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Trademark and Copyright Considerations for Small Businesses

Author By Crystal M. LykinsPosted on

Trademarks and copyrights can be used to prevent your company’s original creations or identifying features from being misappropriated illegally.

A trademark can be registered with the U.S. Patent and Trademark Office (USPTO) for a brand name, slogan, logo or other mark used to distinguish the goods or services of its owner. If a company’s trademark in the form of an identifying word, name, symbol, phrase or design meets the USPTO’s registration criteria, it can be registered with the USPTO.

A copyright (which is different than a trademark) deposited with the U.S. Copyright Office (USCO) can establish one’s ownership of originally authored written works, musical compositions, software programs, architectural designs, films and other media.

However, there are right ways and wrong ways of acquiring and preserving protections for your valuable intellectual property. Here are some steps you can take to help avert legal woes.

  • Do the research — You may shield yourself from major headaches and infringement claims by doing thorough trademark or copyright research, either yourself or through a professional. An experienced researcher can inform you about any other businesses using slogans, logos or other brand materials similar to the one you hope to use. It is better to know that you need to change identifying brand details before creating marketing materials. If you don’t do the research and simply hope your brand is unique, an infringement claim could arise.
  • Put Others on Notice of Your Intellectual Property —Use of the “TM” symbol by a person or business is an informal way of putting others on notice that the user of the “TM” symbol is claiming the mark as their own (in other words – don’t infringe on this mark). Use of “TM” also shows that the mark is not registered with the USPTO.  Once a mark is registered with the USPTO, the “TM” can be switched to an “(R)” for “registered.”
    A person can claim a copyright for any piece of original, published work by using the symbol “(C)” without depositing the work with the USCO.  However, depositing an original work with the USCO is advisable for the benefits it provides, and it creates an official record of your original work.  Registration of a mark or depositing of an original work also makes your intellectual property discoverable to other people conducting trademark or copyright research.
  • Use the correct symbol — Making “TM,” “(R)” or “(C)” (for copyright) next to your mark or creative work lets others know that you are claiming ownership. This may make someone think twice before mimicking your work for their own benefit and may also be used as evidence in support of your case if you need to file or respond to an infringement claim.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

Avoiding Claims of Illegal Termination of At-Will Employees

Author By Todd McMurtryPosted on

Most employment is at-will, meaning the employer generally has the right to discharge an employee at any time for any reason or for no reason at all. However, a termination or other job action cannot violate protections against unlawful discrimination or retaliation.

Federal laws prohibit employment actions based on an individual’s sex, religion, age, race, national origin, disability, pregnancy status or veteran status. If an employee claims that you fired them because they are part of one of these protected classes, you could face an employment discrimination investigation by the U.S. Equal Employment Opportunity Commission (EEOC) along with a wrongful termination lawsuit requesting monetary damages and other relief.

Before you decide to sever ties with an employee, it is smart to prepare yourself for the possibility that you could face these legal ramifications. Here are some proactive steps that can be taken:

  • Establish a process for discipline and termination —Following the same disciplinary and termination procedures for all employees can demonstrate that no employee was treated differently because of the protected class to which they belong.
  • Compile evidence — Though at-will employment allows you to terminate an employee for no reason at all, collecting and documenting evidence in support of your decision can be crucial to rebutting claims that the firing was in violation of law. Having these records on hand is much more effective than trying to offer justification for the firing after an investigation or lawsuit has been commenced.
  • Do not retaliate — It is illegal to retaliate against an employee who refuses to participate in unlawful behavior, complains about sexual harassment, files an EEOC complaint, complies with an EEOC investigation or takes other actions protected by law. Government workers and employees of government contractors are also shielded from retaliation under the federal Whistleblower Protection Act.
  • Consider a severance agreement — The best way to accomplish a trouble-free termination is to offer the employee financial compensation and other benefits and favorable terms in return for their agreement to release the company from legal liability. The employee should be given a reasonable period of time to have an attorney review the agreement before they sign.

Wrongful discharge claims are often proved by circumstantial evidence, so taking these steps can help you overcome the inference that the reason given for firing the employee was a pretext for unlawful discrimination or retaliation.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.