E-Commerce Law

7 Trademark Rules Every Startup Should Know

A trademark or service mark is a brand identifier.  Every company offering products or services has at least one.  While the name of a product or service tells consumers what it is, the associated mark tells consumers who offers it to the public.

The selection and use of a brand name involves a number of important decisions that have both marketing and legal implications.  Failing to understand and accommodate those implications can expose a startup to increased marketing costs and legal exposure.  Accordingly, a startup would be well-advised to follow these seven simple rules:

Copyright Basics for Startups and Entrepreneurs

In most cases, the value of an early-stage business is based primarily on its intellectual property, such as its rights in inventions, literary and artistic works, and the symbols, images, and names used to identify the business to its prospective customers.  Though many entrepreneurs and startups immediately think of seeking patent protection for their ideas, the other two forms of intellectual property protection, copyright and trademark, provide valuable protections that should not be ignored.

The form of intellectual property protection easiest for many entrepreneurs and startups to understand is copyright protection, which applies to many writings, images, and videos.  In an age in which many startups commercially exploit digital content, whether as a core product or ancillary to the development of an online community, startups and their principals should be well-versed in at least the basics of copyright protection.

Virginia Statute Protects Employee Social Media Passwords

On Labor & Employment Law Cocktail, Tim McConville recently discussed a new Virginia law that prohibits employers from requiring current or prospective employees to disclose the user names and passwords associated with their social media accounts.

Trademark Selection Basics for Startups and Entrepreneurs

After carefully developing an idea for a marketable product or service, many startups and entrepreneurs immediately name it with little thought as to the legal effect of the name chosen.  Selecting the brand name of a product or service is an important decision having both marketing and legal implications.  A failure to understand and accommodate those implications can expose a new venture to increased marketing costs and legal exposure that few emerging businesses are prepared to bear.

Copyright Basics for Startups and Entrepreneurs

My June article on The Rouse, "Copyright Basics for Startups and Entrepreneurs," has proven to be my most popular yet.  It has been shared on social media platforms more than 5,000 times since Friday.