The Legal Upgrade

Nicole Chamblin has owned her business for almost 20 years, and she has learned a thing or two about resilience along the way. From navigating the aftermath of 9/11, to pivoting her business after the 2008 financial crisis, to overcoming an unthinkable diagnosis, Nicole reveals how she was able to position her business to thrive and even expand during the toughest of times. This episode is packed...

Before Sam Testa was the owner of DC-based art and calligraphy studio Right Place Studios, she was a young girl growing up in Youngstown, Ohio, learning about art from her grandfather. Find out how she went from being a first grade teacher to becoming a successful professional artist and entrepreneur in Washington, D.C. You’ll hear how believing in herself helped her score big clients and how resi...

Have you been in business for years, but have yet to have a conversation with a business lawyer or law firm? Are you mentally waiting for when you “need” legal help to start having these conversations? Too often, I see business owners waiting until something is urgent or broken in their business to start looking around for an attorney they might want to work with. At that point, they are stressed...

Have you ever thought: “maybe my lawyer can just send them a scary letter and that will solve the issue”? Today, I’m breaking down the false promise of the “one and done” cease and desist letter and explaining why this is not a winning legal strategy. Tune in to learn: Why intimidation does not guarantee results The “false wants” that often distract business owners from the real goal in a legal di...

What happens if you use someone else’s content, brand or product in your own advertising? Do you need to get permission, or is this “fair use”? This week’s episode is inspired by an ongoing lawsuit between Atari and State Farm. Atari is suing State Farm over an ad that featured one of Atari’s arcade games and sparked negative comments from Atari fans.  What are the rules for using other companies’...

There has been a lot of press recently about a new federal rule that finally allows McDonalds to fix its own ice cream machines. This “Free the McFlurry” rule may seem random, but it’s at the heart of an issue that affects business owners everywhere. Equipment and machinery is one of the most expensive investments you will make as a business owner. In fact, you may have even taken out loans to be...

Is your real life story better than fiction? Has anyone ever told you that your real life could be a successful movie or TV series?  You don’t have to be famous to have a story worth telling. I’m willing to bet that you had never heard of Anna Sorokin before Netflix made Inventing Anna. I bet you had no idea who Jordan Belfort is, but you still went to go see The Wolf of Wall Street. The list goes...

Did you know you could potentially get reimbursed after a copyright lawsuit? Finances are often one of the key barriers to bringing a lawsuit. Even when a business owner has a legitimate claim and would be justified in suing, they might hesitate to take action for fear of the financial cost. Business owners can end up in a catch-22 where they see their ideas or their products being stolen, but the...

Should you name your business after yourself? Is it a good idea for you and your business to share the same name? As a trademark lawyer, I get this question often. Of course, there are plenty of very successful businesses that share a first name, last name, or both with their original founders. Well-known examples include Ben & Jerry’s, Abercrombie & Fitch and Giorgio Armani. While this ca...

Should your business pay people to leave good reviews? Can you program a bot to watch your content so that it looks like your company has more reach? Should you ask parents, employees and friends to leave Google Reviews? On August 22nd of this year, the Federal Trade Commission (FTC) issued a final rule banning fake reviews, fake testimonials and other fake indicators of customer satisfaction. The...

How do you protect your brand when you have international clients and customers?  Is there such a thing as an “international trademark”? How would you go about protecting your trademark abroad?  It used to be that only large companies had to worry about international trademark protection, but increasingly I am meeting even solopreneuers with international reach and international client rosters. In...

Can you still get a trademark even if you don’t have a cool product name? Let’s say you make an amazing gluten free sourdough, but you don’t have a unique name for it, it’s just your version of a gluten free sourdough. Or maybe you make unique and luxurious spa products, but you simply call them what they are; like “bath salts” or “foot soaks”. What are your trademark options for these types of pr...

At the beginning of August 2024, Tik Tok creator Jools Lebron went viral for her series of “Very Demure” videos. By August 20th, someone else had applied to trademark “Very Demure…Very Mindful…”. This set off a firestorm in the news as everyone wanted to know: Can a trademark be stolen out from under you? At what point can you trademark a catchphrase? Is it too late for her to get her trademark ba...

Just because you paid someone to do a job, does not mean you own the work. Has your startup hired developers to create an app or a software platform? Did your business hire a graphic designer to create a logo or brand visuals? Did your fashion brand hire a designer to create next season’s line? If the person your business is working with is an independent contractor, then your business might not o...

Unless you are independently wealthy, you’ve probably wondered how you can get outside funding for your business. You’ve probably wondered how you can get money for your business that did not come from your bank account and that did not require you having to sell things. In this episode, I cover five options for business funding: gifts, grants, loans, crowdfunding and investors. Not only that, I c...

How do you find a business lawyer who is actually legit? What are some red flags to be aware of when trying to hire a law firm? The good news is that there is a method to the madness! In this episode, I reveal key things to look for (and key things to avoid) when trying to find the perfect law firm for your business.  Announcements: Get The Legal Upgrade™  If you want to finally get legally protec...

If you are paying people to create content for your business, how do you know they haven’t copied it from somewhere else? How do you know that the content you just paid for isn’t going to get you in trouble with copyright laws? As business owners, we have a constant need for content - both client/customer facing content, and materials to use in our own marketing and advertising. This week, I’m bre...

As a business owner, contracts are the most common way that your business interacts with the law. You are constantly signing contracts and asking other people to sign your contracts, but are these agreements actually giving you legal protection? This week, I’m breaking down three things that every business owner should know about business contracts and how they work in the real world. This is a su...

Should you have your contractors sign a non-compete agreement? If you are starting to hire and build a team, you’ve probably wondered what types of Agreements you should have people sign. One popular, but controversial, type of agreement is the non-compete. This week, I’m breaking down what a non-compete is, why people use it, and the pros and cons. This is a super helpful episode for anyone who i...

This week giving you an inside look into something that tends to freak business owners out: cease and desist letters! If you’ve been in business long enough, maybe you have gotten one of these before. Getting a cease and desist is not fun, but it’s one of those things that business owners have to deal with. Don’t let that unexpected piece of paper get the best of you. Today, I’m revealing key stra...

Are you a small business owner who owns more than one LLC? Or perhaps you have a holding company or a parent/subsidiary structure? If so, you may be over-complicating your business life (and your tax returns!). Check out this livestream to learn why keeping things simple has both legal and financial advantages for business owners.  CREDITS This episode was edited and produced by Bevel Law, with mu...

Setting good boundaries with clients is crucial to living a happy life as a business owner. But how can you set good boundaries AND deliver amazing service? If you are struggling with clients who are monopolizing your time, not answering emails, or who keep asking for work that they didn’t actually pay for, you’re going to want to listen to this episode. Learn 5 key principles for maintaining good...

Who owns your great idea? Is it you, or is it your job? Today’s episode is for college professors, engineers, software developers, and anyone else who has overlap between the work they do for their employer, and the work they are doing on their own personal time. If the work you do for an employer, and the work you are doing on your own idea, project, invention, or business look very similar, it i...

Does your business really need a trademark? When is the right time for a business to think about trademarking? If you’ve wondered these questions, today’s episode is for you. Find out how to wrap your mind around trademarking as a business owner, and how to evaluate when is the right time.  CREDITS This episode was edited and produced by Bevel Law, with music by Lemon Music Studio (via Pixabay). Y...

Everyone knows trademarks are important, but what does it actually take to get one? If you have been wondering what exactly it would take for your business to get trademarked, this episode is for you. This is a deep dive of the trademark process from start to finish, with important details like how long it takes and what kinds of strategic decisions are involved.  CREDITS This episode was edited a...