FabianIP.com and eTrademarkSolutions.com
Effective March 1, 2012, all new blog posts will be appearing on our new websites, FabianIP.com and eTrademarkSolutions.com. “Contact Us” links in blog posts will stop working, so please click here to contact FabianIP.
Why Brand Monitoring is for Everyone (Read: You)
As a business owner or entrepreneur, you worked hard to develop your brand and secure exclusive rights in your trademarks. So, what now? How do you maintain your reputation and goodwill, and how do you ensure that no one else is infringing on your registered trademark rights? The answer is simple, really: initiate an ongoing and effective trademark monitoring (or “brand monitoring”) campaign.
Through eTrademarkSolutions.com, Fabian, LLC provides cost-effective trademark monitoring options, from comprehensive USPTO monitoring to full-scale web-based trademark monitoring covering voluminous databases and multiple relevant terms related to your trademarks.
To read more about the benefits of trademark monitoring, read my latest article for Tech.li: Why Brand Monitoring is for Everyone (Read: You).
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
Overview of the Digital Millennium Copyright Act (DMCA)
The Digital Millennium Copyright Act (DMCA) is an effective tool for business owners and content creators to protect their copyrighted materials from unauthorized publication or resale on the web. This article on Tech.li provides an overview of how the DMCA works, and what it can do for your business.
You can read the full article here: Some Love for the DMCA.
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
5 Qualities of a Great Domain Name
With domain names and trademarks becoming virtually synonymous for many business owners and entrepreneurs, it is becoming increasingly important (if not absolutely critical) to keep trademark principles in mind when choosing a new domain name. This article on Tech.li takes a look at five important considerations for domain name acquisition, inspired by principles of trademark law.
You can read the full article here: 5 Qualities of a Great Domain Name.
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
Lessons in Trademark Protection from Beyoncé and Jay-Z
This week’s article on Under30CEO.com takes a look at the lessons that entrepreneurs can learn from Beyoncé and Jay-Z’s efforts to protect their new born’s name as a registered trademark, and some important additional considerations that their efforts bring to light. The article also examines the potential issues arising out of the fact that a Midwest boutique already owns a registered trademark for “Blue Ivy”, and the fact that its trademark registration covers certain goods and services also covered by the hip-hop duo’s pending trademark registration application.
You can read the full article here: Lessons in Trademark Protection from Beyoncé and Jay-Z.
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
Franchise Marketing Fund Disclosure: A Cold Stone Creamery Case Study
The franchisor of Cold Stone Creamery is in hot water with a group of its franchisees over alleged errors in reporting payments owed to the franchise system’s marketing fund. The franchisees are also seeking to find out whether Cold Stone is causing vendors to overprice mandatory purchase items in order to fund a “kickback” to the franchisor. This is an interesting case that may have important implications for both franchisors and franchisees when it comes to enforcing the marketing fund provisions in franchise agreements.
You can read the full article here: Franchise Marketing Fund Disclosure: A Cold Stone Creamery Case Study.
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
YouToo? Video Sharing Website Fights for Trademark
In today’s article for Tech.li, I examine the history of the trademark application process for start-up video sharing website YouToo (yes, YouToo). YouToo has filed three trademark registration applications, all of which have been denied based upon YouTube’s pre-existing registered trademark rights. The article takes a look at the problems YouToo has faced in applying for trademark registration, and the implications of its trademark efforts for other online entrepreneurs.
You can read the full article here: YouToo? Video Site Fights for Trademark.
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
Why You Can’t Say “Super Bowl” (But I Can)
Usually this time of year you’ll see at least one or two stories about the big bad NFL supposedly overreaching to enforce its trademark rights in the term “Super Bowl”. This article on Under30CEO discusses the NFL’s trademark protection strategy, and the reasons why business owners cannot use the “Super Bowl” trademark to promote their products or services.
You can read the full article here: Why You Can’t Say “Super Bowl” (But I Can).
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
Pin This! Copyrights and the Internet 101
In this article for Tech.li we take a look at some of the basic copyright law principles that apply to individuals and companies that copy, post and “re-purpose” third-party content that they find on the web. Spoiler alert: the rules are more restrictive than you might be aware.
You can read the full article here: Pin This! Copyrights and the Internet 101.
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
What Happens when a Franchise Contract Ends?
My latest article for FranchiseHelp.com and Yahoo! Small Business Advisor takes a look at four key considerations that come into play when a franchise agreement ends. While they don’t come into play until the end of the franchise relationship, they should be top priorities during the initial franchise agreement development/negotiation process for both franchisors and franchisees.
The four issues covered in the article are:
- De-Branding (and Re-Branding)
- Ownership of Phone Numbers
- Ownership of Customer Lists
- Non-Competition Provisions
You can read the full article here: What Happens when a Franchise Contract Ends?
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
Get Your Franchise Audits and FDDs Done Early for Renewal Season
It’s that time of year when most franchisors need to be working diligently to update their Franchise Disclosure Documents (FDDs) to meet the FTC’s deadline and renew most state franchise registrations before they expire.
This article on FranchiseHelp.com provides an overview of some of the key considerations for existing franchisors, prospective franchisors, and even prospective franchisees during franchise “renewal season”: Get Your Franchise Audits and FDDs Done Early for Renewal Season.
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
Franchises in the News
My latest article for FranchiseHelp.com takes a look at three recent headlines with franchise law implications. The article discusses a Panera franchisee’s HR problems, a franchisee lawsuit against Quiznos, and two insurance agents’ failed franchise law claim against Allstate.
You can read the full article here: Franchises in the News.
Jeff Fabian is the owner of Fabian, LLC, a boutique law firm that assists business owners in protecting their interests so that they can stay focused on running their businesses. Visit fabianlegal.com for more information, or follow Jeff on Twitter @jsfabian.
Or, to join our mailing list and receive our free e-book, “Intellectual Property for Business and Media”, please click here.
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