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Category Archives: Small Business Issues

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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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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Non-Compete Reform is Not Dead in Massachusetts

By Travis Jacobs |

Back in 2016, the Massachusetts House and Senate each passed different versions of non-competition reform bills, seeking to make changes to existing laws allowing employers to restrict its employees from gainful employment after termination. Both bills, however, failed, as the legislature was unable to come to an agreement before the legislative session ended.  While… Finish Reading Non-Compete Reform is Not Dead in Massachusetts

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Yes, Your Website Needs a Terms of Use Policy

By Travis Jacobs |

Recently, we posted a blog laying out the importance of a website’s privacy policy.  A quality privacy policy, however, is only half of the equation when it comes to protecting your website.  To truly protect yourself and your business, you need a comprehensive agreement that legally binds your users and regulates their actions on… Finish Reading Yes, Your Website Needs a Terms of Use Policy

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The Importance of a Privacy Policy

By Travis Jacobs |

It is no secret that the public’s concerns over the use and protection of their personal data has intensified in recent years.  Today {companies, website owners, businesses} that collect the personal information of their {customers, clients, website visitors} are expected to establish and maintain detailed and effective plans to safeguard the storage and use… Finish Reading The Importance of a Privacy Policy

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liability for third party harassment

Uber’s Legal Issues Are Not Unique

By Travis Jacobs |

…Your Business Will Face Them Too Small technology companies and young tech-world entrepreneurs probably look at Uber and dream of what could be. In many ways, Uber is a model of business success.  However, in the last few years Uber has been subject to class action wage and salary lawsuits (unpaid overtime, misclassification of workers) in… Finish Reading Uber’s Legal Issues Are Not Unique

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