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Category Archives: Small Business Issues

93A Demand Letter

Protect Your Business Before You Sign a Commercial Lease

By Amie DiGiampaolo |

Commercial tenants are often under the mistaken belief that their are non-negotiable except for the rental rate and lease term. “Large-space” commercial tenants, especially, have more flexibility in negotiating their leases and should take advantage of that. One of the most important, and often overlooked, terms in a commercial lease is the Termination Clause.… Finish Reading Protect Your Business Before You Sign a Commercial Lease

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Rules

Minutebooks: How Avoiding Seemingly Mundane Paperwork Can Cost Your Business Dearly

By Travis Jacobs |

Corporate entities must be sure to keep excellent paper records which are orderly and up-to-date. Failure to properly maintain corporate business records creates unnecessary problems with the IRS, jeopardizes the limitation of liability for corporate officers, and hurts your business’s reputation with potential buyers or lenders. A typical minutebook should include at a minimum:… Finish Reading Minutebooks: How Avoiding Seemingly Mundane Paperwork Can Cost Your Business Dearly

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Trademark words around IP R symbol

How do I use Trademark Symbols?

By Travis Jacobs |

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?

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Light Bulb Globe - Crop-Compressed

How Do I Change My Business Name?

By Travis Jacobs |

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?

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trademark application and protection

What to do if Someone is Using Your Mark as a Domain Name

By Travis Jacobs |

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

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business law and litigation

Corporate Shield Only Extends So Far

By Travis Jacobs |

The notion that a corporate officer cannot hide behind their corporate shield when they have themselves committed a tort, was recently reaffirmed in Karasavas v. Gargano, 87 Mass. App. Ct. 1125, 31 N.E.3d 1191 (2015). In this case, the Court reasoned that “because ‘[a] corporation is a creature of the law,’ which can only… Finish Reading Corporate Shield Only Extends So Far

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Businesses and Employers should use caution when terminating an employee

Massachusetts Court Kicks Non-Compete Breach Suit to California

By Travis Jacobs |

The case discussed here is a fact pattern that has come through The Jacobs Law previously. A California employer with multiple offices throughout the United States has an employee who works in California and enters into an employment {contract, agreement} that contains a {non-compete, non-competition} provision. However, California has essentially banned {non-compete, non-competition} restrictions on employees… Finish Reading Massachusetts Court Kicks Non-Compete Breach Suit to California

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Vicarious Liability: Can a Business Be Liable for the Tortious Acts of Employees?

By Travis Jacobs |

Every business relies on employees to use sound judgment and make responsible decisions within the scope of the employment. Effective employees work well under limited supervision, assist customers, help the business move towards its goals, and everyone benefits. What happens when employees act unreasonably, out of the scope of employment, and, as a result, damage… Finish Reading Vicarious Liability: Can a Business Be Liable for the Tortious Acts of Employees?

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The #LowDown on Hashtag Protection

By Travis Jacobs |

Hashtags – words or phrases preceded by the ‘#’ symbol have grown into an important promotional tool for businesses on social media platforms like {Instagram, Facebook, Twitter}.  Many businesses create hashtags as part of a marketing campaign that helps drive consumer engagement with the business or product.  But can a hashtag creator claim intellectual… Finish Reading The #LowDown on Hashtag Protection

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Marijuana in the Office: The Lowdown for Employers

By Travis Jacobs |

This past November, voters approved a ballot measure legalizing the possession and recreational use of marijuana.  On December 15, the new law went into effect, legalizing recreational use and homegrowing of marijuana plants (up to 12 plants per household).  However, the state legislature and the newly formed Cannabis Control Commission have delayed the implementation… Finish Reading Marijuana in the Office: The Lowdown for Employers

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