used surgical mask laying on the ground

POST COVID-19 BLOG SERIES: IP For Entrepreneurs

Posted Posted in Intellectual property, Small business growth

Everyone has been affected by COVID-19 including us. I took some time to think over what advice to provide my clients and friends Post COVID-19 and realized it hasn’t changed much. If you run or manage an emerging business, the world has definitely changed, but effective legal strategies haven’t. I digress: Entrepreneurs generally never had…

Maximize Business Value with Intellectual Property

Maximizing a Business Exit: The Importance of Documenting and Securing Intellectual Property

Posted Posted in Intellectual property, Inventions and inventors, Small business growth

The Importance of Documenting and Securing Intellectual Property When I interview a new client, one of my first questions is “what do you ultimately want to do with the business?”   Very few people want to keep their business forever (for example, forgo retirement), and selling the business, hopefully for the maximum amount of profit, is…

Brand Protection

Brand Protection: The One Thing Every Business Must Do…But Often Doesn’t

Posted Posted in Business Attorney, Intellectual property, Law and business

Starbucks spent $387 Million last year alone to create an entire user experience through branding and brand protection.  Take away that branding, and the remainder would be nothing but (some would say mediocre) cup of coffee in a paper cup. Possibly to a lesser extent, every business focuses on creating a brand because it essentially…

Copyright infringment

Copyright Infringement and Fair Use

Posted Posted in Intellectual property, Inventions and inventors, Law and business, Small business growth

Copyright Infringement Copyright law protects original expressions.  Original expressions include: writings, art, songs, music, dance, software, blue prints etc.  Protection is automatic (but enhanced with a copyright filing) and it is protected for the life of the crated plus 70 years. Copyright infringement (colloquially referred to as “copyright theft”) is when someone uses copyrighted materials…

Trademarks and Brand Strategy

Trademarks and brand strategy

Posted Posted in Intellectual property, Trademark

Reflecting on 2014, I can separate EmergeCounsel’s trademark practice into three categories: Searching and trademarking a name or a logo (very straightforward and cost efficient), Fixing the filing of a trademark that the entity screwed up by filing without the assistance of counsel (somewhat straightforward to trademark attorneys but not very cost efficient), and Doing general…

What are trademarks?

What are trademarks? And does my business need to register them?

Posted Posted in Intellectual property, Trademark

The mission and focus of EmergeCounsel is to help entrepreneurs create, grow, protect and sometimes fight for value.   I was surprised when I discovered that the most fascinating, strategic and potentially greatest value driving area of my work is trademark. What are trademarks? Trademarks include: words, numbers, number and word combinations, slogans, designs, images, colors,…

Copyright protection

Why copyright protection is important for your intellectual property strategy

Posted Posted in Intellectual property

First, copyright is one of the prongs of general intellectual property rights/strategies which include patents, trademarks, copyright and trade secret agreements, and/or licensing agreements. A specific combination of those strategies assure that no other entity can steal an entrepreneurial venture’s secret sauce which could include their goods, look and feel, artwork, and how to documents such…

Emerging Business Goals

Defining the needs of an emerging business

Posted Posted in Law and business, Small business growth

Recently, I was reflecting about the emerging company niche as seen through the eyes of the business world. I noticed a tremendous amount effort is focused on distinguishing companies into different categories: startups, early stage, growth, emerging, enterprise, small, mid-sized, and/or enterprise. There are obvious differences in all of these categories from a financial and…