AdWords Trademark Infringement Lead generation companies use both registered and unregistered trademarks of their client’s competitors in Adwords sponsored ad campaigns online. It is happening in many industries and is wide-spread. Seemingly, these lead generation companies, on behalf of third party competitors, are essentially using the brand names and related search terms of their client’s Read More…
How To Avoid Business Check Fraud Liability
Business Check Fraud Your company can be held liable for business check fraud losses that third parties incur from honoring counterfeit checks and legitimate checks which have been “stopped” by your business. The law protects any third parties who honor and cash any checks presented to them where such parties are considered to be a ‘Holder Read More…
Big Click-Wrap Agreement Lesson Provided By The 7th Circuit!
Enforceable Click-Wrap Agreement If your business operates a website online that uses a click-wrap agreement, you should pay close attention to the recent decision reached in the Seventh Circuit Federal Court of Appeals. In Sgouros v. TransUnion Corp., No. 15-1371, 2016 WL 1169411 (7th Cir. March 25, 2016), the Court invalidated the arbitration clause contained Read More…
6 Startup Branding Mistakes To Avoid!
Startup Branding Mistakes Undoubtedly, one of the most important aspects of any business is its branding. New entrepreneurs and startups have a laundry list of brand protection concerns to navigate in the beginning. Simply put, a startup can make catastrophic branding mistakes in the beginning that it may not recover from. The following branding mistakes Read More…
2 ICANN Domain Name Policies Affecting Brand Owners
ICANN Domain Name Policy Concerns As an attorney representing businesses with a robust online presence, I have seen both the good and the bad from ICANN. In case you are unfamiliar with ICANN, it is the non-profit organization that governs domain names and the Internet. I generally think the organization does a great job and Read More…
Can Your Business Stop Negative Online Reviews?
Stop Negative Online Reviews Many businesses across the country may wonder if they can prevent their customers from making negative online reviews about their products or services. California recently passed a law making it illegal for businesses to penalize consumers for bad online reviews. This was the legislative response to a trend of businesses attempting Read More…
5 Business Name Mistakes You Should Avoid!
You should think about the branding aspects of your business name before you start the business! There are a few things you should always do first. Missing any of these crucial steps before starting your business or organizing it with the secretary of state (or similar agency) is a mistake that can cost you or Read More…
Can You Avoid COPPA When Third-Parties Collect Data?
Numerous child privacy groups recently filed an FTC complaint against the Ring Pops candy maker Topps for allegedly violating COPPA. This complaint serves a good reminder to your business to ensure it understands the COPPA laws governing third-party data collection. According to the complaint, Topps launched a social media campaign for Ring Pops candy gave Read More…
When Is A Website Disclaimer Effective?
A website disclaimer relates to your specific website content. These disclaimers are not generally required under any specific law. But, using the appropriate website disclaimer on your website is necessary to avoid legal liability in many instances. Website disclaimers are essentially used to: i) walk away from some responsibility or potential liability; or ii) to Read More…
5 Contract Clauses That Can Save Your Business!
The following 5 Contract Provisions will undoubtedly help save your business future headaches! While no contract provision can be guaranteed to be enforceable, following some basic principles of use will dramatically increase the odds. Of course, your business won’t get any protection without using them in the first place. 1. Warranties You may or may Read More…