Selecting a Strong Trademark: The Four Types of Marks

Elliott Stapleton Trademark

When selecting a trademark, there are two important considerations: (1) avoiding the likelihood of confusion with other marks and (2) selecting a “strong” mark in the legal sense.  A likelihood of confusion will occur when your mark is the same or similar to another mark that identifies related goods or services.  Whether or not a mark is “strong” in the …

Does Your Social Media Policy Violate the Law?

Elliott Stapleton Employment Law

Employers are increasingly using social media policies to regulate what their employees say online in an effort to protect their company’s reputation.  The National Labor Relations Board (NLRB), a federal agency that enforces the provisions of the National Labor Relations Act (NLRA) has found fault with several of these policies.  Many companies have walked the thin line between a policy …

What is a Copyright and What Does it Give Me?

Elliott Stapleton Copyright

Copyright protection finds its roots in Article I, Section 8, Clause 8 of the Constitution, which gives Congress the power “[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”  Through this Constitutional power, Congress passed the Copyright Act of 1976.  This Act …

How Do You Trademark a Name or Logo?

Elliott Stapleton Trademark

How can I protect the name of my company, my logo, or slogan? You probably plan to invest time and resources in the creation of a positive reputation for your business. The value of that reputation is stored within your company’s name, its logo, or slogan. To protect this investment you will need a Trademark. How do I get a …

Convertible Promissory Note (Debt) Financing in Ohio

Elliott Stapleton Corporation

What is a convertible promissory note? A convertible promissory note is typically used in the early investment stage of a startup business.  It is a loan which will, upon a predetermined event, convert from debt into stock. How does a convertible promissory note work? The process is best explained by an example: JT Smith likes your startup company and invests …

Ohio S Corporation Taxation; How does it work?

Elliott Stapleton Corporation

Forming an Ohio S corporation allows the company to pass corporate income, losses, deductions and credits through to the shareholder’s tax return. The company’s shareholders then account for this income and losses on their personal tax returns. Income tax is then paid at the shareholder’s personal tax rate. How is an S corp different from a C Corp? This process …

Ohio LLC Operating Agreement – Top Five Points You Need to Know

Elliott Stapleton Common Questions, Limited Liability Company-LLC

Forming an Ohio LLC with multiple owners is like a marriage. You will be contributing your time, effort, and resources to the partnership. You can protect this contribution and limit the likelihood of a messy “divorce” by creating a reasonable Operating Agreement that protects all of the owners. Here are the top five points that should be included in your …

Can a Trademark be transferred or assigned?

Elliott Stapleton Trademark

Yes, a registered Trademark can be assigned or transferred; subject to some restrictions on Intent-to-Use applications.  Assignments must be recorded with the United States Patent and Trademark office. If a business is sold in full, the Trademark will be transferred along with the company.  If, however, the sale is an asset purchase agreement, an assignment will be necessary.  This type …

Damages for using a person’s picture in an advertisement without permission

Elliott Stapleton Copyright

Using someone’s image, without his or her permission may fall under both the statutory right of publicity and the common law invasion of privacy causes of action. The resulting damages could be up to $10,000.00 per violation or actual damages. For a business owner it is vital to require all models or employees in videos, photography, or any other form …

Form your Startup Business

Elliott Stapleton Our Services

A startup business is concerned with creating a quality company that protects all of its owners. Our firm helps startups form their business correctly and efficiently. We provide the accessibility of completing services online, the advice of a licensed Attorney, and the certainty of fixed prices. To get started with an initial consultation, click here.