors to perform services related to their business. Anyone who has sought legal counsel from The Jacobs Law LLC on the use of independent contractors (especially in Massachusetts) knows that doing so is a legal minefield. (Here is an old blog we wrote on… Finish Reading An Update Regarding Arbitration Clauses For Employment/Independent Contractor Agreements
“EMPLOYEE” OF CONTRACTOR NOT BOUND BY ARBITRATION CLAUSE IN CONTRACT BETWEEN CONTRACTOR AND UP-THE-CHAIN THIRD PARTY
Business owners typically have little trouble with enforcement of arbitration agreements against disgruntled contractors or employees. Written arbitration agreements are difficult to overturn and are usually enforced; even in the context of employment agreements. However, In Ouadani v. TF Final Mile LLC (fka Dynamex), 876 F.3d 31, 33 (2017), the 1st Circuit Court of… Finish Reading “EMPLOYEE” OF CONTRACTOR NOT BOUND BY ARBITRATION CLAUSE IN CONTRACT BETWEEN CONTRACTOR AND UP-THE-CHAIN THIRD PARTY
Three Shocking Pitfalls for Condominium Developers
In Massachusetts the appeal of condominium ownership continues to grow. Both the Warren Group and the Massachusetts Association of Realtors reported that in March of 2018 the median sale price of a condo was significantly greater than that of a house. This median sale price has grown 16 to 20 percent compared to a… Finish Reading Three Shocking Pitfalls for Condominium Developers
USPTO Introduces Pilot Program To Fight Fake Specimens – What You Need To Know
As more companies have stressed the importance of brand protection, the USPTO has seen an increase in trademark applications. Often, Applicants apply for trademarks with a broad scope of goods and services, as they do not know how they are going to grow and expand as a company. When filing an in-use application, some… Finish Reading USPTO Introduces Pilot Program To Fight Fake Specimens – What You Need To Know
What Do I Do If My Trademark Has Been Opposed?
A few months after filing your trademark, you will hear from a Trademark Examiner regarding your application. Assuming there are no issues, an Examiner will publish your mark for “opposition.” This blawg will explain what it means to have an application published for opposition, and this process with the Trademark Trial and Appeals… Finish Reading What Do I Do If My Trademark Has Been Opposed?
What is Trademark Incontestability?
A trademark can quickly become a significant asset for a business as it is a source identifier to consumers and competitors of your brand. After obtaining a federal trademark registration, you may think you are finished with the trademark process. Once the mark is registered, you must continue using the mark in commerce, and… Finish Reading What is Trademark Incontestability?
How do I use Trademark Symbols?
As many companies are using a trademark, they often use the ® or TM symbol following their logo or company name. As a trademark owner, it is important to know when you should use these symbols, and more importantly, how they should be used. To begin, it is necessary to recognize the symbols that… Finish Reading How do I use Trademark Symbols?
How Do I Change My Business Name?
Suppose you decide you would like to change the name of your business or due to the sale of your business assets (including your tradenames, trademarks and brand names) you now need to change your business name. There are right and wrong ways to do so. It is likely you have created consumer brand… Finish Reading How Do I Change My Business Name?
What to do if Someone is Using Your Mark as a Domain Name
A growing area of Intellectual Property litigation concerns domain name disputes. Domain name disputes arise when an individual or entity engage in cyber squatting. Cyber squatting can occur when these individuals or entities attempt to register the brand names, trade names or trademarks used by other businesses in which the domain registrant has no… Finish Reading What to do if Someone is Using Your Mark as a Domain Name
