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 …
The Rules of Influencing
Social media influencer was not a job title when I was growing up. Social media did exist, but it was used primarily to connect with friends or watch funny cat videos. But as we all know times have changed and now not only is “Influencer” a job title, it’s a pretty lucrative one at that. But like anything in life, …
Dealing with Cease and Desist: the good the bad and the ugly
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 …
Arbitrary or Fanciful: Choose a Strong Mark
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 …
Force Majeure: What is it and should it be in my agreements?
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 …
SO YOU RECEIVED AN OFFICE ACTION…NOW WHAT?!
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 …
Top 6 Benefits to Starting Your Business the Legal Way
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 …
Instagram Shadowban got you down?
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 …
Social Media: Actually it isn’t the Wild West Part 1
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 …
Social Media: This isn’t the Wild West Part 2
Welcome back to my series on, how not to get in trouble working as a social media influencer. Ok, I am still working on the best way to describe these articles. This week we are going to focus on the Federal Trade Commission (FTC) guidelines for advertising, marketing, and endorsements as it applies to social media. The FTC is concerned …