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Business Law

Hanna Hasl-Kelchner, The No Nonsense Lawyer, reveals the legal side of business and offers practical advice for avoiding lawsuits and transforming potential legal problems into opportunities that build stronger business relationships, improve your business’ competitive advantage, and save you money.
Latest Posts

Hasl-Kelchner's Top 10 No-Nonsense Reasons for Staying Out of Court
February 04, 2010, 11:45 AM
Litigation costs are a runaway freight train, but here are 10 more reasons why it pays to stay out of court.

Employee chemical sensitivities can rock the workplace.
February 02, 2010, 11:35 AM
Whether a chemical sensitivity becomes a medical condition is a case-by-case determination; but, one that shouldn't be ignored because it can trigger legal obligations under the Americans with Disabilities Act.

Don’t we have enough laws already?
January 28, 2010, 7:50 AM
New laws are society's way of saying "can you hear me now?" ...

What to register when starting an on-line business
January 20, 2010, 10:00 AM
You may want to register more than a domain name when you engage in online commerce.

The difference between law and business ethics – four flavors of the month
January 15, 2010, 5:30 PM
Business ethics is one of those subjects that makes people squirm. When the bad thing happens, there tend to be a lot of "yeah, buts . . . ." ...

A “Secret” Market Research Tool
January 06, 2010, 9:10 PM
Trademark searches are an often overlooked source of market intelligence that in the right hands can tell you what your competitors are thinking about.

Take the high road in 2010
December 31, 2009, 2:45 PM
The three most important legal literacy lessons of the past decade and how you can profit from them.

The Case of the Crispy Christmas Trees
December 22, 2009, 6:50 AM
It pays to anticipate where things might go wrong and address your assumptions in a written contract.

Manage litigation fear without losing the holiday cheer
December 17, 2009, 10:10 PM
How to keep your holiday business party from turning into a litigation lightning rod.

Testing the limits of contract disclaimers
December 10, 2009, 10:05 PM
The release contestant must sign to be on the TV reality show The Biggest Loser offers a lesson in lop-sided contract terms.



Latest Comments in Business Law posts

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By: sfbfdg fdgfdgdf on 2/5/10 at 1:23 AM
Hasl-Kelchner's Top 10 No-Nonsense Reasons for Staying Out of Court
As expected, President Bush has signed into law the CAN-SPAM Act of 2003, creating the first federal restrictions on unsolicited commercial e-mail. Later this year, the Federal Trade Commission will set regulations implementing the law and defining commercial electronic mail message.

Based on conversations with key staff from the committees of jurisdiction on Capitol Hill, ASAE believes that e-mails between nonprofit ...

lawyers ...
By: sam on 11/6/09 at 5:39 AM
FTC Seeks CAN-SPAM Act Comments
Our clients often ask us for suggestions in selecting a Trademark for their products or services. Our response is always the same ? it depends...

On one hand, do they want to create a completely coined name (i.e., something no one has ever heard of like eBay or Google) or use an arbitrary mark (i.e., a term we have heard of but that?s use is arbitrary in connection with the goods or services provided such as AMAZON for online retail store services or APPLE for computers).

On the other, do they want a mark that creates instant interest in the product or service because it is suggestive or describes of trait thereof (e.g., ORANGE CRUSH for orange-flavored soft drinks or COPPERTONE for suntan oil).

No matter what they decide a great name should be catchy and memorable, should create interest in the product or service, and most importantly be registerable as a trademark - that is capable of registration on the principal register maintained by the United States Patent and Trademark Office ("USPTO").

A common problem in selecting a trademark that would create instant interest is the temptation to use descriptive or generic terms - marks that directly convey characteristics of the goods (e.g., RED SHOES for shoes that are red).

Unfortunately, descriptive terms are not registerable as trademarks, absent proof of a secondary meaning (i.e., you have been using it for five years or you have spent millions in advertising of the mark).

So what is the best way to select a trademark for your products or services?

Coin or use arbitrary terms if you intend on building the brand from scratch. Note, this will take more effort and resources as consumers will need to be educated via advertising and otherwise as to your product or services provided in connection with that mark.

In the alternative, if you want that instant buzz which comes with suggestive marks, be cautious and avoid generic, descriptive, and non- inherently distinctive marks as they will not be registerable before the USPTO nor protected from infringement by others. Make sure that the terms you use in your trademark do not merely describe an ingredient, quality, characteristic, function, feature, purpose or use of your products or services. Rather, select a trademark that requires some bit of imagination, thought or perception to reach a conclusion as to the nature of your products.

www.TheTrademarkCompany.com ...
By: Matthew Swyers on 10/23/09 at 8:10 PM
Trademark Considerations in Naming your Business or Product
I completely agree with you that Finance ratio analysis is the most complex aspects of Business management. One should monitor the periodic performance increase against the financial plan. In order to know what the financial position of a company is, one must compare the true figures extracted from the financial statements to other figures. I came across a site called www.fintel.us which is providing tools for financial ratio.
...
By: Gonzaleves on 10/14/09 at 3:59 AM
Analyze Financial Ratios
Hanna- Your article is right on target. The workplace conversations about Letterman should turn from snickering to serious.
By: Rebecca Mazin on 10/9/09 at 8:23 AM
The number one Letterman lesson everyone’s missing

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