JoAnn Holmes Speaks to the Association of Black Engineers, Scientists and Technologists

Attorney JoAnn Holmes presented "Eureka! Now What? Protecting Business Intellectual Property and Innovation" to the Association of Black Engineers, Scientists and Technologists. The lively, interactive session centered on intellectual property ("IP") as core business assets, and included discussion of trademarks, trade dress, copyrights, trade secrets and patents. JoAnn taught about distinguishing employer owned IP, the impact of non-compete and non-solicitation agreements, independent contractor relationships, and IP licensing.

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#intellectualproperty #trademark #tradesecrets #copyright #technology #innovation

Eureka! 4 Tips to Protect Business Innovation

Intellectual Property is the umbrella for brand names, logos, advertisements, songs, photos, software and inventions. Those innovations are valuable business assets. Here are a few tips to protect them.

1. Trademarks – The names, logos, slogans and hashtags that identify products and services are trademarks. iPhone, “Think Different” and the Apple logo are all examples.

HOLMES@LAW Tip: Conduct a clearance search BEFORE adopting a trademark. It’s much cheaper than defending a lawsuit, paying damages and rebranding your products and services after an infringement occurs.

2. Domain Names – Owning a trademark doesn’t automatically afford rights in a related domain name. For example, Delta Airlines and Delta Faucets can’t both own the www.Delta.com domain name. When choosing a mark, run a domain name search at the same time to help coordinate your marketing strategy.

HOLMES@LAW Tip: If the “dot com” domain name relating to your trademark isn’t available, try the website www.NameMesh.com. It generates dozens of different options by adding “inc” or “llc” at the end of a company name, including a hyphen between words, or getting creative with .biz, .info and other top level domain choices.

3. Copyrights – That song beat you just can’t seem to shake is protected as a copyright. So are books, movies, photographs, paintings and even software code. Copyrights afford legal protection for creative works.

HOLMES@LAW Tip: Even after paying for a creative work like a logo, photograph, product label, or a website design, you still don’t own that copyright. Although it may be counterintuitive, it’s necessary to enter a Copyright Assignment or Work for Hire agreement to legally transfer a copyright from the “creator” to you.

4. Trade Secrets – Customer lists, sales strategies, growth projections and even formulae are trade secrets. In other words, the confidential information that provides your business with a competitive advantage is a trade secret.

HOLMES@LAW Tip: Protect trade secrets through non-disclosure agreements BEFORE sharing confidential information. Also, include non-compete and non-solicitation terms in employment contracts to help reinforce your rights.

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This article is jointly published in the May 2016 issue of the Gwinnett Citizen newspaper.

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JoAnn Holmes ("Jo") is the founder of HOLMES@LAW, LLC. She serves as Outside General Counsel to select, intimate management teams for midsize companies. Likewise, Jo provides strategic support for lean law departments.

Jo founded HOLMES@LAW to provide agile, result-driven legal solutions. Beyond risk management, we help identify opportunities. The firm's focus areas are business law and strategy, commercial contracts and global intellectual property management. We build long-term relationships as trusted collaborators, and our flexibility consistently yields great value for clients.

HOLMES@LAW is also committed to service work, including through supporting local schools and leadership groups, as well as domestic and international charities. Since its founding, the firm has dedicated more than 200 hours to community service.

Contact Us to discuss how we can work together for your business success. HOLMES@LAW - Your Business Ally™.

Holmes, How … about the Disclaimers?

Information shared by JoAnn Holmes and/or HOLMES@LAW, LLC ("We or Us") is for educational purposes only. It is not legal advice. Each situation is unique, so the information We share may not be relevant to your circumstance. Until you enter a formal engagement agreement with Us, We are not your legal counsel, and no attorney-client relationship exists. So, please do not share any confidential information with Us, and please only interact with Us if you agree to these ground rules. Thanks!

© 2016 HOLMES@LAW, LLC. All Rights Reserved.

#intellectualproperty #trademark #tradesecrets #domainnames

5 Tips for Great Business Contracts

Small and midsized businesses are often anxious about legal risks, and need affordable solutions. Strong contracts are key to avoiding unnecessary, costly disputes, and solidifying relationships with customers and vendors. Here are five tips for great deals.

1. One and Done: It’s often a good idea to create a “master services agreement” that explains all of the legal terms that govern your relationships. That contract may be “evergreen”, and last indefinitely. Work orders are a great way to update business focused issues like ongoing deliverables and deadlines without re-opening the full contract.

2. The Price is Right: A key reason to enter a contract is to ensure that you and your customer or vendor have agreed upon the scope of work, pricing and payment terms. Clarity about those issues helps avoid disputes.

3. Protect Your Assets: Intellectual property like trademarks, copyrights, software code, inventions, and trade secrets (such as customer lists and profit margins) all provide competitive advantage. Be clear about what’s yours, as distinct from what belongs to your customers and vendors. And agree that everyone will keep confidential information a secret.

4. Hold Me Harmless: “Indemnifications” help protect your business from the cost of risks that you didn’t create. If you’re sued without merit, it’s good to have a “hold harmless” provision that limits your defense expenses.

5. Fight on Your Home Turf: Good contracts help limit the risks of disputes and litigation. But, if there must be a legal fight, you may want to ensure that Georgia law will govern, and to limit costs, require that local courts hear the case.

Like this post? Sign up for our newsletter.

We'll send you the good stuff right to your inbox!

______________

This article was also published in the March 2016 issue of the Gwinnett Citizen newspaper.

______________

JoAnn Holmes ("Jo") is the founder of HOLMES@LAW, LLC. She serves as Outside General Counsel to select, intimate management teams for midsize companies. Likewise, Jo provides strategic support for lean law departments.

Jo founded HOLMES@LAW to provide agile, result-driven legal solutions. Beyond risk management, we help identify opportunities. The firm's focus areas are business law and strategy, commercial contracts and global intellectual property management. We build long-term relationships as trusted collaborators, and our flexibility consistently yields great value for clients.

HOLMES@LAW is also committed to service work, including through supporting local schools and leadership groups, as well as domestic and international charities. Since its founding, the firm has dedicated more than 200 hours to community service.

Contact Us to discuss how we can work together for your business success. HOLMES@LAW - Your Business Ally™.

Holmes, How … about the Disclaimers?

Information shared by JoAnn Holmes and/or HOLMES@LAW, LLC ("We or Us") is for educational purposes only. It is not legal advice. Each situation is unique, so the information We share may not be relevant to your circumstance. Until you enter a formal engagement agreement with Us, We are not your legal counsel, and no attorney-client relationship exists. So, please do not share any confidential information with Us, and please only interact with Us if you agree to these ground rules. Thanks!

© 2016 HOLMES@LAW, LLC. All Rights Reserved.

#contracts #indemnification #tradesecrets