Category Archives: Small Business Issues
Quick Tips: Trademarks
“A rose by any other name would smell as sweet” worked well for Shakespeare, but the concept may apply when it comes to your business name, branding, DBA names, mottos, slogans and taglines. You want your ‘rose’ to only be called ‘rose’ to avoid a confused consumers believing that the rose of another is… Finish Reading Quick Tips: Trademarks
Is my DocuSign Signature Enforceable?
Electronic signatures are becoming increasingly more popular as technology evolves and people are looking for ways to become more efficient. The idea of being able to type your name into a computer instead of having to sign a physical document and send to different parties is very appealing, as it saves time, money,… Finish Reading Is my DocuSign Signature Enforceable?
Protect Your Business Before You Sign a Commercial Lease
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
Minutebooks: How Avoiding Seemingly Mundane Paperwork Can Cost Your Business Dearly
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
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
Corporate Shield Only Extends So Far
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
Massachusetts Court Kicks Non-Compete Breach Suit to California
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
Vicarious Liability: Can a Business Be Liable for the Tortious Acts of Employees?
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?
