Legal Road Map®: copyright, trademark and business law info for online entrepreneurs

Filing a trademark registration application is no easy task. In this week's episode, I'll talk about what happens after you get your trademark registration, and how taking your trademark seriously can make others take you and your business more seriously. Listen and learn: Why it's a good idea to use the ™ and ® symbols Why you should monitor the USPTO for similar filings How a simple Google Alert can save you a lot of trademark headache Why you need to consult with a trusted attorney if you're going to send a cease and desist letter KEY TAKEAWAY: Getting your trademark registration signals a huge leveling-up in your business. Having a trusted attorney on your team who already knows your business can help you feel prepared to defend your trademark. Sign up below to get a free 5 Minute Intellectual Property Audit to learn how you can make more money from the copyrights and trademarks in your business (plus be the first to know when new episodes are live). This podcast is information, not legal advice specific to your situation.

Original Boss Mom®, Dana Malstaff, shares how protecting her brand was not only an early, key business strategy but also now provides her with peace of mind to reach her big goals. Listen and learn: How a registered trademark protects the meaning behind your business, not just its name How DIY'ing legal isn't always a good idea The pros and cons of DIY'ing legal for your business, and when it's time to level up and hire a lawyer Why having the right professionals on your team can make all the difference KEY TAKEAWAY: Working with a lawyer doesn't have to be an intimidating one-way street. Having the right legal support on your team can keep you from needlessly spending on non-strategized legal work. Sign up below to get a free 5 Minute Intellectual Property Audit to learn how you can make more money from the copyrights and trademarks in your business (plus be the first to know when new episodes are live). This podcast is information, not legal advice specific to your situation.

Registering a trademark seems like a business no-brainer, but there are some potentially negative consequences that are important to consider before you take the plunge. Join me in this week's episode where I discuss the downsides to registering a trademark, and why I think you should do it anyway. Listen and learn: Why raising your business's profile through trademark registration isn't always a good thing How a registered trademark helps prevent consumer confusion Why some trademarks can never be registered Why time really is of the essence in our U.S. trademark registration process How important it really is to work with a trusted legal advisor when registering your business's trademark KEY TAKEAWAY: Trademark registration is a complicated process that's not for the faint of heart. But if it's a brand that's important to your business, it's worth registering your trademark. Sign up below to get a free 5 Minute Intellectual Property Audit to learn how you can make more money from the copyrights and trademarks in your business (plus be the first to know when new episodes are live). This podcast is information, not legal advice specific to your situation.

Shawn Fink, accidental entrepreneur and founder of Abundant Mama, talks through the desire to create and the fear of trying something new in this week's episode. Listen and learn: The importance of finding your own story Why knowing your ideal customer is so crucial How "owning your name" through a trademark can totally change your business Why working with a lawyer who understands your business can actually prevent you from unnecessary legal spending KEY TAKEAWAY: Taking the leap to work with a lawyer doesn't automatically mean that you'll find you've been doing things wrong all along - it can actually affirm that you're on exactly the right path already. Sign up below to get a free 5 Minute Intellectual Property Audit to learn how you can make more money from the copyrights and trademarks in your business (plus be the first to know when new episodes are live). This podcast is information, not legal advice specific to your situation.

You can file a trademark yourself, but should you? Online platforms like LegalZoom may lead you to believe filing a trademark application is as easy as filling out a form, but in reality it's a complicated process can require a lot of guidance. Listen and learn: The important first step you can take to prevent having your application denied Why working with a trusted lawyer can help you avoid finding out the hard way that your business name is not registerable How a lawyer can help you strategize your trademark application to save money long term Why a USPTO Office Action isn't always a bad thing KEY TAKEAWAY: Trademark applications are tricky a process to navigate. In some cases, if your application isn't done right the first time you might not get another chance to refile it. Working with a lawyer to file your trademark application not only ensures that your brand is fully protected, but it can also save you time and money in the long run. Sign up below to get a free 5 Minute Intellectual Property Audit to learn how you can make more money from the copyrights and trademarks in your business (plus be the first to know when new episodes are live). This podcast is information, not legal advice specific to your situation.

Stacy Tuschl of She's Building Her Empire talks about the benefits of working with a lawyer vs. an online platform when it comes to copyrights and trademarks. Listen and learn: Why putting things out there before they're (or you're) ready can be the best way to go Why not working with a lawyer on your trademark can leave your brand open to copycats The importance of knowing the difference between an independent contractor and an employee, as they relate to your business How the right pricing attracts the kind of clients you want to work with How valuable it is to have a lawyer on your team who knows your business KEY TAKEAWAY: If you're ready to reach your big goals or build your empire, the best place to start is on a firm legal foundation. Sign up below to get a free 5 Minute Intellectual Property Audit to learn how you can make more money from the copyrights and trademarks in your business (plus be the first to know when new episodes are live). This podcast is information, not legal advice specific to your situation.

Are intellectual property rights important to your business? This week I talk about why your business may or may not need to protect its copyrights and trademarks. Listen and learn: Which types of business are more likely to need intellectual property protection The difference between copyrights and trademarks Who needs to register a trademark or copyright The issues your business may face if your brand is built on your own name The benefits of registering with the U.S. Copyright Office or U.S. Patent and Trademark Office KEY TAKEAWAY: Not every business needs to invest in intellectual property protections. For businesses that make their money from their brand, their creativity, or their content, you must make smart decisions early in your business to have strong intellectual property rights that are properly protected for the long haul. Sign up below to get a free 5 Minute Intellectual Property Audit to learn how you can make more money from the copyrights and trademarks in your business (plus be the first to know when new episodes are live). This podcast is information, not legal advice specific to your situation.

Tradeshow Bootcamp's founder talks leveling up with legal help and how she transitioned from side hustle to flourishing business. Listen and learn: How keeping your day job can actually help you grow your business Why hiring a team can save you money in the long run Why registering a trademark may not be the best first step for your business Why copycats don't mean the end of your program or business Why contracts are essential when working with independent contractors KEY TAKEAWAY: Working with a trusted legal advisor from the start of your business can save you a lot of headaches down the road. Sign up below to get a free 5 Minute Intellectual Property Audit to learn how you can make more money from the copyrights and trademarks in your business (plus be the first to know when new episodes are live). This podcast is information, not legal advice specific to your situation.

If you've never worked with a lawyer, where do you even begin? I usually suggest a custom contract to protect your main revenue stream: client services, group programs, digital products or online courses, event attendee, or wholesale terms. Listen and learn: When it's time to uplevel the contracts you cobbled together yourself or created from a template Why contracts are so important to your business What could happen if your business isn't using a solid contract for the main revenue stream What kinds of contracts your business may need KEY TAKEAWAY: Every business needs solid contracts. As your business grows, the stakes are higher, and contracts custom-tailored to protect your business's main revenue stream, by a lawyer who understands your business, is a must-have. Sign up below to get a free 5 Minute Intellectual Property Audit to learn how you can make more money from the copyrights and trademarks in your business (plus be the first to know when new episodes are live). This podcast is information, not legal advice specific to your situation.

The Sales School and Authentic Selling founder shares about hiring a lawyer to create a custom contract for her online sales coaching business, and how her lawyer was able to talk her off a cliff during a difficult customer situation. Case Study Highlights: how the universe responds when you take your business seriously and set things up the right way how she knew it was time to work with a lawyer on a contract, but really appreciated having a lawyer on her side later during a difficult customer situation why you don't want to be on the wrong side of not having the right protection for your business -- you're working too hard, spending too much time away from your family to lose it why it's been important to work with professionals who understand online business the education process of figuring out the legal protections you need for your business why she does not DIY legal for her fast-growing business KEY TAKEAWAY: Having a trusted legal advisor on your team will help you figure out what to do and get through situations that aren't so fun. Kendrick Shope is the creator of Authentic Selling® and expert who empowers women to make millions without sacrificing their integrity. Kendrick also hosts her own radio and podcast show host, is in development with 2 Market Media on her own reality show and is finalizing a deal on her first book, "Sell Like A Woman." Today, Kendrick runs an online Sales School where she teaches women how to create massive success using Authentic Selling®. Sign up below to get a free 5 Minute Intellectual Property Audit to learn how you can make more money from the copyrights and trademarks in your business (plus be the first to know when new episodes are live). This podcast is information, not legal advice specific to your situation.

How can you save money with legal protections for your business? Listen and learn: Why outsourcing legal is critical when you are in the Integration Phase of building your business How outsourcing your legal needs will save you time that you can spend on more profitable activities How a legal expert will save you money by prioritizing the correct legal protections for your business How working with the right lawyer for your industry and legal issue, not a generalist, will save you money by being more efficient and doing things the right way the first time How you may get better deals because people treat you differently when you have a lawyer on your team What costly mistakes you can avoid by working with an experienced lawyer KEY TAKEAWAY: Working with an experienced lawyer who understands your industry will save your business money in the short-term and long-term, help you earn more money by allowing you to focus on your zone of genius, and can result in better deals for your business. Sign up below to get a free 5 Minute Intellectual Property Audit to learn how you can make more money from the copyrights and trademarks in your business (plus be the first to know when new episodes are live). This podcast is information, not legal advice specific to your situation.

Working with a lawyer has helped Life + Biz Success Coach® Reina Pomeroy feel secure, and make sure she's focusing on the right legal priorities, as she's building a fast-growing and successful business. Case Study Highlights: How Reina transitioned from a prior business in the wedding industry and decided to become a life and business coach How Reina + Co's offerings and services have changed since she's been in business, and how she made those decisions When Reina knew it was time to work with a lawyer, and what they tackled as their first project How working with an attorney on a long-term, retainer basis on her team has helped Reina feel secure in her business Why it was important to have a lawyer help her make decisions about prioritizing what to protect legally in her business KEY TAKEAWAY: Figuring out what the real legal priorities are in your business is key to making sure you don't waste your money on things that aren't actually important right now. Reina Pomeroy is the Owner and Founder of Reina + Co, the Life + Biz Success Coaching® Practice for creatives who are right brained and heart-centered. She helps clients stop spinning their wheels and take action on what's most important. She's a Certified Professional Co-Active Coach with over 1,500 hours of coaching under her belt. Reina also co-hosts the Creative Empire Podcast where she interviews leaders in the creative industry. She's based in Washington DC but her clients and creative entrepreneur community live all over the globe. You can find Reina's work featured on Entrepreneur on Fire, Entrepreneur.com, Brit + Co, The Huffington Post, Honeybook, The Rising Tide Society and Best Friends for Frosting. She also travels around the country speaking and educating creative entrepreneurs. Sign up below to get a free 10 Step Legal Road Map® Checklist to build a strong legal foundation for your business (plus be the first to know when new episodes are live). This podcast is information, not legal advice specific to your situation.

We're back with Season 2! This season will teach you legal steps you need to take to be sure you reach your goals as you grow a profitable, sustainable business. We're featuring case studies with high-achieving and ambitious entrepreneurs, talking about how they've built their businesses, and the legal lessons they've learned along the way: Reina Pomeroy - Episode 14, live now Kathleen Shannon and Emily Thompson of Being Boss Shawn Fink of Abundant Mama Dana Malstaff of Boss Mom Kendrick Shope of Authentic Selling Katie Hunt of Trade Show Boot Camp Stacy Tuschl of She's Building her Empire Mary Beth Storjohann of Workable Wealth Corinne Crabtree - PNPTribe Jenny Shih - Success on your terms Few more surprises in the works In today's episode, I'm talking about three phases of growing a profitable, sustainable business, and how the legal issues are different in each of these phases. I'm also going to give you a sneak peek of what's to come in Season 2. KEY TAKEAWAY: When you're in the integration phase, you have built a business you don't want to lose, so it's time to level-up, and start taking care of legal issues. Building a strong legal foundation will make sure you reach your big goals, and never have to work for anyone else again. Sign up below to get a free 10 Step Legal Road Map® Checklist to build a strong legal foundation for your business (plus be the first to know when new episodes are live). This podcast is information, not legal advice specific to your situation.

Business is booming and you're ready to hire help -- make sure you do it the right way! When should you hire an independent contractor and when do you need to pay someone as an employee (and what's the difference)? Plus contracts for workers, like non-compete and NDAs. Episode highlights: What's the difference between kinds of workers - independent contractors and employees? What could happen if you misclassify a worker as an independent contractor when they should be an employee (or vice versa)? What does it mean to be an "at will" worker? When should you use a non-compete or NDA (non-disclosure) agreement? What forms do you have to fill out when hiring workers? KEY TAKEAWAY: You could open yourself up to major fines and penalties if you misclassify a worker as an independent contractor when they should be an employee, so it's essential to look at all the factors and make sure you expand your team the right way, and consult an expert if you're not sure. Click here to sign up for Ashley Cox of sproutHR's guide to the differences between independent contractors and employees (plus be the first to know when new episodes are live). This podcast is information not legal advice specific to your situation.

As a creative business owner, at some point, you will probably find someone has copied your best stuff or started a business or product with a very similar name as yours. Learn how to respond when this happens to protect your business and brand. (Be sure to listen to Episode 5 first for an overview of the different kinds of IP; Episode 11 builds on Episode 5). Episode highlights: What steps can you take to avoid someone copying you? What evidence should you keep in your files if you find you've been copied? How can you get someone to stop copying you without a lawyer? What is a DMCA takedown notice and how can this help you stop copycats? When should you consider hiring a lawyer? What is the process for filing an infringement lawsuit and what does it cost? KEY TAKEAWAY: Protecting your rights from copycats may be easier than you think, many people don't know how the laws work and often a gentle heads up and request that they stop will work wonders. Sign up below for swipe copy you can use to write your own cease and desist letter to send to a copycat (plus be the first to know when new episodes are live). This podcast is information not legal advice specific to your situation.

How can you get paid for the intellectual property your business owns? Licensing might just unlock a hidden revenue stream. Learn about the basics of selling a license, or permission to use your copyrights, trademarks, or patents. (Be sure to listen to Episode 5 first for an overview of the different kinds of IP; Episode 10 builds on Episode 5). Episode highlights: License = fancy word for permission to use your IP What terms should your license include? What's the difference between an exclusive and non-exclusive license? What should you charge for a license? KEY TAKEAWAY: A license is a contract, and like any contract, it's always best to put exactly what you're giving permission to do in writing, signed by both the owner of the IP (licensor) and the user (licensee). Sign up below for swipe copy you can use to write your own basic license (plus be the first to know when new episodes are live). This podcast is information not legal advice specific to your situation.

You got a letter saying you've infringed intellectual property rights in someone's copyright, trademark, or patent. Now what? Learn what a "cease and desist" letter and "DMCA takedown notice" are, and some steps you might take on your own without hiring a lawyer. (Be sure to listen to Episode 5 first for an overview of the different kinds of IP; Episode 9 builds on Episode 5). Episode highlights: What is a "cease and desist" letter? What is a "DMCA takedown notice"? How to investigate on your own When a sincere apology might do the trick What evidence should you keep in your files How to evaluate the risk of a lawsuit When you should consider hiring a lawyer KEY TAKEAWAY: You can avoid getting a cease and desist letter by creating your own stuff or getting permission, but if you make a mistake, you might be able to fix it on your own by apologizing and taking down the infringing content. Sign up below for a 5 step guide to respond to a cease and desist letter (plus be the first to know when new episodes are live). This podcast is information not legal advice specific to your situation.

How can you use content created by other people like photos, videos, music, or text (third-party content) the right way in your business? Learn all about fair use and how to stay out of legal hot water with copyrights and trademarks. (Be sure to listen to Episodes 5, 6 and 7 first for an overview of the different kinds of IP; Episode 8 builds on those episodes). Episode highlights: What's in the public domain? Ask permission - the safest bet Using other people's content on social media (re-pinning, re-posting, re-gramming) Copyright fair use - there is no magic % you can change and be safe Trademarks - rules for selling things made with licensed fabric, plus can you use college sports and NFL logos, movie and book titles and characters, quotes and song lyrics? KEY TAKEAWAY: If you don't have permission, you're probably infringing. Create your own stuff or get permission (in writing!) or risk getting a nasty letter or being sued. Sign up below for a cheat sheet to help you use other people's stuff the right way (plus be the first to know when new episodes are live). This podcast is information not legal advice specific to your situation.

Want to stop copycats in their tracks? Learn how copyright law automatically protects your creative content like your blog, photos, videos, and e-courses, and the huge benefit you can get by registering your copyrights ASAP. (Be sure to listen to Episode 5 first for an overview of the different kinds of IP; Episode 7 builds on Episode 5). Episode highlights: Who owns what? How to be sure your business owns copyrights when your employees or contractors do the creating Tricky ownership issues with co-creators What rights does a copyright owner get? Crazy good benefits of copyright registration How does the federal copyright registration process work? Do you need to hire an attorney? How long does a copyright registration last? Should you use the © symbol? KEY TAKEAWAY: Copyright registration is easy and inexpensive -- this is a MUST for any business that's making money from content like a blog, videos, e-course, or other digital products. Sign up below for a Copyright 101 guide (plus be the first to know when new episodes are live). This podcast is information not legal advice specific to your situation.

How can you create the most value in your brand? Start by choosing a great company or product name, then check to make sure no one else is already using it. Plus learn why a federal trademark registration could help your business. (Be sure to listen to Episode 5 first for an overview of the different kinds of IP; Episode 6 builds on Episode 5). Episode highlights: What kinds of brand and company names make the best trademarks? Fanciful, arbitrary, suggestive, descriptive and generic marks explained. How can you search to see if a trademark is already being used? Is checking for domain name availability good enough as a trademark search? When does it make sense to register a trademark? How does the federal trademark registration process work? Do you need to hire an attorney? How long does a trademark registration last? Should you use the ™ and ® symbols? KEY TAKEAWAY: One of the easiest legal protections you can DIY is a thorough trademark search to be sure you're not infringing anyone else's rights, and are building value in a brand you can actually protect. Sign up below for a Trademark 101 guide and cheat sheet to help you choose a great business or product name (plus be the first to know when new episodes are live). This podcast is information not legal advice specific to your situation.

Copyrights, trademarks, and patents, oh my! What intellectual property does your creative business own that's worth protecting? This primer will help you identify what's valuable in your business and how you can protect and make money with IP registrations. Episode highlights: Copyrights: protect creative works Trademarks: protect brands, company names, logos Patents: protect inventions, processes, manufactured designs Trade secrets: protect things you keep secret and give you a competitive advantage Right of publicity: protects use of your name or likeness (images where your face is recognizable) KEY TAKEAWAY: If it's valuable to your business, it's worth protecting. If someone copied your content or started a business with a similar name, would you (or your business income) be devastated? Then it's worth investing in legal protections for your IP. Sign up below for a cheat sheet about what copyrights, trademarks, and patents protect and how they're different (plus be the first to know when new episodes are live). This podcast is information not legal advice specific to your situation.

Do you need an LLC for your business? Maybe, maybe not. Learn why you might want to form an LLC or corporation, plus info about federal and state taxes, insurance, business licenses, EINs, bank accounts, and sales taxes. Episode highlights: Liability protection - what this actually means Federal and state tax issues (hint: talk to an accountant!) Pros and cons of Sole proprietorships, Partnerships, LLCs, and Corporations Changing your business name KEY TAKEAWAY: Forming a business entity can provide important protection for your personal assets and maybe even tax benefits -- but this decision will be different for every business. This is an area where chatting with an attorney and accountant is money well spent. Sign up below for a pro/con cheat sheet about the different kinds of business entities (plus be the first to know when new episodes are live). This podcast is information not legal advice specific to your situation.

NOTE - NEW PRIVACY RULES (EU GDPR) went into effect MAY 25, 2018. Check out episodes 38, 39, and 40 for updated information on privacy policies. This Episode 3 was published in 2016 and does not address the new rules. Wonder what those "privacy policies" or "terms and conditions" that you see on websites actually are? Find out about these and other documents and terms your website must have - terms of use, disclaimers, and disclosures. Episode highlights: Terms and conditions: the rules of the road for your website and how you protect your copyrights and trademarks Privacy policy: required by law! Terms of use: a contract with your e-course or digital product purchasers Disclaimers: consider for health, financial, or legal information Disclosures: required by the FTC if you receive money or products, and for affiliate links KEY TAKEAWAY: If you collect any personal information through your website (even just an e-mail address through an opt-in or contact form), you are required by law to post a policy on your website telling your visitors what you will do with this information, such as whether you sell it to third parties or share it with your advertisers or partners. Sign up below for a list of all the legal documents, notices, and disclaimers you may need to post on your website, and swipe copy you can use to create your own (plus be the first to know when new episodes are live). This podcast is information not legal advice specific to your situation.

What contracts do you need for your creative business, and what should they say? Contracts are THE most important legal protection for your business. Learn about contracts with your clients or customers, vendors, partners or founders, joint venturers, investors, independent contractors and employees, event attendees. Episode highlights: When is a verbal contract ok, and when should you put it in writing? Liability waivers explained Why you need an agreement when you let others use your IP (e-courses and digital products + licenses) Key terms every contract should include How to get someone to actually sign a contract KEY TAKEAWAY: You must put your agreements in writing. Whether you work with a lawyer or just write it up yourself, you'll have all the terms are in one place if a question or problem comes up later. Sign up below for a cheat sheet to write your own contracts with five key terms every contract should include (plus be the first to know when new episodes are live). This podcast is information not legal advice specific to your situation.

Do you need to worry about legal protections for your business? In a word, YES! Find out why you can't ignore the law, how taking care of legal issues early can save and even make you money, and how legal protections can let you be more creative. Episode highlights: Contracts: everything is spelled out in case disagreements come up later Trademark name search: avoid getting sued and build value in your brand Copyright registration: better remedies against copycats Forming an LLC: protect your assets if sued for something related to business Licenses and taxes: do it right from the start, don't want to have to pay penalties later KEY TAKEAWAY: Spend a little time and/or money on legal in the beginning doing it right, so you can avoid spending a lot later on. Sign up below to get a free 10 Step Checklist to get your business legally legit (plus be the first to know when new episodes are live). This podcast is information not legal advice specific to your situation.