Categories
Business Law Trademarks

Is the Value of Your Business’s Trademark(s) Increasing or Decreasing During these Times?

In the wake of George Floyd’s murder, police brutality, and racial injustice protests that ensued afterwards, many businesses are trying to figure out how to navigate preserving the value of their trademark(s). 

A company’s trademark(s) represent so much more than an aesthetic logo, brand colors, and typography. Trademark(s) represent your company’s goodwill. The goodwill of your company represents what your company stands for, the values of your business, and how those values align with your company’s business practices. 

The Importance of Value-Led Businesses 

The days are gone when you were once able to distinguish your company’trademark(s) from your company’s social valuesIn fact, Forbes reported that 7 out of 10 Millennials (the largest group of consumers) care about buying from brands that take a stand on their values, otherwise known as value-led businesses. If your business is currently staying silent to protect your company’s brand, silence may instead be devaluing your company’s trademark(s).  

Consumers are carefully watching your company’s response (or lack thereof) to the racial injustices plaguing our communities. If your brand includes buzzwords like “diversity” and “inclusion” in communicating your company’s values, why wouldn’t your business be speaking up at this timeThat’s the question Millennial consumers are asking at this time. 

Companies’ responses to these trying times are how they will prove to their target audience that their brand aligns with their “diversity” and “inclusion” values. 

Examples of Value-Led Businesses Paving the Way 

Ben & Jerry’s is setting the gold standard for how businesses can protest racial injustices and police brutality which consequently adds substantial value to their trademark(s). The ice cream company did not stall in issuing their statement. They were also very clear about their stance on the issues and took the time to take everyone on an educational journey to explain how we got to where we are today.  

Instead of tiptoeing around the topic, Ben & Jerry’s addressed the issues head-on and called out specific historical systems that have led to the continued oppression of America’s black citizens. 

Acknowledging the pain of a community is the first step in being able to empathizwith them and create a solution. After acknowledging the racial inequality and forcefully denouncing injustices, Ben & Jerry’s followed their allyship with actionas evidenced by their social media post below. Active allyship is much more valuable than performative allyship.   

Ben & Jerry’s went beyond merely sharing a statement followed by silence. Instead, they continued to share helpful resources, information about peaceful protests, educational materials, petitions to sign, and applications to register to vote.  

Furthermore, their public support for the Black Lives Matter movement is accompanied by steps the company is taking to be part of the solution. Here is an excerpt from the “Silence is NOT an Option” statement by Ben & Jerry’s, which you can find in full by clicking here: 

Four years ago, we publicly stated our support for the Black Lives Matter movement. Today, we want to be even more clear about the urgent need to take concrete steps to dismantle white supremacy in all its forms. To do that, we are calling for four things: 

First, we call upon President Trump, elected officials, and political parties to commit our nation to a formal process of healing and reconciliation. Instead of calling for the use of aggressive tactics on protestors, the President must take the first step by disavowing white supremacists and nationalist groups that overtly support him, and by not using his Twitter feed to promote and normalize their ideas and agendas. The world is watching America’s response. 

Second, we call upon the Congress to pass H.R. 40, legislation that would create a commission to study the effects of slavery and discrimination from 1619 to the present and recommend appropriate remedies. We cannot move forward together as a nation until we begin to grapple with the sins of our past. Slavery, Jim Crow, and segregation were systems of legalized and monetized white supremacy for which generations of Black and Brown people paid an immeasurable price. That cost must be acknowledged and the privilege that accrued to some at the expense of others must be reckoned with and redressed. 

Third, we support Floyd’s family’s call to create a national task force that would draft bipartisan legislation aimed at ending racial violence and increasing police accountability. We can’t continue to fund a criminal justice system that perpetuates mass incarceration while at the same time threatens the lives of a whole segment of the population. 

And finally, we call on the Department of Justice to reinvigorate its Civil Rights Division as a staunch defender of the rights of Black and Brown people. The DOJ must also reinstate policies rolled back under the Trump Administration, such as consent decrees to curb police abuses.”  

As a result of their involved approach to the movement, Ben & Jerry’s has reportedly noticed both greater customer loyalty and stronger bonds between their consumers and their employees because of their social justice measures which, by the way, had absolutely nothing to do with ice cream.  

Build a Lasting Impression 

While customers or clients may be too distracted to purchase from your business in the current social landscape, your company’s willingness to “show up” for them and stand in solidarity against injustice will leave a lasting imprint. When the time comes to make a purchase in your company’s industry, they will return as loyal consumers that remembered how your company authentically represented its values without asking for a single dollar in return.  

These are the businesses of the future. These businesses champion their values will long outlast those that use trendy, performative buzzwords as a façade to entice consumers. 

Helpful Resources for You 

Are you a new business owner trying to build the value of your company’s trademark(s)

Our lead attorney at the Benkabbou Law Firm, PLLC, Salma Benkabbou, Esq., The Millennial Business Lawyer®, talks about the value of your company’s trademark(s) during social injustice protests on her podcast, Keeping It Real In Business™. Click here to listen to the episode. 

If you liked this blog post and found it helpful, please consider subscribing to our newsletter. We skip the legal jargon and send the need-to-know updates straight to your inbox. Join our newsletter here. 

DISCLAIMER: Information communicated in, to, or through this blog post and your receipt or use thereof: (1) does not create an attorney-client relationship; (2) it is not intended as a solicitation; (3) is not intended to convey legal advice or constitute legal advice; (4) and it is not a substitute for obtaining legal advice from an attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.  

 

Categories
Business Immigration Law Business Law Immigration

New Rules Announced for CW-1 Employers

New visa requirements have been announced for CW-1 employers in an effort to protect American workers from displacement or disadvantages against non-U.S. workers. 

While the U.S. allows thousands of foreign employees to work in America every year, all foreign workers must have the permission to work legally in the United States and in the CNMI, or the Commonwealth of the Northern Mariana Islands (CNMI).  

Many temporary workers of CNMI, however, do not qualify under traditional temporary worker categories under the Immigration and Nationality Act. These individuals are then eligible for the CNMI-Only Transitional Worker classification, or the CW Visa.  

Here at the Benkabbou Law Firm, we prioritize keeping our clients informed of business immigration law changes that may affect our clients. We have compiled a list of the changed requirements for you:  

NEW DHS AND USCIS REQUIREMENTS FOR CW-1 EMPLOYERS 

The IFR requires new steps for employers when hiring CW-1 workers:  

  • Employers must enroll in the federal government’s online employment verification system, E-Verify, for all of their hiring sites in the CNMI;   
  • They must also be in good standing within the E-Verify program; 
  • CW-1 filings for FY 2020 must include an approved temporary labor certification (TLC) from the U.S. Department of Labor; 
  • CW-1 employers must file a semiannual report verifying the continued employment and payment of the CW-1 worker; 
  • USCIS is implementing this new statutory requirement through a new form, Form I-129CWR, Semiannual Report for CW-1 Employers.  

Other updates in the IFR include:  

  • Establishing minimum wage requirements for a CW employer; 
  • Establishing procedures for revoking an employer’s CW-1 petition; 
  • Incorporating the definition of a legitimate business as set forth in the Workforce Act.  

OUR BUSINESS IMMIGRATION SERVICES 

Business immigration law allow companies to utilize people with the specialized skills, knowledge, and investment capital they need to thrive. However, navigating these laws and determining the appropriate course of action while protecting yourself against enforcement efforts can prove to be a daunting and complex task.

With so much on the line, it is important to have a sophisticated Tampa business immigration lawyer with expertise in this area of law on your side. At the Benkabbou Law Firm, PLLC, we provide you with legal counsel you can trust to guide you through these processes, offering a range of business immigration services to meet your every need. 

If you need help paying for a business immigration attorney, please read our blog post on Covering the Cost of Immigration Fees here.

LET US HELP  

Are you an employer that needs help navigating these new changes? We can assist with filing the new forms required by the IFR.  

Or, if you are a business owner who would not like to follow the new guidelines, please connect with us so that we can help you file a petition before the deadline.  

ABOUT THE BENKABBOU LAW FIRM 

The Benkabbou Law Firm, PLLC, is a boutique law firm located in Tampa, Florida. Our firm focuses on business law, immigration law, business immigration law, and intellectual property law. At our firm, we treat our clients like family and treat their interests and dreams as our own.  

OUR COMMITMENT TO OUR CLIENTS 

At the Benkabbou Law Firm, PLLC, we value keeping our clients informed of all possible problems they may face. We provide proactive legal solutions to help our clients avoid the possibility of liability, which saves our clients money, time, and resources. In uncertain times like these, we are prioritizing the long-term interests of our clients and their livelihoods.  

To receive updates just like this, please consider subscribing to our newsletter. We skip the legal jargon and send the need-to-know updates straight to your inbox. Join our newsletter here.

DISCLAIMER: Information communicated in, to, or through this blog post and your receipt or use thereof: (1) does not create an attorney-client relationship; (2) it is not intended as a solicitation; (3) is not intended to convey legal advice or constitute legal advice; (4) and it is not a substitute for obtaining legal advice from an attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. 

Categories
Business Law

Is Reopening Your Business a Risk?

Many businesses are reopening after weeks of closing their doors because of the coronavirus COVID-19 pandemic. In Florida, Phase 1 of Governor DeSantis’ “SAFE. SMART. STEP-BY-STEP” plan began on May 4, allowing restaurants and stores to open in diminished capacities. “Full” Phase I began on May 18 and restaurants are now allowed to serve more customers. Gyms have also reopened, as well.  

However, we may be entering Phase 2 very soon, which will allow other businesses to reopen their doors, too.

While everyone tries to navigate this uncharted territory, our firm is looking at the legal issues that may arise from reopening. We are not yet sure whether Congress will pass a law that immunizes business owners from coronavirus-related suits – but, we do know that you certainly don’t want to find out when it’s too late. 

Whether you are a business owner that has already reopened or you are planning to reopen soon, this post is for you. Business owners cannot ignore the possible liability that may ensue from improperly reopening.  

Here are four steps you can take with your business to limit your legal liability potential:  

Step One: Solidify Your “Return to Work” Employee Policy 

OUR TIP: Call us for help with your legally solid Return to Work Employee Policy. It is not enough to state your policy verbally; the policy must be properly documented and signed to be legally sound. 

 

Step Two: Reconfigure Work Spaces and Work Schedules 

  • Stagger employees’ work schedules so that only a limited number of employees are at the office at once. 
  • If some of your employees have shown that they can work productively and efficiently from home, consider allowing those employees to continue working remotely.  
  • Reorganize your workspace.  
  • Make sure that no employees are facing one another and are spaced out at least 6 feet apart.  
  • Ensure that everyone can easily maneuver the workspace without having to come into contact with anyone else. Mitigate high traffic from certain areas by having a more open furniture plan. 
  • Post signs around your office on the doors and walls reminding your employees of the procedures and policies.  

Step Three: Have Personal Protective Equipment (PPE) for your Employees 

  • Require employees to use personal protective equipment or PPE.  
  • Have PPE ready for your employees when they return back to work.  
  • Train your employees on the appropriate usage of PPE. 

Step Four: Establish Your COVID Screening Process 

  • Your Return to Work Employee Policy needs to include a screening process for your employees’ COVID symptoms. Be aware of the symptoms listed by the CDC, which you can view here.
  • Remind and require your employees to stay at home if they show any symptoms.
  • Require employees to report when someone has shown symptoms in their home.  
  • If they have reported a household member who has tested positive for COVID, make sure that the employee stays home for at least 14 days.  

IMPORTANT: Failure to have a written policy can subject you to privacy law and/or discrimination law.

ABOUT THE BENKABBOU LAW FIRM 

The Benkabbou Law Firm, PLLC, is a boutique law firm located in Tampa, Florida. Our firm focuses on business law, immigration law, business immigration law, and intellectual property law. At our firm, we treat our clients like family and treat their interests and dreams as our own.  

OUR COMMITMENT TO OUR CLIENTS 

At the Benkabbou Law Firm, PLLC, we value keeping our clients informed of all possible problems they may face. We provide proactive legal solutions to help our clients avoid the possibility of liability, which saves our clients money, time, and resources. In uncertain times like these, we are prioritizing the long-term interests of our clients and their livelihoods.  

To receive updates just like this, please consider subscribing to our newsletter. We skip the legal jargon and send the need-to-know updates straight to your inbox. Join our newsletter here.

DISCLAIMER: Information communicated in, to, or through this blog post and your receipt or use thereof: (1) does not create an attorney-client relationship; (2) it is not intended as a solicitation; (3) is not intended to convey legal advice or constitute legal advice; (4) and it is not a substitute for obtaining legal advice from an attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. 

Categories
Contracts Business Law

Breaking Contracts Because of COVID-19

Breaking Commercial Contracts During COVID-19 

Many businesses may not be able to fulfill their contractual obligations on time or at all due to the widespread outbreak of the COVID-19 coronavirus. If you are a business owner wondering if you can get out of a contract because of the pandemic, this post is for you.  

To determine if your contract can be breached because of the pandemic depends on a lot of factors, all of which must be reviewed by a business attorney thoroughly. An attorney can help you navigate through the requirements of the provision and aid your legal process.

At a minimum, we need to look at three factors:  

  1. Do you have a written contract that’s legally enforceable?  
  2. If so, does your written contract have a force majeure clause?
  3. Does the force majeure clause include the coronavirus pandemic?

What is a “Force Majeure” clause?  

Force majeure is French for “superior force,” and in the contract world it is legalese for an event that cannot be anticipated or controlled. Think “Act of God,” or an event that no one could have foreseen.  

A force majeure clause excuses a party from their contractual obligations because of a major unforeseeable event that makes it impossible for a party to complete their end of the bargain.   

Which events are considered force majeure events?  

To answer this question, we must look at the force majeure events included in the specific clause of your contract. It’s a case-by-case legal analysis. Some force majeure clauses can include natural disasters like floods and earthquakes, violence such as war or civil unrest, shortages of power or even epidemics, pandemics, and mandated quarantines, such as events connected with the COVID-19 coronavirus.

Your contract may include a list of events in the force majeure clause as those listed above or it may not. Just because the coronavirus pandemic itself is not included does not mean that you cannot invoke the clause as an excuse from your obligations under the contract. So, it’s important to have a business attorney review your contract for the legal analysis and to help guide you through the legal process.

What should I do about my contract during the coronavirus outbreak? 

I know this may seem like the obvious answer, but you must hire a business lawyer to review your contract to answer the three questions above. The answers are not simple, and they require a legal analysis of the negotiated terms, the breach at stake, the scope of the force majeure clause and the direct cause of your inability to complete your obligations under the contract.  

There are different conditions that change the outcome for everyone. A case-by-case legal analysis is required for each individual case to determine which plans of action are best for you and your business. 

We can help!

When you wish to break an agreement, the Benkabbou Law Firm, PLLC team will be able to fully examine your situation, help complete the application, and inform you of options available to you. Call our office at 813-586-3351 or email us at consult@blawfirmpllc.com to schedule a consultation with one of our attorneys. We look forward to being of service! 


To receive consistent updates like this one, please consider subscribing to our newsletter! We would love to have you as part of the Benkabbou Law Firm, PLLC family.

Subscribe to our newsletter here.

DISCLAIMER: Information communicated in, to, or through this blog post and your receipt or use thereof: (1) does not create an attorney-client relationship; (2) it is not intended as a solicitation; (3) is not intended to convey legal advice or constitute legal advice; (4) and it is not a substitute for obtaining legal advice from an attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.

Categories
Business Law Trademarks

Do I Own the Domain if I Own the Trademark?

If you are currently the owner of a specific domain, you might want to know if you are the owner of its trademark, too. People often tend to confuse the two, but there are differences between owning a domain name and owning a trademark. Just because you are the owner of a domain does not mean that you own its trademark. It is possible to own both, but you would need to take extra steps to make sure that you are the owner of both the domain and the trademark when you have a business and a website for it.

What is the Difference Between Owning a Domain Name and a Trademark?

When you are the owner of the domain, you are the one who owns the name of a specific website. As an example, if someone owns a website called ThisIsMyDomain.com, it belongs to them because it is registered to them. If someone creates a trademark, they may own the rights to that specific phrase, but they cannot use it for their domain name because it is already being used. While there is a difference between owning a domain name and owning a trademark, there is a way to make sure that you can own both.

What Does a Person Need to do to Own a Domain Name and a Trademark?

If you own a domain and you would like to own the trademark because you do not want to have to worry about someone else trademarking the name in the future, you would need to hire a trademark attorney to complete a detailed search to find out if the domain has already been trademarked or used in commerce. If nobody has trademarked it or used it, you can take the next step to obtain the trademark.

The Trademark registration process is lengthy and complex. You must hire a business lawyer to handle the registration for you so that you do not risk a rejection from the USPTO examiner.

Why is it Beneficial to Own Both a Domain and a Trademark?

When you have federally registered and trademarked your domain name, you can keep others from attempting to replicate that domain name or use something that is similar. When you are trying to brand your business, the last thing you need is someone to come along and attempt to steal your ideas while using a name that imitates the one you have created on your own. If you own a domain and a federally registered trademark, you can protect your business and website by making it much harder for people to try to steal your traffic or the number of customers you currently have. Although it does require taking extra steps, it is important to have that federally registered trademark for your domain name if you want to avoid having any problems in the future.

Need help applying for a trademark now that you currently own a domain? Let the Benkabbou Law Firm assist you. Our experienced business lawyers look forward to working with you.

Complete our
contact form to get started with your consultation. You can also call us at 813-586-3351 or send us an email at consult@blawfirmpllc.com for more information. 

Categories
Business Incorporation Business Law Contracts

5 Mistakes Rookie Entrepreneurs Make When Buying a Business

Buying an existing business can have its advantages. If the business already has a loyal fanbase, you could potentially have plenty of customers, which makes it easier to ensure continued success. However, there are some mistakes that people tend to make when buying businesses that puts future success in jeopardy. Below, the Benkabbou Law Firm describes some of the common legal rookie mistakes that people make when buying a business and what you can do to avoid making them.

1. Not Being Aware of the Reason(s) for the Sale

Always find out the reason for the sale of a business. Some entrepreneurs start businesses and move on from them quickly because they are always looking for a new, profitable venture. Just because someone is selling a business, it does not mean that the business is not doing well. Some business owners choose to sell at the right time when they can make a decent amount from the sale while stepping away from the industry for personal reasons. However, there are times when business owners are looking to sell because they are unable to achieve success with the business. In order to make an informed decision, you need to know this information in advance.

2. Not Reviewing the Contract Before Signing

The sales contract between you and the original business owner is a BIG deal. If you do not read through it and have any legal jargon translated into simpler terms before signing, you could make some major EXPENSIVE mistakes. Always make sure that you have a good understanding of what the contract entails before you sign it. You should have a business lawyer carefully review all the details of the contract before moving forward. 

3. Not Having a Plan for the Business

Before you buy a business, you should have a plan for it. If you know what the business is about and who the targeted audience is in general, you should be able to come up with some unique and fresh ideas that could help you take the business to the next level. If you do not have a plan and you just jump into the purchase anyway, you could run into a lot of trouble, including coming across unexpected legal issues.

4. Failing to Seek Legal Advice Before Making the Transaction

Not getting legal advice when making such a major transaction is one of the worst things you could possibly do. You need to speak with an attorney about your intentions of purchasing the business. An attorney can help you make the decision to invest in the business based on different factors, including the potential legal liabilities of the business, the value of the business, and more. Your attorney will help you review financial documents, contracts, governing documents, etc. for the business to let you know if you are making a wise investment or not. Your attorney will also ensure that the purchase will not violate any antitrust laws as these laws can be implicated in some business acquisitions.  

5. Investing in a Business That You are Not Passionate About

If you are not passionate about a business and what it sells, you should not invest in it. You need to have a true passion for the product or service that is provided to the customers. If it is not something you love or believe in, you are going to have a difficult time staying motivated to keep things running during the pitfall of the entrepreneurship journey.

Thinking of Buying a Business? Get Expert Legal Advice Ahead of Time

When you are thinking about buying a business, make sure to get legal expert advice beforehand. At the Benkabbou Law Firm, we are prepared to help you make an informed decision about your investment. Your best interests are important to us. Reach out for a consultation by calling us at 813-586-3351 or emailing us at consult@blawfirmpllc.com. 

Categories
Business Law Contracts Media and Press

5 Reasons Why You Should Never Use a Free Contract Template

It is almost impossible not to browse the web and not come across hundreds of contract templates for various areas of the business world. Even though many think that using a contract template is the best way to draft a contract, it can lead to serious legal problems. Thousands of parties enter into contracts that have been drafted using a template in lieu of a contract that has been drafted by an attorney. Below, you will find the dangers of using a contract template instead of an attorney drafted contract and how it can impact your agreement with another person or company.

1) Using the Wrong Contract Template

One of the biggest dangers of using a contract template instead of a contract written by an attorney is that you might use the wrong form. There are thousands upon thousands of templates available for use online. How do you know which one is correct for your situation? You simply do not know. It is possible that you could be signing a form that is for a joint venture when you would rather sign a form that establishes a partnership agreement between you and the other party. Once the documents are filed, you will need to go through a lengthy and expensive legal process to fix the problem.

2) Omitting Important Language

Language is key in any type of contract you draft, which is why you need to avoid templates at all costs. You have no idea who wrote the template you are using, which can lead to the omission of important language that can either make or break your agreement. When you work with an attorney to draft a contract, he or she will know the appropriate language to use in your contract based on the situation being discussed.

Why You Should Never Use a Free Contract Template

3) Not Having an Understanding of Your Rights

It is vital in any legal situation, especially when writing or signing a contract, that you have an understanding of your rights. When you use a contract template, you likely will not have a solid understanding of how your rights should be protected in the contract. An attorney knows the situation you are in and how your rights come into play, ensuring that all of your applicable rights are protected in the contract.

4) Failing to Tailor the Contract Template to Your Situation

Using a contract template does not make it easy to tailor the contract to your specific situation. For example, a contract template will not have language in it to address the terms of the deal you and the other party have discussed at length in meetings or via email. Instead, the wording will simply be generic and could cost you a lot of money and time if the other party decides to take advantage of this situation.

Why You Should Never Use a Free Contract Template

5) Failing to Know the Differences in State Laws

When you utilize a contract template, you fail to know or look for the differences in state laws. It is vital to the health of the contract that you have an attorney draft a contract for you since they know how state laws differ, especially when it comes to registering or creating a business.

In Need of a Contract? Contact an Experienced Contracts Attorney Today!

Do you need to draft a contract for your business? It is best done with the help of an experienced contracts attorney. Call or text the office of The Benkabbou Law Firm, PLLC at 813-586-3351 to schedule a consultation today.

Categories
Business Law

The Dangers of Misclassifying Independent Contractors and Employees in Florida

Operating a company comes with a lot of challenges, including finding the right candidates to fill open jobs. What happens if you hire someone and classify that worker incorrectly? Employers can face serious consequences when they misclassify employees as independent contractors and vice versa. 

This is an important concern when running a business, as mistakes can quickly lead to penalties, fines, lawsuits, and higher taxes. These are just a few of the dangers that companies face when misclassifying independent contractors and employees in the state of Florida.

How Does the Issue of Misclassification Arise?

For the most part, companies are not caught misclassifying employees or independent contractors until someone speaks up about a potential problem. For example, these problems do not usually come to light until the employee or the independent contractor files a complaint with the Florida Department of Labor or the United States Department of Labor

When a complaint is filed, an investigation will be opened into the practices of the employer to determine if employees and independent contractors have been misclassified. There are times when audits are conducted of random businesses to make sure they are classifying their employees correctly, but not every company will be audited in each round.

What are the Penalties for Misclassifying an Employee?

If your company is found to have misclassified an employee as an independent contractor or vice versa, you could face any of the following penalties:

  • 1.5% of wages
  • 40% of FICA taxes that were never withheld from a paycheck
  • 100% of matching FICA taxes that the employer should have paid
  • Interest is also assessed daily from the date these taxes were to be collected
  • A penalty of failure to pay taxes that equals 0.5% of the unpaid tax liability for every month up to no more than 25% of the total tax liability

The penalties listed above are for businesses that the Department of Labor and Internal Revenue Service deemed to have made an honest mistake when misclassifying an employee or independent contractor.

Should it be determined that misclassification was intentional, companies could face the following penalties:

  • 100% of FICA taxes for the share of the employer and the employee
  • 20% of all the wages that have been paid
  • Up to $1,000 per misclassified worker in criminal fines
  • Up to one year in prison

Quite possibly, the biggest penalty that the employer can face when misclassifying an employee as an independent contractor is being on the hook for unpaid employee wages. Your company will owe the misclassified employee a large sum of money, depending on how long he or she was misclassified, in unpaid wages.

Contact an Experienced Business Law Attorney Today

There is no hard line rule in Florida as to how an employer-employee relationship is classified. Because of the lack of a hard line when it comes to classifying a relationship, it is vital that your company uses a business law attorney to help with the classification for every employee hired and independent contractor signed.

Be sure to contact the team from The Benkabbou Law Firm, PLLC in Florida. Call our office at 813-586-3351 to schedule a consultation today.

Categories
Business Law

When Should I Hire A Business Attorney?

This is a great question. Most new entrepreneurs wait until something goes wrong before they decide to hire a business attorney. But to save the most money, you have to do it right the first time. From choosing a business name to using graphic designers to design your logos and websites. The law can either work to protect you or against you.
Choose to invest your money wisely.


The best time to hire a business attorney is right after you finish with your business plan and right before you start implementing it. I know that you are excited about your business and eager to start making money. But it is really important to set your business up on a solid legal foundation.

Categories
Business Law Trademarks

How Can I Protect My Brand?

As baby entrepreneurs it is easy to get confused by all of the information that is out there. It’s even more confusing to try and figure out the legal implications of your brand on google or YouTube or whatever else you may start to look. New entrepreneurs spend so much time focusing on coming up with names, logos, color schemes, and all the creative stuff that identifies their brand.

However, before you get cute with the fun stuff, it’s important to consider their legal implications before you start creating them. Failing to do so can mean you lose all of your marketing money used to create a website, logos, business cards, brochures or any marketing money spent to promote a brand that cannot be protected. It can also mean the inability to protect your brand and losing any Trademark protection that would have been afforded to you. Yikes!!

A properly registered Trademark is how you protect your brand. Trademarks are any names, marks or any device used to identify the brand of the services being provided or the products being sold. Trademarks are not just limited to names and logos. They can also include slogans, colors, smells, sounds, product packaging or any identifying feature of a brand that would help a consumer identify it in commerce.

Every company or brand has at least one Trademark. It is important to properly identify your Trademarks. Often times new entrepreneurs do not know how to correctly identify their Trademarks and limit themselves to names and logos only. It is important to take your business matters seriously by investing in a business and intellectual property attorney. The cost of losing your brand far outweigh the cost of legal fees.

I hope the information has been helpful, of course, it is not everything that you will need to consider as I cannot teach you Trademark Law. I know some of the concepts are difficult to grasp, trust me, even lawyers have a hard time with them. Trademark Law is a very complex area of the law. The best investment that you can make in your business is in the protection of it. If you are not able to secure your competitive edge in your market, then you will not be in business long and your fancy website and logo will mean nothing. So invest wisely and save money by doing things right the first time.

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