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Michelle DelMar, Esq.

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Attorney Michelle DelMar

Focusing on Business, the Whole Business and

Nothing but the Business.

Trademark Attorney, Contract Attorney, Corporation Attorney

Michelle DelMar, Esq., Trademark Attorney, Contract Attorney, Corporation Attorney

 
 
Michelle DelMar, Esq.
 
Small Business Lawyer, Trademark Attorney and Executive Contract Lawyer.
 
Martindale-Hubbell®
Client Review Rating: “Preeminent” (5 out of 5)
 Peer Review Rating:  4.7 out of 5
 
Michelle DelMar, Legal Strategist for Top Growing Businesses, provides information,  guidance and services for small businesses:
 

Taking small businesses From Startup:

to Operation:

and Exit, Sale or Transfer:
 
 

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Legal Info for Businesses

Business Checklists

Understanding Agreements

Want to Discuss your Business Issues? Click here to speak to Michelle Grenier and/or schedule a consultation.

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Michelle DelMar, Esq.

Business Lawyer, Trademark Lawyer and Executive Contract Lawyer

Michelle DelMar, Esq.

Michelle DelMar, Esq.
Helping new businesses startup, existing businesses grow and executives achieve their goals. Business clients enjoy the service, attention and accessibility of in-house counsel, without the added costs of hiring an employee.
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Recent Posts

Business Dissolution Made Easy

Posted by Michelle DelMar, Esq. Jul 10, 2020 10:28:53 PM

A well-drafted business agreement for founders of a business, can reduce stress when it comes time to separate later, if it contains the appropriate separation provisions.  It also can help save personal relationships of the founders, that are vulnerable during times of business dissolution.

Tags: Business Dissolution, Business Separation, Partnership Separation

Trademark Registration, a valuable property investment.

Posted by Michelle DelMar, Esq. Jan 14, 2020 11:24:16 PM

Many people come to me with their list of goals they want to achieve.  In the past, their lists included investments in their retirement fund, stock investments, real property, etc.  However, more and more clients are seeing the value in Trademarks, as intellectual property.

Tags: Strategies from Business and Trademark Lawyer, Licensing Agreement Checklist, What are Trademarks, Trademark Lawyer

Helping Dispensaries, Farmers and CBD Product Manufacturers with Cannabis Business Law, Cannabidiol (CBD) Business Law, and Related Business Law matters.

Posted by Michelle DelMar, Esq. Nov 15, 2019 6:51:45 PM

Helping entrepreneurs start and grow Cannabis businesses, Marijuana businesses, Cannabidiol (CBD) businesses, and related dispensaries and businesses.  Contact Michelle DelMar, Esq. for a free consultation.

Tags: Cannabis business law, Cannabidiol (CBD) business law, Marijuana Dispensaries and Business Law

Website Development and Design Agreement Checklist

Posted by Michelle DelMar, Esq. Jul 28, 2019 7:45:34 PM

Website Development & Design Agreement Checklist

 

Your Website is an important asset, at it is your virtual storefront. It's important to have an Agreement that covers your interests with regard to Website Development, Website Design and Website Maintenance, to reduce the risk of under construction delays, copyright infringement claims, as well as getting what you pay for. Michelle DelMar, Esq., has 20 years experience dealing with these issues and can provide valuable information and advice.

Before entering into a Website Design Agreement, Website Development Agreement, Website Hosting Agreement or Website Maintenance Agreement, consider the following issues:

  1. RELATIONSHIP OF THE PARTIES
  2. SERVICES.  Design, Subscription, Access, Migration, Maintenance, etc.
  3. DELIVERABLES
  4. COPYRIGHT ISSUES
  5. CUSTOMER SUPPORT (and limitations thereof).
  6. API’S.  Access to API’s and limitations, disclaimers etc., related thereto.
  7. FLASH COOKIES.  Related terms.
  8. USE AND LIMITATION ON USE.
  9. RESPONSIBILITIES OF CUSTOMER, e.g. password, notice of compromised password, etc.
  10. CUSTOMER REFERENCE (Authorization for use of customer identity, etc.).
  11. USE OF COMMUNICATION SERVICES.
  12. CUSTOMER DATA.
  13. CONFIDENTIALITY.
  14. USER SUBMITTED MATERIALS.
  15. LINKS – TERMS RELATED THERETO.
  16. DISCLAIMERS- LIMITATIONS OF LIABILITY
  17. QUALITY OF PERFORMANCE. 
  18. COMPENSATION.  Payment Methodology.  Expenses.
  19. DESIGNER’S PERSONNEL. 
  20. RIGHTS TO DOMAIN(S)
  21. INTELLECTUAL PROPERTY; LICENSE.
  22. HOW AND WHEN IT MAY BE TERMINATED. 
  23. DISPUTE RESOLUTION.  
  24. INDEMNIFICATION.
    AND OTHER IMPORTANT CLAUSES.

Tags: Website Design Agreement

WHAT IS A DBE OR ACDBE?

Posted by Michelle DelMar, Esq. Jul 16, 2019 7:22:24 PM

WHAT IS A DBE OR ACDBE? DO I QUALIFY AS A DISADVANTAGED BUSINESS ENTERPRISE?

DBEs are for-profit small businesses that have socially and economically disadvantaged individuals own at least a 51% interest and also control management and daily business operations. African Americans, Hispanics, Native Americans, Asian-Pacific and Subcontinent Asian Americans, and women are presumed to be socially and economically disadvantaged (Note, other individuals can also qualify as socially and economically disadvantaged.  Such is determined on a case-by-case basis).

To participate in a DBE program, a small business owned, operated and controlled by socially and economically disadvantaged individuals must receive DBE certification from the applicable state.  In addition, the 51% owner must have a personal net worth that does not exceed the maximum amount set by the Federal Government.  Also the business must meet SBA size criteria and have average annual gross receipts not to exceed the maximum (Note, size limits for the airport concessions DBE program may be higher). 

ACDBE is the DBE program for Airport Concessions and Airport Contrators. 

 

Related Articles:

Airport Concessions Leasing

Tags: Airport Concessions Lease

Trademark Lawyer Blog, Part 5  | Can I obtain Trademark Registration for my SLOGAN? Copyright registration for SLOGANS?

Posted by Michelle DelMar, Esq. Jul 16, 2019 7:03:23 PM

Can I obtain Trademark Registration for my slogan? Do I have copyrights for my slogan? This article addresses this common question.

Protecting your rights to your trademarks is essential to protect your investment, whether it be time, effort, money or other resources, in marketing your a product or service. It is also important to know what the limits are, for such protection, so that your marketing strategy can be developed in a manner that will allow for the greatest protection of your mark.

1. Trademark.

The United States Patent and Trademark Office (USPTO) has strict regulations regarding whether or not a slogan may be registered as a trademark. Here is a summary of issues that are relevant in determining whether a slogan is registerable.

(a) The slogan should be used to identify the source of the goods or services and not merely “laudatory,” “informational” or “generic” (that is, the should be capable of distinguishing your particular service or product from the service or product of another source).

(b) For products, the slogan should be made a part of the packaging to show that the mark is being used as a source identifier.

(c) The slogan should either

(i) be inherently distinctive and qualify as a trademark in itself;

(ii) be identified with the product or service to the extent that consumers, when seeing or hearing the slogan, relate the slogan to your particular product or service (that is, show that the slogan has developed what the law refers to as a “secondary meaning, e.g., Nike’s “Just Do It”).

Note, even if a slogan does not amount to a registerable mark, under federal registration guidelines, laws protects certain slogans under “common law” principles relating to unfair competition, that is, where the mark has acquired a “secondary meaning.”

2. Copyright.

The United States Copyright office regulations prohibit copyright registration for “short phrases” and “slogans.” In addition, such regulations prevent the registration of the registration of “words, phrases, symbols, or designs that identify the source of the goods or services of one party and distinguish them from those of others.” Instead, related protections fall under the trademark laws.

Also note, if a slogan can pass the “originality” test and is not intended to identify the source of the services or products (that is, the slogan is not intended to be used as a trademark) then copyright protection may be possible. See article concerning copyright protection.

In addition, make sure your slogan is available for your use (will not infringe on the rights of others), before your invest your time, effort, money and other resources. Contact a qualified Trademark Lawyer to obtain professional advice concerning the availability of your slogan for your use and for advice concerning strategies that will help you get the greatest protection for your mark.


Michelle DelMar, Esq. is an experienced Trademark Lawyer. Click here to contact Attorney DelMar to start the conversation about your business plans and trademarks.

Related Articles and Information:

Tags: Strategies from Business and Trademark Lawyer, What are Trademarks

Strategic Marketing Alliance Agreements at Airports

Posted by Michelle DelMar, Esq. Jun 29, 2019 5:59:21 PM

When entering an Airport Concessions Lease, consider the advantages of developing strategic marketing alliances with airlines and airport shops, kiosks, restaurants and other service providers.  These alliances can create win-win relationships for your business, without the high cost of advertising.  For example, with a well-drafted Strategic Marketing Alliance Agreement, you can leverage the rewards programs of other businesses, by providing discounts for reward memberships of other businesses, 

Tags: Joint Venture Agreement Checklist, Airport Concessions Lease

Trademark Lawyer Blog, Part 4 |  License Agreement Checklist

Posted by Michelle DelMar, Esq. Jun 25, 2019 8:15:59 PM

Trademark Licensing Agreement Checklist

Tags: Joint Venture Agreement Checklist, Strategies from Business and Trademark Lawyer, What are Trademarks, Trademark Lawyer

Distributor Agreement Checklist; 19 Issues for Distributor Agreement

Posted by Michelle DelMar, Esq. Jun 25, 2019 7:37:16 PM

Distributor Agreement Checklist; 19 Issues for Distributor Agreement

Tags: Understanding Business Agreements, Confidentiality Agreement Checklist, Distributor Contract, International Business Law, Distributor Agreement Checklist

More About Executive Contracts

Posted by Michelle DelMar, Esq. Jun 25, 2019 6:58:53 PM

IMPORTANT CONSIDERATIONS FOR EXECUTIVE CONTRACT.

The "trust" relationship between Executive and Employer is an essential factor in the level of production and goals achieved during employment.  A win-win structure in this relationship must satisfy both the personal and professional goals of the Executive, as well as the business goals of the Employer.   A well-drafted Executive Contract plays an essential role in protecting the relationship between Executive and Employer and provides a solid foundation from which the relationship and company can thrive.

Tags: Executive Contract, Independent Contractor or Employee, Joint Venture Agreement Checklist, Non Compete Agreement Checklist, Employer Compliance, Executive Contract Checklist