Regulatory & FDA Compliance Understanding regulatory and FDA compliance with dietary supplements advertising first means understanding that the Food & Drug Administration (the “FDA”) has primary responsibility for claims related to dietary supplements and weight loss products on product labeling, including packaging, inserts, and other promotional materials distributed at the point of sale. The FDA Read More…
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When Are Internet Business Register In Another State?
Qualifying To Do Business in another State When exactly are you required to qualify your corporation or LLC to do business in a foreign state. This can be an especially important question for an Internet based business. Qualification requirements vary from state to state, and are usually a part of state statutes or administrative rules. Read More…
When Can A Foreign State Tax Your Internet Business?
Almost every state (and some municipalities) imposes some type of tax on corporation and LLC income generated in that state. States imposing an income tax generally tax all income of all businesses which have organized in that state. Businesses organized in other states are subject to tax only on income earned in the state or Read More…
Handling BitTorrent File Sharing Lawsuit Threats 101
You may be involved in a bitTorrent or file sharing lawsuit as a “John Doe” defendant. Have you recently received a letter from either your Internet Service Provider (ISP) or an attorney claiming to represent the copyright holder of certain files you allegedly have illegally downloaded/distributed over the Internet? Such a letter from your Internet Read More…
What Is The Best Type Of Business Entity For E-Commerce?
Internet Business Entity Choice In terms of the typical e-commerce startup, new entrepreneurs usually want to know whether they should form a corporation or an LLC. Any other business structure, such as a limited partnership or limited liability partnership is not suitable for sole operators and not very practical for partners selling goods online. The Read More…
Complying With The New Text Message Advertising Laws
Text Message Advertising Laws Do you advertise using text messages? If your marketing campaign involves text messages you should be aware of the recent rule changes adopted by the FCC to its Telemarketing Rules. In February 2011, the Federal Communications Commission (FCC) announced a significant telemarketing rule change affecting text message advertising. The new FCC Read More…
Where Should You Organize Your Business?
As a basic rule of thumb, you should always organize your business under the laws of the state where all or most of the business activities will occur. You can also generally organize where one or more of the owners reside. But what if you operate an Internet-based business, which really operates in several states? Read More…
Why Your Business Should Choose A Strong Trade Name!
Business Trade Names vs. Trademarks Business trade names differentiate one business from another. They should not be confused with trademarks or service marks, which identify actual goods or services. As an example, the company Tandy Chemical Processing, Inc. may use the more friendly name Tandy Chemicals when it holds itself out to the public. Tandy Chemicals Read More…
How To Use Trademarks In Commerce Effectively!
Using Your Trademark in Commerce Once you have created your mark, you should prominently and continually use it in commerce once you have begun conducting business. Remember, ultimate priority of protection is given to whoever establishes the same or confusingly similar mark first in commerce. Only Federal registration permits your intent to use a mark as the basis Read More…
How Can Your Business Be Liable For Trademark Infringement?
Liability for trademark infringement exists under both State and Federal law. Federal liability for Trademark Infringement can occur under either the (Lanham Act), or under the FTC (Federal Trade Commission) Act. Under Federal law, liability can occur for trademark infringement or trademark dilution. Trademark Infringement If a party owns the rights to a particular trademark, that party can Read More…