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What is Trademark Incontestability?

By Travis Jacobs |

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?

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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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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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service mark and trademarks

Are YOU a “Trademark Bully”?

By Travis Jacobs |

A trademark serves as a fixed representation of a business’ brand and its goodwill, and conveys a message to consumers of the quality of goods and services offered by the business. However, recently businesses have been taking their exclusive right to use the marks to an extreme. The United States Patent and Trademark Office… Finish Reading Are YOU a “Trademark Bully”?

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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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business litigation lawyers

Employee or Independent Contractor?: How to Classify Workers In Massachusetts using the Three-Prong Test

By Travis Jacobs |

Want to know if you have been misclassifying your workers as independent contractors rather than as employees?  Better yet, want to know if you have been misclassified by your employer? Today’s blog will discuss the legal standard in Massachusetts to determine whether a worker is an independent contractor or an employee under the law. Employers… Finish Reading Employee or Independent Contractor?: How to Classify Workers In Massachusetts using the Three-Prong Test

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Independent Contractor Statute

Business bLAWg WBIX AM1260 – Classifying Independent Contractors – June 24, 2017

By Travis Jacobs |

[embedyt] https://www.youtube.com/watch?v=LhM5OPjEOPQ?t=1&width=700&height=393[/embedyt] Listen to the Business bLAWg on WBIX AM1260 with the lawyers from Boston business law and business litigation law firm, The Jacobs Law LLC. On this show, we discuss common issues small business owners deal with when classifying workers as independent contractors. Any business that uses independent contractors in Massachusetts should be… Finish Reading Business bLAWg WBIX AM1260 – Classifying Independent Contractors – June 24, 2017

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