by eclewis | Mar 17, 2011 | Business News, IP Law
Federal or State Trademark?
When filing a trademark, clients ask me, their Denver Small Business Lawyer, whether they should file a state or a federal trademark. To answer this question requires a two-prong test. First, I ask clients whether they plan to only use the trademark in Colorado or whether they are going to use it in other states also. Second, I ask clients if they plan on doing any online sales as this can easily cross state lines even if they don’t plan to physically open stores or offices in other states. If a client answers yes to wanting to use the trademark in another state or plans to sell online, then I lean towards a federal trademark; although, there are many other factors that may change this on a case-by-case basis so talk to your attorney to see if this is the right for you.
Second, I ask clients if they have the funds to secure a federal trademark. Federal trademarks are both more expensive and time consuming than state trademarks. If the chances are slim that they are going to use the trademark in other states and their funds are limited, this may be the deciding factor; although, again, talk to your attorney.
State trademarks are great if you are only going to use the mark in Colorado. However, federal trademarks protect you throughout the US. State trademarks are cheap and quick. However, federal trademarks are easier to enforce and allow for multiple claims if infringement occurs. Therefore, it is always best to talk to a professional prior to filing to see what you should do! As always, you can call me, your Denver Business Lawyer, at 720-258-6647, email me, or click on the right to Book an Appointment now!
by eclewis | Feb 19, 2011 | Business News, IP Law, Online/Social Media Law
Hopefully this is a question that you never have to ask. However, if you have a profile that violates Facebook’s Terms of Service, this may be a question that you will be faced with if you don’t change your ways!
At a recent event I was at regarding online marketing, the speaker mentioned that the way their company helps people be found on Facebook by using the profile name to mention the business or service. For instance, instead of being “Elizabeth Lewis” on Facebook, they suggested being “Elizabeth Lewis (first name) Business Attorney (last name)” or simply “Business Attorney”.
This got me thinking on two issues. First, in the Facebook terms of service, it clearly states that a profile must be linked to a person and that the person’s profile name must be their true name. For me to use “Business Attorney” as my name violates the terms of service. Now, several years ago prior to there being Business Pages on Facebook, Facebook may have looked the other way and not done anything about these misused profiles. Unfortunately, they do not anymore. Stories have come out about businesses that have had hundreds, if not thousands of friends, who suddenly have their profile deleted due to the violation of the Terms of Service. All of a sudden a site that helped the business make money is gone.
So, how do you ensure your page isn’t deleted if the profile is a business’s name? First, you can change the profile name to someone in the business so that the account now belongs to a real person. Next, set up a business page and ask the people on the profile page to friend you there. And, maintain both pages – people buy products and services from people, not from businesses. A short post about why the name is being changed and who the person behind the profile is can go a long way to having great customer relations.
Now, for the more bothersome issue. From the discussion, the speaker at this event knew what they were doing violated the terms of service and knew that a company that did this risked having their page (that they paid good money to have done for them) removed by Facebook. I wonder, did they tell their clients this risk? Did they tell their clients that other sites like Google and Yahoo tend to disfavor these “black hat” SEO practices? Did they mention that by doing things like this, their sites may be put into a black hole never to be found by search engines again? Picking a social media/SEO company to work with is like picking anything else. Make sure you ask questions about what they are doing and become an informed consumer by reading sites Terms of Service to make sure you aren’t in violation as it is your page – and not theirs – that will suffer the consequences.
For more information about online marketing, please read through the rest of the posts or sign up for a class I teach on the issue! As with all the information on this site, it is for informational purposes only and is not meant to create an attorney-client relationship nor is it meant to be legal advice.
by eclewis | Dec 14, 2010 | Business News, IP Law, Online/Social Media Law
Gawker hacked
As some of you may know, the website Gawker and its corresponding subsidiaries were hacked. Already, there are questions as to whether LinkedIn, Google and other companies are shutting down accounts due to the leaked information. If you are wondering whether your account information was compromised, you can go to http://www.slate.com/id/2277768/ and enter your information. This is a good warning to individuals and businesses to ensure that the usernames and passwords that you use or make your employees use are secure and where they are stored is secure. If you have any questions about this or what type of policy you should have for your employees communications, IT usage, or social media usage while using company products, please call me, your Denver Small Business Lawyer, at 720-258-6647.
by eclewis | Oct 16, 2010 | Business News, IP Law, Misc. Legal Tidbits, Online/Social Media Law
Can I be sued there?
Today’s Legal Minute for Small Businesses: The last thing a small business owner needs is to be defending a lawsuit in a state that the small business owner doesn’t live in. Unfortunately, that is exactly what can happen if the small business owner doesn’t have a contract with the people and companies he or she works with that lays out what courts have jurisdiction over any disputes. A well written contract will state both where any lawsuits must take place (i.e. both parties agree to Denver County District Court having jurisdiction) and what state’s laws will govern any disputes (i.e. both parties agree that the laws of the State of Colorado will govern any disputes between them). By having both a jurisdiction clause and a choice of law clause, a small business owner can help ensure that he or she won’t be defending a suit in another state. ***Although, please note, that a jurisdiction clause and choice of law clause may not protect you from defending a suit in another state in all cases. Please check with your attorney to determine if these clauses are helpful for your specific contract!***
by eclewis | Oct 15, 2010 | Business News, IP Law, Online/Social Media Law
Today’s Legal Minute for Small Businesses: Are you having software developed? Are you developing software for someone else? Have you considered who is going to own the software after it is created? A software development contract can ensure that all the parties know who owns the software that is created – and stop costly litigation fights over ownership in the future!
by eclewis | Oct 14, 2010 | Business News, IP Law
Today’s Legal Minute for Small Businesses: Several months ago, I met someone that wanted to know about copyrighting recipes. Recipes are one of the few creative things that cannot be copyrighted without “more”. In this case, the “more” is something more than a mere listing of ingredients. For example, to copyright a recipes, you must include a description, explanation, or an illustration with the recipe. However, fear not, because if the recipe is really good you can always keep it a trade secret. (Think the recipe for Coke!)
