How to Legally Play Music in Your Restaurant
So…you own a restaurant (or any business open to the public) and want to play music at your location. Maybe it’s live concerts with local bands. Maybe you just want the ambiance of having something on in the background day to day. To liberally paraphrase Lesley Gore’s 1963 hit, “It’s my restaurant and I’ll jam if I want to!” Unfortunately, this is not a “just press play” situation, so before you…
Why You Need a Trademark Insurance Extension
“Laughter is the best medicine, but your insurance only covers chuckles, snickers and giggles.” We’ve all been there. Whether it’s buying AppleCare or upgrading insurance on your rental car, odds are you feel very strongly about whether additional insurance is worth it or not. But… if you’ll give us a few moments of your time, we’d like to talk to you about trademark extension insurance.…
How to Avoid Trademark Scams
We have been trying to reach you about your car’s extended warranty…. a member of the royal family would like to transfer a large amount of money to you…. your Netflix password has been compromised, reset now… Does this sound familiar? Well now you can add another to the list. Harmful phishing schemes are everywhere these days and scams, or spam, that specifically target trademark holders are…
10 Work From Home Tips to Increase Productivity
Drumm Law and its team of 24 have been working remotely for 10 years. Here are some tips for the newly virtual. Get out of bed (literally and figuratively) Do not lay in bed with the laptop. That is fine for weekend/evening work but not for day to day. Get out of your pajamas. There is a psychological component (for me at least) about getting dressed and ready for work and working. Setup a work…
How to Find Franchise Disclosure Documents Online for Free
There are four states that publish FDDs online. California https://docqnet.dfpi.ca.gov/search/ California’s search engine is slow to update, but every document associated with a franchise registration (FDDs, blacklines, applications, permits) is available on the site, once they get around to updating it. Sometimes you have to know the exact name of the franchisor to be able to find the filing.…
What is a Trademark Disclaimer?
A disclaimer is a statement that indicates that the applicant does not have the exclusive right to use a specific word of a trademark by itself. Disclaimers are required for composite trademarks (English translation=trademarks with more than one word or design marks with separate elements) for the portion of the trademark that is merely descriptive, generic, or geographic or it contains a company…
Trademark State Registration
I don’t distribute my goods out of state. Can I still trademark my names? The short answer is YES! The Lanham Act (also known as the Trademark Act of 1946) is the federal statute that governs trademarks. Generally, the Lanham Act requires that a mark is used in interstate commerce before it may be registered as a federal trademark. Thankfully, interstate commerce is broadly defined.…
Clothing Trademarks
Ornamental Refusal? Wait… what? Is your apparel graphic a “brand identifier” or just decoration? An ornamental refusal is when the USPTO refuses registration of your trademark because the specimen submitted with your application shows the use of your mark merely as an “ornamental” or decorative use on the goods and not as a trademark to indicate the source of the goods. Trademarks are used to…
3 Ways to Secure Your Initial Franchise Fees
To defer, or not to defer, that is the question. A blog on state registration financial assurance options. As most franchisors know, there are 14 states that require a registration of the Franchise Disclosure Document (“FDD”). Of these 14, nine states will review the franchisor’s financial statements and impose financial assurance requirements if the franchisor’s financial health is not up to…
Non-Solicitation Provision In Franchising: Explained
What is a non-solicitation provision? A non-solicitation provision is an agreement that prohibits franchisees from lobbying or taking any employees from the franchisor or other franchisees. It’s also called a “no-poaching” provision. Why do franchise agreements have non-solicitation provisions? Each franchise system is unique, and it takes time to train employees to do things the “system-way.”…