E-commerce Business Checklist

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Business Retailer: A retailer can be an individual or a business entity. An owner should understand the liability of these options. As an individual, the individual can become individually liable for any disputes that occur. If the owner is an established business entity, the business entity can protect the individual from such liability. Protection from … Read more

What is the USPTO?

The United States Patent and Trademark Office (USPTO) is the federal agency for granting U.S. patents and registering trademarks. The USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the legislative branch to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors … Read more

What is a Trademark?

 The term “trademark” often refers to both a trademark and a service mark. Trademark vs. Service mark A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of … Read more

Reposting Social Media Posts

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Customers often post images of products they have purchased on social media. The question is whether businesses can use or repost those images on their own social media. The answer to this question involves copyright laws. Copyright Ownership The authors of a social media post has exclusive rights under the Copyright Act, including the right … Read more

Applying for a trademark

Process for applying a trademark Picking a trademark Research Use in commerce/Intent to use Application Approval Renewal fees Picking a trademark When deciding what trademark to use, a owner should understand the strength of the trademark. There are varying levels of trademark strength depending on the words themselves. The following list are the various levels … Read more

DMCA Takedown Notice Background

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DMCA takedown notice background Generally, a service provider would have liability for copyright infringement. The law provides for limiting the liability of online service providers (OSP) for infringing material on websites hosted on their systems, including website users posts on the website. Limitation eligibility To be eligible for the limitation, an OSP must not have … Read more

Dropshipping Primer

This article is a dropshipping primer to learn how people make dropshipping websites. This primer is for those who want to want a quick understanding of how dropshipping works. Components Dropshippers are popping up everywhere because the resourses on the internet make dropshipping easy to set up. Setting up a dropshipping business consists of a … Read more

Copyright protection

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Copyright protects original expression of ideas in various forms and media. Copyright protection lasts for a limited time and has certain statutory exceptions. Protected material Copyright protects work of authorship. Examples include: Literary works Musical works Dramatic works Pantomines and Choreographic works Pictorial, Graphic, and Sculptural works Motion pictures and audiovisual works Sound recordings Requirements … Read more

Public Notice of IP

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An owner of intellectual property rights can enforce their right without registration. Additional rights may be given if there is notice to the public. Below, I outline how rights are stronger notice has been given to the public about a certain intellectual property right. What is public notice? Public notice is telling the public about … Read more

What to know about Social Media Influencers

This article complies a list of some legal issues that may arise when working with social media influencers. Agreements with the influencer When engaging with social media influencers, a contract should be formed to govern the duties of each party. Without a contract, disputes may arise if an influencer does not act in accordance to … Read more