Community Empowerment Matters

  So, you decided you wanted to protect your brand, filled out the lengthy TEAS form, and submitted your application, just to get a response from the United States Patent and Trademark Office (USPTO) informing you that your mark is “confusingly similar” to an already registered mark. What do you do now? One potential option for redress is submitting a consent agreement to the USPTO, enabling holders of similar trademarks to coexist. The USPTO holds that a “likelihood of confusion exists between trademarks when the marks are so similar and the services for which they are used are so related that consumers would mistakenly believe they come from the same source.” [1] When the USPTO looks at marks to determine if they are confusingly similar, they look at similarity in sound, in meaning, in appearance, and/or in the general commercial impression left by the mark. [2] The USPTO also looks at whether the goods are related. If the USPTO determines that an applied-for mark is confusingly si

  https://pixabay.com/vectors/telephone-dial-plate-red-retro-310544/ It is dinner time at the Hubbard home. And like clockwork, right before the evening grace, a telemarketer’s call arrives. Since the 1980s, with the advents of the autodialer (which can automatically dial/text a self-generated telephone number) and the robocaller (which can automatically dial/text a self-generated telephone number and play a recorded message), this was a common experience. [1] With the use of equipment that can create and dial ten-digit telephone numbers randomly or sequentially, a single firm could handle 50,000 calls an hour. [2] As an industry, “more than 300,000 solicitors call more than 18 million Americans each day.” [3] Thus, it is clear to see how useful autodialers and robocalls have been in the telemarking industry, and particularly, how useful it can be in drumming up business for for-profit companies and soliciting donations for tax-exempt non-profits.     One must be cognizant, howeve

  https://www.google.com/search?q=liability%20mitigation&tbm=isch&tbs=il:cl&rlz=1C5CHFA_enUS968US973&hl=en&sa=X&ved=0CAAQ1vwEahcKEwj4ybq3yvv2AhUAAAAAHQAAAAAQAg&biw=1440&bih=789#imgrc=5LRp7m6m0hMw7M All small businesses confront some level of risk in the course of operation. The impact of those risks (such as accidents causing bodily injury or unexpected lawsuits brought by third parties), can be substantial, and could result in large unforseen costs. Fortunately, small businesses are able to mitigate such risks in a variety of ways through documents like waivers, disclosures, and independent contractor agreements. However, one of the most powerful ways a small business can minimize the negative impact of unexpected events is by having business insurance. [1] Though a powerful mechanism for risk mitigation, navigating insurance coverage and options can be confusing and overwhelming. How do you know what insurance will best protect you and your business