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Category Archives: Small Business Issues

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Minutebooks: How Avoiding Seemingly Mundane Paperwork Can Cost Your Business Dearly

By The Jacobs Law, LLC |

Corporate entities must be sure to keep excellent paper records which are orderly and up-to-date. Failure to properly maintain corporate business records creates unnecessary problems with the IRS, jeopardizes the limitation of liability for corporate officers, and hurts your business’s reputation with potential buyers or lenders. A typical minutebook should include at a minimum:… Read More »

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Trademark words around IP R symbol

How do I use Trademark Symbols?

By The Jacobs Law, LLC |

As many companies are using a trademark, they often use the ® or TM symbol following their logo or company name. As a trademark owner, it is important to know when you should use these symbols, and more importantly, how they should be used. To begin, it is necessary to recognize the symbols that… Read More »

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Light Bulb Globe - Crop-Compressed

How Do I Change My Business Name?

By The Jacobs Law, LLC |

Suppose you decide you would like to change the name of your business or due to the sale of your business assets (including your tradenames, trademarks and brand names) you now need to change your business name. There are right and wrong ways to do so. It is likely you have created consumer brand… Read More »

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trademark application and protection

What to do if Someone is Using Your Mark as a Domain Name

By The Jacobs Law, LLC |

A growing area of Intellectual Property litigation concerns domain name disputes. Domain name disputes arise when an individual or entity engage in cyber squatting. Cyber squatting can occur when these individuals or entities attempt to register the brand names, trade names or trademarks used by other businesses in which the domain registrant has no… Read More »

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business law and litigation

Corporate Shield Only Extends So Far

By The Jacobs Law, LLC |

The notion that a corporate officer cannot hide behind their corporate shield when they have themselves committed a tort, was recently reaffirmed in Karasavas v. Gargano, 87 Mass. App. Ct. 1125, 31 N.E.3d 1191 (2015). In this case, the Court reasoned that “because ‘[a] corporation is a creature of the law,’ which can only… Read More »

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Businesses and Employers should use caution when terminating an employee

Massachusetts Court Kicks Non-Compete Breach Suit to California

By The Jacobs Law, LLC |

The case discussed here is a fact pattern that has come through The Jacobs Law previously. A California employer with multiple offices throughout the United States has an employee who works in California and enters into an employment {contract, agreement} that contains a {non-compete, non-competition} provision. However, California has essentially banned {non-compete, non-competition} restrictions on employees… Read More »

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Vicarious Liability: Can a Business Be Liable for the Tortious Acts of Employees?

By The Jacobs Law, LLC |

Every business relies on employees to use sound judgment and make responsible decisions within the scope of the employment. Effective employees work well under limited supervision, assist customers, help the business move towards its goals, and everyone benefits. What happens when employees act unreasonably, out of the scope of employment, and, as a result, damage… Read More »

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The #LowDown on Hashtag Protection

By The Jacobs Law, LLC |

Hashtags – words or phrases preceded by the ‘#’ symbol have grown into an important promotional tool for businesses on social media platforms like {Instagram, Facebook, Twitter}.  Many businesses create hashtags as part of a marketing campaign that helps drive consumer engagement with the business or product.  But can a hashtag creator claim intellectual… Read More »

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Marijuana in the Office: The Lowdown for Employers

By The Jacobs Law, LLC |

This past November, voters approved a ballot measure legalizing the possession and recreational use of marijuana.  On December 15, the new law went into effect, legalizing recreational use and homegrowing of marijuana plants (up to 12 plants per household).  However, the state legislature and the newly formed Cannabis Control Commission have delayed the implementation… Read More »

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Non-Compete Reform is Not Dead in Massachusetts

By The Jacobs Law, LLC |

Back in 2016, the Massachusetts House and Senate each passed different versions of non-competition reform bills, seeking to make changes to existing laws allowing employers to restrict its employees from gainful employment after termination. Both bills, however, failed, as the legislature was unable to come to an agreement before the legislative session ended.  While… Read More »

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