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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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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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service mark and trademarks

Are YOU a “Trademark Bully”?

By The Jacobs Law, LLC |

A trademark serves as a fixed representation of a business’ brand and its goodwill, and conveys a message to consumers of the quality of goods and services offered by the business. However, recently businesses have been taking their exclusive right to use the marks to an extreme. The United States Patent and Trademark Office… 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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business litigation lawyers

Employee or Independent Contractor?: How to Classify Workers In Massachusetts using the Three-Prong Test

By The Jacobs Law, LLC |

Want to know if you have been misclassifying your workers as independent contractors rather than as employees?  Better yet, want to know if you have been misclassified by your employer? Today’s blog will discuss the legal standard in Massachusetts to determine whether a worker is an independent contractor or an employee under the law. Employers… Read More »

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Independent Contractor Statute

Business bLAWg WBIX AM1260 – Classifying Independent Contractors – June 24, 2017

By The Jacobs Law, LLC |

[embedyt] https://www.youtube.com/watch?v=LhM5OPjEOPQ?t=1&width=700&height=393[/embedyt] Listen to the Business bLAWg on WBIX AM1260 with the lawyers from Boston business law and business litigation law firm, The Jacobs Law LLC. On this show, we discuss common issues small business owners deal with when classifying workers as independent contractors. Any business that uses independent contractors in Massachusetts should be… 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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