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.
Attorney Michelle DelMar
Focusing on Business, the Whole Business and
Nothing but the Business.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:
- Business Planning,
- Protecting Assets of Owners,
- Joint Venture Agreements,
- Funding and Financing information
- Incorporating and Limited Liability Companies,
- Buying a Business,
- Trademark and Copyright registration,
- Commercial Leasing and
- Licensing and Permits,
- Distributorship Agreements,
- Non-Compete Agreements,
- Non-Disclosure Agreements, Confidentiality Agreements
- Licensing Agreements,
- Executive Contract,
- Employer Compliance,
- Sales and Service Agreements, etc., and
- Selling a Business,
- Sale of Lease Assignment,
- Merger or other disposition.
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
Helping entrepreneurs start and grow Cannabis businesses, Cannabidiol (CBD) businesses, and related dispensaries and businesses. Contact Michelle DelMar, Esq. for a free consultation.
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:
- RELATIONSHIP OF THE PARTIES
- SERVICES. Design, Subscription, Access, Migration, Maintenance, etc.
- COPYRIGHT ISSUES
- CUSTOMER SUPPORT (and limitations thereof).
- API’S. Access to API’s and limitations, disclaimers etc., related thereto.
- FLASH COOKIES. Related terms.
- USE AND LIMITATION ON USE.
- RESPONSIBILITIES OF CUSTOMER, e.g. password, notice of compromised password, etc.
- CUSTOMER REFERENCE (Authorization for use of customer identity, etc.).
- USE OF COMMUNICATION SERVICES.
- CUSTOMER DATA.
- USER SUBMITTED MATERIALS.
- LINKS – TERMS RELATED THERETO.
- DISCLAIMERS- LIMITATIONS OF LIABILITY
- QUALITY OF PERFORMANCE.
- COMPENSATION. Payment Methodology. Expenses.
- DESIGNER’S PERSONNEL.
- RIGHTS TO DOMAIN(S).
- INTELLECTUAL PROPERTY; LICENSE.
- HOW AND WHEN IT MAY BE TERMINATED.
- DISPUTE RESOLUTION.
AND OTHER IMPORTANT CLAUSES.
Tags: Website Design Agreement
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.
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.
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.”
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:
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,
Trademark Licensing Agreement Checklist
Distributor Agreement Checklist; 19 Issues for Distributor Agreement
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.
CONFIDENTIALITY AGREEMENT CHECKLIST
Checklist for Confidentiality Agreements ( NDA )
Consider the following important subjects to be addressed in Confidentiality Agreements. To learn about When Do I need a Confidentiality Agreement?, click here.
1. Full names and physical address of each party (P.O. box not sufficient). The individual as well as the company.
2. Statement regarding whether this involves a contemplated business arrangement, business discussions or existing business relationship.
3. Describe the consideration offered to create an enforceable Confidentiality Agreement (contracts must have consideration to be binding and enforceable, with limited exceptions).
4. Clarify tangible and intangible format for information.
5. Clarify the required marking on the material, e.g. marked "Confidential" or "Proprietary" or lack of such requirement.
6. Intended recipient must agree to the following regarding the information:
a. maintain the secrecy;
b. shall not disclose;
c. take all reasonable steps and precautions to preserve;
d. notify discloser of unauthorized release of Confidential Information;
e. use the Confidential Information solely [ complete ];
f. not use any of the Confidential Information for its/her/his own benefit, except as expressly authorized;
g. not use any of the Confidential Information for the benefit of any third party;
h. deliver to the Discloser Confidential Information;
i. acknowledge that all Confidential Information is and will be the sole and exclusive property of the Discloser;
j. direct Recipient's representatives, agents and employees (Recipient's Representatives), not to, disclose to any person the Confidential Information or any part thereof;
k. accept full responsibility for any violation of any term of this Agreement made by one or more of the Recipient's Representatives.
7. Describe exceptions to the Confidentiality Agreement, as required by law.
8. Provide for Recipient's payment of attorneys fees and costs in event of breach of Confidentiality Agreement.
9. Provide for period of enforceability of the Confidentiality Agreement.
10. Provide for intended third party beneficiaries of the Confidentiality Agreement, if applicable.
AND DON'T FORGET THE SIGNATURE OF THE PARTY BOUND NOT TO DISCLOSE!
Related Information and Checklists:
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Tags: Understanding Business Agreements, Confidentiality Agreement Checklist, Joint Venture Agreement Checklist, Non Compete Agreement Checklist, Selling a Business, Strategies from Business and Trademark Lawyer, Checklists for Businesses, What are Trademarks, International Business Law, NDA