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RIM (maker of the Blackberry line of mobile devices) is facing a lawsuit from a smaller software developer based upon its decision to use "BBX" as the name of its next-generation operating system. The problem? The smaller developer already owns a trademark in "BBX" for use in connection with OS-rel Read More

As an entrepreneur or small business owner, you've spent countless hours (not to mention dollars) developing unique offerings, memorable brands, relevant content and valuable relationships. Before you launch, it is critical to make sure that all of these things you've worked so hard to develop are Read More

While Lada Gaga, Motown, Old Navy and the Country Music Association all made headlines this week for issues relating to their trademark protection and enforcement efforts, these issues aren't unique to the big guys. Small business owners face the same threats of having their trademarks misused and Read More

As more and more franchisors allow franchisees to make use of social media, it becomes increasingly important for franchisors and franchisees alike to understand the legal implications of using social media for business purposes. This article discusses applicable laws and franchise agreement terms Read More

The USPTO allows small business owners to apply for registration for new trademarks before they are introduced to the market, so long as the business has a "bona fide" intent to make use of the mark. This article provides tips on meeting this important pre-registration requirement. Read More

Brand monitoring has numerous benefits, not the least of which is adding value to the bottom line. This article follows up on my prior 4-part series on the benefits of brand monitoring for small business owners with a discussion of how implementing a trademark protection strategy can make the busin Read More

When evaluating franchise opportunities, entrepreneurs - young and old - need to analyze and weigh a variety of risk factors and other considerations. This article provides an overview of five important points to keep in mind when considering a franchise purchase, ranging from initial due diligence Read More

While perceived by many as something between a luxury and a necessary evil, undertaking the appropriate steps to ensure that the business’s owners and assets are adequately protected should be a top priority for any entrepreneur or new business owner. This article outlines some of the basic legal i Read More

When evaluating a potential franchise opportunity, prospective franchisees need to take care to put the hype and their emotions in check, and carefully consider all factors relevant to their buying decision. After all, the franchise will be a 5- to 10-year relationship (at minimum, under most franc Read More

While it may be tempting to select a brand name that plays off of an already-famous trademark to jump-start your small business, the negative consequences of this approach can be severe. This article discusses a recent situation where one company tried just that, and was ultimately forced to change Read More