If learning about things like GAAP accounting, revenue recognition
policies, and the intricacies of cost vs. expenses fires you up,
you're going to love this post.
There seems to be a lot of
confusion amongst early-stage business owners concerning use of the various
trademark symbols (TM, SM, and (R)). This article addresses when to use which
symbols, and when not to use any of the symbols at all.
Think about the last time you
hired a plumber or an auto mechanic, or a lawyer for that matter. Without
asking, you probably knew that the person you hired owed you a legal duty to
perform the job in a competent manner consistent with the standards of his or
her profession. The same is true when you bought a new car or built a new
house. You rightly expected that the seller would stand behind its
responsibility.
In the past few weeks, I’ve
discussed what constitutes trademark
infringement,
how to protect your image and intellectual property
online,
and some recent developments in the law regarding use of competitor keywords
in search engine marketing.
This article goes back to the fundamentals, and discusses ten tips for
selecting a trademark.
A duty to be fair or to be reasonable hardly seems to be unfair or
unreasonable, but many franchisors and their attorneys believe that the
implied covenant is dangerous or ill-advised and should be abolished. Their
concern is that, by its very nature, a duty to act in “good faith” or to “deal
fairly” or “reasonably” is inherently unclear.
The Griller franchise prevailed in its trademark infringement suit against The
Original Griller. This was due, in part, to the fact that The Original
Griller’s logo featured the word “Griller” more prominently than the other
included words.