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Dealing with Cease and Desist: the good the bad and the ugly

In Trademark 101 by Shannon Montgomery

If you’re in business for any amount of time it is likely that you will receive a cease and desist letter at some point throughout your journey. If you recall this article you’ll know that monitoring your intellectual property (trademarks/copyrights) is part of owning it. So, it isn’t surprising that you might get a cease and desist at some point …

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Arbitrary or Fanciful: Choose a Strong Mark

In Blog, Trademark 101 by Shannon Montgomery

In a recent article, I discussed the importance of not having a company name that is merely descriptive or generic This week I want to talk about the types of marks you do want, in order to obtain trademark registration with the USPTO. As mentioned earlier, distinctiveness gives a mark the ability to distinguish the goods or services upon which …

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Force Majeure: What is it and should it be in my agreements?

In Contracts 101 by Shannon Montgomery

In light of the COVID-19 pandemic, we have been thrust into an unprecedented situation. Businesses across the globe have been ordered to close their doors and the ripple effect has affected both consumers and businesses. With companies unable to provide their goods/services, many are trying to find ways to protect themselves and avoid lawsuits. Enter the Force Majeure clause…. What …

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SO YOU RECEIVED AN OFFICE ACTION…NOW WHAT?!

In Trademark 101 by Shannon Montgomery

Well, long time no chat over here on the blog am I right?! I have been busy at the firm which is never a bad thing. But, I had a great topic come up in practice this week so I thought hey! Let’s make some content, shall we? Back to business we go. The dreaded 2(d) Office Action You have …

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Timeline of a Trademark Application

In Trademark 101 by Shannon Montgomery

Starting a business can be scary. There are a lot of unknowns. I absolutely understand that. Starting this law firm was, and at most times is still scary. So, as an attorney that works with business as they grow and build, I want to do all that I can to take out some of those unknowns. Filing a trademark registration …

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Top 6 Benefits to Starting Your Business the Legal Way

In Business 101, Contracts 101, Online Business Necessities by Shannon Montgomery

I spend the majority of my time counseling budding entrepreneurs about the importance of setting their businesses up the legal way. And I don’t just mean filing your taxes properly so the IRS doesn’t come after you. There is a lot that goes into doing thing the right way, and protecting what it is you’re building. I know the new …

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Instagram Shadowban got you down?

In Business 101 by Shannon Montgomery

I don’t know if you know this about this firm, but the reason it exists is because of a personal Instagram page @LiftingLawyer. I started that page to document my fitness lifestyle, I had just graduated from law school, and fitness Instagram was new. Fast forward to 2017 and I received quite a few inquiries from fitness influencers and other …

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Social Media: Actually it isn’t the Wild West Part 1

In Copyrights 101, Trademark 101 by Shannon Montgomery

As promised here is the first installment of articles discussing the laws and regulations that apply to social media use and yes, to influencers. Intellectual property (IP) is a huge chunk of my law practice. I spend the majority of my time on trademark prosecution followed by some copyright registration and a lot of IP education. For a background on …