Logo Trademarking – Some Legal Implications You Should Know

When starting a business, you need a clear digital marketing strategy and the selection of a unique name and logo for your business recognition is paramount. And then you need to take care of certain intellectual property rights for the protection of your logo. The type of intellectual property rights which are applicable to a logo is trademark.

A trademark is basically a symbol, word, design or a letter used by a company to distinguish its products and services from others. As the business progresses, trademark becomes your brand recognition and you need to secure it by getting trademark rights. A logo is a trademark with design to differentiate a company’s product among others.

Once you’ve selected a logo, the next step is to trademark it. This could become quite challenging if you do not consider the legal implications trademarking can lead to. Therefore, you must be well informed and aware of all the consequences.

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Modern Responsive Website

Why Is It Important To Have A Modern Responsive Website For My Law Firm?

As a law firm, it is extremely important to build a strong online presence. Doing so will help you gain more exposure, and in turn should lead more clients through your doors. Unfortunately, a lot of lawyers underestimate the importance of having a modern, responsive website design for their website. Instead, they are working with sites that are old, outdated, and which were poorly designed to begin with. This is absolutely not good enough.

If you want to be successful as a law firm, you need to build the best website that you possible can. Make sure that it is responsive on all platforms (computer, mobile and tablet), and make sure that it looks great. Some of the reasons why a responsive modern website is essential to your law firm include:

A Responsive Site Will Encourage Visitor Engagement

In the modern world, a lot of people browse the internet from the comfort of their smartphones or tablets. However, these are significantly smaller than traditional computers, which means that websites behave differently on them.

In the past, people browsing on their mobile would have had to zoom in to read things, would have scrolled horizontally to discover all of content of a page, and probably would have ended up missing things anyway. However, this isn’t good enough anymore. If someone opens a webpage on their mobile which isn’t compatible with a mobile browser, they will simply leave. This will reduce the number of visitors engaging with your site, and will therefore impact the success of your online marketing.

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Sexual Harassment

Business Advice: Sexual Harassment Complaints – Take It Step By Step

Sexual harassment in the work place is a topic discussed in every board room and by the lawyers that represent them.  The last year has soon an explosion of information about workplace misbehavior and untold stories of abuse and exploitation.  It’s important to take a step back and examine some of the rules and considerations when addressing an allegation of sexual harassment in the work environment.

First, only employers of a certain size are covered by these guidelines.  It’s important to check in your jurisdiction to understand exactly what the requirements are.

Secondly, not all employees are covered under most harassment laws.  For example, unpaid interns and independent contractors do not qualify.

There are also caps on damages that can be recovered in these types of cases, both for compensatory damages (damages designed to compensate a person for harm or distress) and punitive damages (damages designed to “punish” someone who’s done something wrong).

Other remedies may also be available which need to be “exhausted” (ie; tried before moving to litigation).  And deadlines for filing a case are also an important consideration.

According to legal experts, sexual discrimination can take the form of a “hostile work environment”, created by severe or pervasive sexual harassment or it can involve a “quid pro quo” where sexual favors are required in exchange for some other work benefit (such as a promotion).  This includes both same-sex harassment and opposite-sex harassment.  LGBTQ individuals are protected under these guidelines who are discriminated against based on their sexual orientation.

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Legal Contracts

Too Busy to Read Lengthy Legal Contracts?

Expert lawyers can help Safeguard your Business Interests

When you are just starting your own business, you can expect to be extremely busy with multiple tasks. It’s natural that you may have no time to wade through detailed business contracts and scan the terms and conditions contained in them. By hiring trustworthy commercial lawyers such as Rowe Bristol, you can ensure that your business interests are protected from legal consequences. By hiring competent lawyers right from the start, you can devote your energies to growing your business and feel confident that your lawyer is looking after your best interests.

The problem is that starting or operating a business invariably involves creation and preparation of legal contracts. After all, how does a busy business entrepreneur have the time to read through all the fine print contained in lengthy business contracts? Unfortunately, failure to pay attention to legal terms can result in unforeseen and often unfavourable circumstances. It’s very important to understand the implications of every sentence contained in a legal contract especially if money is involved. As the stakes get high, it’s important to hire reliable lawyers who will explain the conditions of the legally binding financial agreements clearly; he or she will also explain the expectations of you as well as terms of compliance with the agreement.

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mergers-acquisition-tips

Mergers & Acquisition Tips and Advice

Mergers and Acquisitions (M&A) are often an extremely important part of a business so it is vital to ensure your commercial lawyers are on board and ready to help you in any way they can. Whether you are selling your company, merging with another one or buying one to add to yours you need to close that deal and get all the benefits you want – or most of them, in the deal.

Here are some tips and advice for those M&As.

  • Get an impartial M&A adviser who can help you through the process and see that everything is done properly without being controlled by their emotions as you well might be. M&A are often a rocky ride with things changing from one day to the next and just when you were almost ready to give up, suddenly everything straightens out and you have success at your fingertips. An impartial adviser or mentor can really help you along the way.
  • Make logic and facts your friends. No amount of screaming or pulling your hair is going to help, so keep your calm. It is important not to grab the first offer given because it can so easily be bettered. A little hesitation can work wonders and options should always be sought. They are likely to increase your chance of a great deal.

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dispute-resolution-in-business

5 Tips for Dispute Resolution in Business

There are often disputes in business that if not handled correctly and resolved can lead on to litigation, a long drawn out procedure that can cost a business dearly. In some cases, small businesses may never recover. But before you bring lawyers & solicitors on board to give legal advice, see if some of these dispute resolution techniques can help.

  • If the dispute is with another business such as a supplier, contact their company to see if they have and dispute resolution procedure in place to follow. Always word your correspondence tactfully and politely. Use that to deal with the dispute.
  • If there is not, contact the supplier and ask them to discuss the matter with you. If they agree try to keep the discussion unheated and listen to them carefully to see if what they say is right. See what they want to happen about the problem.
  • If the above doesn’t work, bring in a professional mediator. A mediator can offer neutral advice that does not favour one or the other. They can defuse a situation that is in danger of getting out of control and often know how to bring about a solution to the problem.

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Trademark Infringement and Social Media

While the nigh countless advantages and benefits of social media for business success cannot be denied, companies today face many challenges in the playing field as well. These challenges originate both within and outside the company, making it quite complicated for the relevant authorities to deal with them. The growth and increased use of social networking platforms such as Twitter, Facebook, YouTube, etc has not only made the interaction between the user and company easier but has also brought with them a number of risks.

Organizations aim at streamlining communication between the consumer and seller. But having their trademarks infringed by consumers or even their own employees on social media would be utterly devastating and lead to hiring lawyers and expensive court cases.

As Daniel J. Boorstin said,

“An image… is not simply a trademark, a design, a slogan or an easily remembered picture. It is a studiously crafted personality profile of an individual, institution, corporation, product or service”.

A company for example, needs to bear in mind the two most important aspects with respect to social media’s infringement on trademark. Firstly, the different ways your trademarks can potentially be infringed by others. Secondly, how your social media actions may unintentionally result in a breach of some other company’s trademark rights.

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Violation of Minority Shareholder Rights can be Resolved

Minority shareholders often face issues related to oppression or violation of minority rights. Competent commercial lawyers can help you resolve problems and assert your lawful rights in the company. In any business or company, the directors, officers and majority shareholders have a duty to work for the best interests of all shareholders (a minority shareholder is an individual who owns less than 50% stock in a company). An important component of this duty is to ensure that minority shareholder rights are not violated. For example, employees of a company who are also minority shareholders can be terminated from employment (just like other employees). However, in the absence of a shareholder agreement, the matter is usually debated in court and may take a longer time to resolve.

The court will then examine the circumstances and balance the duties of the majority shareholders against the claim of the minority shareholders. The process is not only complex, time consuming and tedious but also involves steep legal costs. Minority shareholders typically face a set of common problems which include but are not restricted to:

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Beware Of These Legal Issues As These May Sink Your Business

There are multiple legal and ethical matters you need to consider when starting your business. A firm check and balance of legal formalities will lay a strong foundation for your business. On the other hand, violations in any legal matter may doom your business. Therefore, it is of utmost importance to pay close attention to legal matters before they become an issue.

Lawyers List provide some of the important legal and ethical issues you must pay heed to, when building the foundation of your business.

Not Registering the Name and Structure of Your Business

This is the first and the most important legal issue that can lead to the downfall of your business within seconds. By not getting your company name registered, you are at the verge of sinking your business. This is because, chances are you’ll later find another company with the same name already registered. This could become the ‘sole reason’ for your business’ downfall as all your local and foreign clients will retreat from investing in your business, causing you millions of loss.

Similarly, not registering the business structure in the start of your business is another fatal mistake at your end. Without registration, you are a nobody in the field of business.

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Common Legal Issues Faced by Tech Startups

Prevention is better than Cure. Therefore, if you would like to avoid the need to hire a law firm, be wise and learn in time the common legal issues faced by tech start-ups to avoid all upcoming legal problems.

For tech start-ups, there is already so much going on in the early stages of their business that they become oblivious to some really important legal issues. These issues can become soul crushing mistakes and pose serious threats to your business, resulting in its failure.

However, it’s not that these issues are impossible or complex to handle. But because these are overlooked while dealing with other affairs of your start-up company, you ultimately forget them and later face unbearable consequences.

So here’re some of the lawyers issues highlighted for tech start-ups to help you save your company from legal issues and expensive lawyers which could permanently ruin your great idea.

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What Can Be Included In My Will

What Can Be Included In My Will?

Good family lawyers are the best people to deal with when making a Will. They’ll ensure it is all done in a way that is legal and they can also keep the Will in a safe place for you.  However, a Will can still be valid when it is drawn up by you alone, so long as it is signed, dated and signed by at least two witnesses.  That said, there are some things that cannot be included in a Will and others that can be, but you may not even think about them.

Two things that cannot be include in a Will

  • Life insurance payout. You will have to name a beneficiary when you take out the insurance and this will supersede any Will.
  • This too, has to have a beneficiary named on it, so it is not included in a Will.

A Will is not always about cash and property.  Other things that can be included in a Will

  • Organ transplants and disposal of your body
  • Executor’s payment
  • Who should occupy your home – if it’s not to be sold
  • Gifts to charities
  • You can release a debt that is owed to you
  • You can also appoint a guardian for a minor, but this may not be done according to your Will.

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Common Legal Issues Faced By E-Commerce Businesses

With the advanced and increased use of online media, online business is becoming a fast emerging trend. Every five in eight companies are operating online, conducting e-commerce business. But being functional online doesn’t mean you can escape legal matters.

There are various legal issues associated with eCommerce businesses as well. And if these issues are not taken care of in time, they can lead to serious problems for your business.

Described below are some of the common legal issues an e-commerce business faces.

Incorporation Problem

If you are a company operated merely via a website, not being incorporated is a crucial problem. Any purchase and selling activity related to your products will be considered illegal and you can’t claim your right in case of any fraud and corruption. Without incorporation, your business has no shelter.

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Legal/Ethical Issues to Consider When Starting a Business

When starting a business, there are numerous ethical and legal issues that must be considered by a business owner. Taking legal and ethical issues into account in the beginning of your business doesn’t only ensure your quick progress but it also provides your business with long-term benefits.

But in this fast paced world of today, startup companies concentrate more on their clientele instead of making policies for their company. This has been one of the main flaws, which has greatly affected the performance and progress of new-born businesses. There are, however, some other legal issues as well that businesses must try to avoid. These are:

Not Getting Business Licenses

Business licenses are the permit from the government of your country. Without getting a legal work permit, there is no authenticity of your business. So being caught up in challenges of a new business, ignoring this legal document can halt your business activities permanently. You must consider the collection of business license as your first priority.

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Common trademark issues – What your Business Needs to Know

Branding your business through a trademark is one of the most common business techniques, yet one with proven effectiveness. Every company or business in Australia has its trademark, serving as the differentiating factor between brands. This is the identity of your brand and encompasses all aspects of your business. This branding strategy ensures your brand’s and business’ protection. Therefore, you must take certain trademark issues into account before finalizing one for your company.

According to Dr. Linus Pauling, the famous American chemist, ‘The best way to have a good idea is to have a lot of ideas’. So, do not linger on just one idea. Look for more ideas and you will be flooded with hundreds of them. Ponder over the pros and cons of each, then choose the best.

Selecting a Trademark without Research

Even the most professional businesspeople, at times, jump into the decision to finalize their trademark, skipping all the research, brushing it all off as mere formalities. What if, after all the work that goes into designing and registering a trademark, you find out that some other company is already using a similar one? You certainly won’t be able to use it then, essentially rendering all of the effort and time that went into the process useless.

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Intellectual Property Rights – What You Need To Know

Before understanding about Intellectual property rights, you should first know the basics of intellectual property (IP). Intellectual property is defined as the creation of your mind i.e. ideas, innovations, inventions, literary and even artistic works, designs, names etc. in the field of commerce. IP can be seen everywhere around you. The trademarks, trade secrets, films, music and even the shape of a product, everything falls in the category of intellectual rights.

What Is Intellectual Property Rights?

The intellectual property rights are for the protection of your work, reserving rights limited to you only. Having these rights, you can easily financially benefit yourself and earn recognition based on your work. Once you have these rights, no one else can ever be entitled to your work.

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Choosing the Right Ownership Structure for Your Business

A business startup is actually incomplete without the decision of its structure. The structure of a business has a lot to say about its legal position and size of the organization and number of members (with every option having its own set of details). It is highly important to keep in consideration all the pros and cons associated with the options so the decision could be made keeping in view all the necessary aspects. The amount of formalities, taxation and liabilities all depend on the type of business structure that is selected.

The nature of business and its future goals also play an important role in selection of business structure. There are three main types of business structures widely followed.

Sole Proprietorship

The one man show – Sole proprietorship is said to be the simplest business structure. It is also one of the most common forms of business as it is easy to form and dissolve; also the proceedings are rather simple and not much regulations to follow. Not only it is simple to form, it also seldom gets complicated if run smoothly. But the sole proprietor is responsible and personally liable for any loss, as he/she benefits from all the profits.

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Copyright Explained – What’s The Fair Use Rule?

Copyright violation has been a much debated topic and also it has been under spotlight, what does and does not fall under the category of copyright violation. Many a times content is used without authorization in the name of fair use. But is that fair use or unauthorized use? There’s a difference between the two which needs to be kept in mind to avoid any mishaps.

Copyright

Defining in literal terms, copyright is the safeguarding right of the creator of intellectual property to authorize its use by whoever he/she allows. The country’s laws regulate policies of copyright protection and are aimed at promoting original work of art or writing or any other form of creativity. The creator of the work is granted exclusive right for the distribution of the work. The intellectual property is safeguarded this way so that anyone does not copy it without explicit permission from the creator of the original work. For copyright, the work has to be fixated somewhere, which means it has to be written on paper, recorded, saved on computer etc.

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Debunking 5 Copyright Myths

Copyright laws have been much talked about and many individuals violating it have been seen presenting lame excuses to justify their act. Much is being debated about and there are also some misconceptions about the copyright laws which need to be cleared in order to have a clear picture of what is actually acceptable when it comes to intellectual property of any kind.

Some myths are associated with copyright practices for such a long time that they’re almost believed to be true, nonetheless, they’re myths.

Myth #1: If credit is given to the author, it is not illegal.

It is not true, giving credit is merely the acknowledgement but under any circumstances this does not give anyone the right to copy someone’s brainchild and present it as one’s own work. Without explicit permission, it would be considered illegal to use someone’s work.

Myth #2: No Charges, No Violation.

It is a copyright violation if you are presenting someone’s written piece as yours. Whether or not you sell it or are charging for it in any way, it would still be regarded as an unethical and illegal practice. Some people actually think that they’re doing a great favour to the owner of the work if they’re advertising it around, but that is not even proper.

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Debt collection for small business owners – The legal implications

Businesses keep a certain amount of funding for bad debts or contingencies. However, too much of everything hurts, especially bad debts. Bad debt collection is a problem for small businesses that need majority of their time focusing on the core functions instead of running after the debtors, while debtors prolong the time with brush off emails and calls going straight to voice mails.  Debt collection becomes a difficult task for small businesses that have limited time and resources for growth and stability.

There are customers or clients that are not habitually debt defaulters but fail to comply with the agreed dates for genuine reasons. While some customers/clients either go by not paying off at all or paying in small chunks causing trouble (with delayed payments)- in both the cases, your business needs to pool in efforts for debt collection which is both time consuming and frustrating.

How to Avoid Bad Debts?

Bad debts could not be avoided by 100%; however the chances of it could be reduced with some of the tactics by business, such as:

  • Keep the due date lists organized and marked on calendar. Also, list the due dates on all the bills for a reminder for both parties.
  • Abide by strict payment policies that could include late payment fee and surcharges (include this in your policy so the debtors may know).
  • Ask for half of the amount in advance so if the debt is never paid back, it’s only half of the total amount.
  • Keep constant contact with the client, via phone, mails or face to face meetings.

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