Table Talk – Creative Counsel bLAWg


We hear it time and time again. Many businesses and creative professionals don’t think they are ready to protect their trademark. They think that holding off on talking to an attorney and registering  for trademarks will save them time and money. When you’ve invested your valuable time and a lot of money into building a brand you should protect that brand.

Imagine this… you have managed to build a successful brand. Everything is going according to plan. You’re making sales and you’re growing a stellar and loyal customer base. Then, you stumble across a competitor with the exact same (or confusingly similar) branding that you’ve been using… or…  you receive a letter from a lawyer or another business owner demanding that you cease use of your trademarks and brand. The Court can order you to change your business name, logo, or slogan… and possibly even pay damages to the other business using the same or similar mark.

Think of the time and money invested on networking, marketing materials, products, and all the time and effort you’ve put into building your customer base.  Would being forced to rebrand your entire business cost your business time, money, and result in confused customers?

When businesses don’t consider trademarks from the start they can end up spending even more time and money down the line.

Still think your business isn’t ready for a trademark?

Here’s our #RoundTableLegal brand strategy. Think about your trademark portfolio from the very beginning. That’s right, the best time to discuss your trademarks is before you even launch your product or service. If you have already launched. Don’t worry. The second best time to protect your brand is Now.

Is it time to get serious about protecting your trademarks?

Want to learn more – Let’s talk.

#Creative Counsel #IPLAWYER #TrademarkLaw #ProtectYourPassion #ProtectYourBrand

#RoundTableLegal Tip: Copyright Matters. #RoundTableLegal cares about your creation and can help you protect it. YOU should decide how and when it is used.

A copyright protects original works of authorship including literary, dramatic, visual, musical, and artistic works, such as poetry, novels, photographs, movies, songs, computer software, websites, blogs, and architecture.

The list of creative works that you can and should protect is vast. Speak with us today about protecting and/or Licensing your creative works. #CreativeCounsel #CopyrightLawyer

#RoundTableLegal Tip: When you register your LLC/Business with the state, you are protecting yourself as an individual, but you are not protecting your brand, which could lead to consequences for your business down the line. We can help.

Remember your Brand Portfolio includes not only the name of your business, but also your logo, your slogan, and other information that consumers identify with your business.

Brand protection is absolutely necessary as you build your business. If you are investing money in marketing, advertising, networking, signage, etc. you want to consider trademarking your business name and other aspects of your brand portfolio. Contact us to discuss how. Through this protection you have exclusive rights to use the name/brand. If not protected you could face a federal lawsuit and be forced to re-brand in the event another business makes a claim of being confusingly similar or has federal rights. 

Contact us to discuss the plan to protect your brand. The time is now. Contact us at #CreativeCounsel #Protectyourbrand #BizLaw #TrademarkLawyer

Photography Contracts

5 Contracts Every Photographer Needs…

Listed below are five of the most important types of many types of contracts every photographer/photography business needs to know about and some of the many considerations for each one: 

  1. Booking Fee Contract.If you require a retainer, or a booking fee, for your services, you should have a contract for it. Having a retainer and a corresponding contract will protect the clients who want to be sure to secure your services and it can ensure you will be paid, even in the event of a cancellation.
  1. General Contract.A good contract for your services will cover all of your bases. How soon after the event will you deliver the photos to your client? When must the client pay you, in full? What if your equipment malfunctions and you lose all of your phots? You will want to nail down all of the details in a contract.
  1. Wedding Photography Agreement.Wedding photography is no easy feat. Having a contract in place can help. How soon in advance will you need to know the schedule? Will the clients be obtaining the proper permits to have your services at the event or will you need to do that? What if the wedding runs over the time allotted? Set out yours and your clients’ expectations beforehand for a smooth day for everyone.
  1. Second Shooter Contract.If you plan to bring on a second shooter for an event or for a set period of time, a contract can do a great deal to protect you and your business. Will the second shooter own the images they take or do you? Is the second shooter going to be an independent contractor or an employee? The contract should cover everything expected from both parties
  2. Print Release/licensing agreement.Having a print release or licensing agreement in place can ensure that you keep the copyright over your work and still allow your client to print the photos they want.

Having the right contracts (these and others) in place will protect, not only your business, but also your relationship with your clients.

Contact us to discuss your Contract review or drafting needs. The time is now. Contact us at #CreativeCounsel 

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