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What is a Trademark?
It is a sign which identifies the products or services of a business and, may consist of words, slogans, musical compositions, logos, shapes, numerals, colours or any combination of these. It can also include sounds or even smells. In fact a trade mark can be...
Other people’s copyright
Being aware of and protecting your own intellectual property rights is important but so is understanding the rights of other people in regard to their material which you may come into contact with. For example, before engaging a web designer, you should check that ...
Your virtual business
Once you have your website, it is not complete without addressing “the legals”. Do not expect the web designer to do this for you, or even to raise the subject as most don’t, maybe they would see it as straying into the remit of lawyers. But terms and conditions of...
Your Copyright
If your business involves the creation of material which has or may come to have commercial value – for example books, newspaper articles, course materials, sound recordings including CDs, tapes, audio files, films including videos, broadcasts, audio visual files,...
Copyright: Starting off
To make money you’ve got to sell your goods or services through entering into sales contract relationships. You’ve got to set out your stall and attract interest for such a relationship to happen. You will want a design and logo for your business cards &...
Domain Names
One of the first things that many business owners will do when starting a new business is choose a domain name. Typically, an online search will be conducted via the registration agent’s website and if the desired domain is free, it is duly acquired. A Google search...
Infringing another’s trademark
When a new business is started, or when an established company launches a new product or service, it is all too common to overlook the need for comprehensive clearance checks to be carried out on the proposed trademarks. This is...
Why register a trademark?
A trademark registration is an intangible asset that adds value to a business. Failure to register a trade mark could have negative implications on the value of a business in the event of a business sale. It can also cause problems in the event of any merging,...
Forming the contractual relationship
When is the contractual relationship in place? For a contract to be formed an offer must be accepted without qualification. If you make an offer and the customer comes back and says ‘ok but instead of x can I have x plus y’ or any aspect of the offer is varied, that...
Why have a Shareholder Agreement? Part 5
Continuing the series of examples of important provisions in a Shareholder Agreement. 8. Restrictive Covenants Most shareholders in companies would rather that their fellow shareholders did not:- disclose confidential information to third parties set up or carry on a...