Posts Tagged: "Business Advice"

Although every case had its own special facts reflecting unique personalities, technologies and business models, one necessary element was present in every single case. Somebody had done something stupid. And they still do. Sometimes it’s about what people do when getting ready to leave their job and go into competition. They brazenly solicit customers or foment discontent among the staff they want to recruit. They use the company’s computer system to research and prepare their business plan. They download thousands of confidential files they’re not supposed to have anyway, and then try to cover their tracks by using specialized software – I’m not making this up– called “Evidence Destroyer.”

Although running an early-stage startup is exhilarating, do not let your brand name protection be swallowed up by all the excitement. Neglecting to properly secure a trademark for your company and products can lead to expensive consequences in the future, such as being forced to rebrand just as you’re gaining traction or being unable to stop infringers from using your brand name. Below are 5 of the most common mistakes businesses make with trademarks and what you can do to avoid them.

Mass market online filing services simply do not give their clients the time and attention they require and deserve during the trademark application process. The money clients end up spending trying to fix mistakes – in legal fees, settlements and redeveloping products, packaging and marketing materials – would have been better spent doing it right from the start with a professional who is qualified to advise and guide them.

Intellectual property probably isn’t high on the to-do list for most new nonprofits and business start-ups. There’s plenty enough to do with setting up an organization, paying bills, and serving customers and clients. However, intellectual property is important and shouldn’t be overlooked. Companies and organizations that don’t protect their IP can risk losing hard-earned work and concepts. Also, companies can risk liability if they violate the IP rights of others, even unknowingly or by accident. Patents provide inventors the right to exclude others from using the technologies covered by the patent for a limited time.  In exchange for exclusivity, inventors must disclose how to make and use the invention.  An inventor can apply for a patent with the United States Patent and Trademark Office (PTO), as well as other intellectual property offices around the world.

Managing international trademark portfolios in the age of globalization can be a fickle endeavor.  Ecommerce has blown the top off traditional thinking as it relates not only to advising your clients on what and where to file, but also how to strategically maintain those filings in the face of an increasingly crowded and adversarial global marketplace.  When a brand attempts to gain a foothold with an emerging clientele, fortune tends to favor the strategically bold.  For this reason, companies are often trying to establish their IP rights in countries where actual use or implementation may not be in the cards for years.  In the case of trademarks, the benefits are obvious: if/when a product is launched, a service begins, or a brand is introduced, a strong and enforceable portfolio is waiting to greet and protect it.  However, in jurisdictions around the world, such a strategy leaves open the possibility of an attack on these rights, most commonly in the form of a non-use cancellation action. 

The patent process is long and complex, but well worth the effort if it means protecting your invention and your new company. Key decisions made along the way can help simplify future steps in the process and make obtaining a patent significantly more efficient. Early on, determining a patent scope through patentability searches can help narrow a patent application to the important novel aspects that are most worthwhile to protect. Similarly, preparing a thorough provisional application can make the non-provisional application preparation much simpler and afford better protection against later published works or filings by others. By thinking about these key decisions ahead of time and being aware of the patent process, you can be more prepared when the time comes to seek protection for your invention.

Companies involved in a merger or acquisition often bring respective legal departments that must be combined after the M&A transaction closes. This presents a singular opportunity to build a new legal department that assimilates the best aspects of each legacy department and offers attorneys and other legal professionals an enhanced career platform. However, if the integration process is not carefully managed, that opportunity can be missed, limiting the potential of the new department, individual team members, and the business at large.

In their supervisory role, partners typically set the tone for, and dictate the parameters of, their interactions with associates. A first partner may approach the partner-associate relationship as one of mutuality. A second similarly situated partner may premise the relationship substantially on advancing his or her own self-interest. Not surprisingly, associates tend to prefer working for the first partner if given the choice.

When I give talks on emotional intelligence, I usually get the following question: “I have an employee who is brilliant, but I just can’t promote her.” When I ask why, I get a response that goes something like this: “She offends either management or her colleagues by blurting out the answer or stating the answer in a way that others in the room feel put down. The universal concern is that the employee or associate is not aware of this behavior and how it affects others. She often has been promoted in the past because of her intelligence. Yet, that intelligence alone is not enough to go higher up the corporate ladder or make partner.

Unconscious bias prevents law firms, corporations and Government agencies from hiring the best talent and retaining that talent.  Bias against those that are not in the majority group generally is not intentional.  We are all biased no matter our race, gender, sexual orientation or other differentiators. Thoughtful legal managers develop a strategy to help recognize the existence and minimize the effects of unconscious bias.   This requires acknowledging that it exists and then developing procedures to help minimize its effect.   The result is not only a more diverse and inclusive workforce, but one that is more productive and innovative.

Transfer pricing refers to the prices charged for goods, services, and intellectual property (IP) between or among legal entities of a corporation, including a parent company and its domestic and foreign subsidiaries and other controlled entities (each entity a “Taxpayer”)… Many transfer pricing analyses are nuanced in nature, relying upon datasets, models, computations, comparisons, assumptions, and interpretations. When controlled entities are domiciled in respective different jurisdictions, multiple transfer pricing systems may apply. Transfer pricing determinations may substantially impact Taxpayers’ tax burden and profitability. In other words, though challenging to perform, transfer pricing analyses offer opportunities to obtain more favorable tax treatment.

With December here, it really ’tis the season to be jolly’, and with that, many employers indulge in the festive merriment with an annual tradition; the office Christmas party. The afternoon ‘Out of Office’ goes on, the sparkly attire comes out and, many an ear drum is burst as teams of Mariah aficionados compete to hit those harmonic high notes. Karaoke-keen or not, the office Christmas party is the perfect opportunity for employers to thank employees for their contributions over the last year, to bond, share a drink and relax into the holiday season. However, with a glass quickly turning into a bottle, the party can be (and often is) a recipe for disaster that creates consequences extending far beyond the next-day hangover. With many employers well underway in their planning of this year’s Christmas party, we provide a 5-point guide highlighting the steps that can be taken to help avoid any HR headaches.