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14 Mar, 2023
Establishing an LLC in Indiana? Get Professional Legal Assistance.
By Justin Camper 07 Feb, 2023
Hey Business Owner! I see you are still in the fight to make your business dream come a reality! Our goal at our firm is to take care of the legal side so your business dreams can stay alive! Dealing with difficult customers can be a challenging and stressful experience for any business. However, there are several legal strategies you can use to effectively handle these situations and mitigate potential damage to your reputation. Legal Tip 1# Remain calm and professional. It can be easy to become defensive or upset when dealing with a difficult customer, but it's important to maintain a calm and professional demeanor. This will help to deescalate the situation and prevent it from escalating further. I have often seen with my clients when they were correct on legal grounds, but the way they handled the situation caused other legal issues. This is the most important advice, but it sets the groundwork for your lawyer to advocate strongly on your behalf if the issue goes to court. Legal Tip 2# Listen actively and document the process. Allow the customer to express their concerns and frustrations fully. This will show that you are taking their complaints seriously and that you want to understand their perspective. After you listen carefully, you need to document the complaint and how your company responded. You can do this several ways such as email or written policies and procedures for you and your client to sign. This is another layer to setting a good foundation for your business and help you win in court if there happens to be a legal battle. Legal Tip 3# Contact your lawyer for advice. You should have a working relationship with a lawyer who is on your team. Your lawyer should be able to advise you of the legal ramifications regarding your customer issues. Your lawyer can also help draft up any necessary legal documents needed to resolve issues within your client. Lastly, your client can communicate on your behalf when necessary to deal with diffucult customers if your customer is represented by legal counsel as well. If you have a persist issue with a difficult customers, make sure you contact your legal counsel. It's important to remember that even the most difficult customer is an opportunity to demonstrate your company's commitment to customer service and to turn a negative experience into a positive one. Don’t be afraid to apologize and take responsibility. If the customer has a legitimate complaint, apologize for any inconvenience or dissatisfaction they may have experienced. Take responsibility for the situation, and let the customer know that you are committed to finding a resolution. Offer a solution that addresses the customer's concerns and their needs. Lastly, after the situation has been resolved, follow up with the customer to ensure that they are satisfied with the outcome.  If you are in need of legal counsel for your business and would like to go over more strategies on how to deal with difficult customers, please don’t hesitate to contact my office!
By Justin Camper 07 Feb, 2023
Hey Business Owners, Thanks for reading this blog, this blog will give you some insight as to why you need to a hire a lawyer for your business ASAP!! Having a lawyer on your business team can provide a number of benefits. Here are a few reasons why your business should consider hiring a lawyer: Reason 1# Legal compliance A lawyer can help ensure that your business is in compliance with all relevant laws and regulations. This can protect your company from potential lawsuits and fines. One thing, I often hear from my clients is that they want to do business the right way. What they mean is that they want to make sure they are doing everything in compliance with the law so they can grow their businesses successfully without dealing with the complications of the legal system. You can even use the law to your advantage to help you grow your business with an experienced business lawyer on your team. Reason 2# Contract drafting and review Lawyers can review and draft important business contracts, such as employment agreements, vendor agreements, and lease agreements, to make sure that your business is protected. Every single business relationship needs a contract. In every relationship whether it’s business or not, it’s important to define the relationship and make sure everyone understands the rules and boundaries of the relationship. A contract sets everyone on a clear path by making them aware of their obligations and what happens if one person doesn’t fulfuill those obligations. Don’t sign a contract unless you fully understand the terms and conditions of the agreement. This is why it’s important to contact a lawyer to help you draft and review contracts that apply to your business. Reason 3# Risk management Lawyers can help identify and mitigate potential legal risks for your business. This can include advising on issues such as intellectual property, data privacy, and employee relations. If you had a cup with several holes in it, would you still pour liquids in that cup? I would think not, but we often keep putting money into our businesses with several risk or “holes” in it that keeps money out of the business. Make sure you contact an attorney to help you identify any “holes” so your business can grow properly. Reason 4# Legal representation in litigation In the event that your business is faced with a lawsuit, it is important to have a lawyer on your side to provide representation and guidance. I cannot express this reason enough! You will be surprise what people will sue your business over. I have represented clients in small claims cases as well as higher court cases. Either way, the client wished they would have had an attorney already working with their business so they could have been prepared in case they needed to sue someone or when someone sues them. Reason 5# Negotiation and Mediation A lawyer can assist in negotiations with other parties and can act as a mediator in disputes to find a solution that is in the best interests of your business. As a business lawyer, it is not always our job to defend you in lawsuit, but to try to create win-win situations for our clients. We understand the expense of litigation and burden to try to convince a judge or jury of your side of the facts. A good business lawyer could help you mediate and negotiate tough situations where your business comes out on the winning side. Overall, hiring a lawyer can provide valuable legal expertise and protection for your business. It's important to have legal representation on your side to help navigate the complex legal landscape and to ensure that your business is able to operate and grow successfully. If you are a business owner in need of a business lawyer, do not hesitate to contact my office, we are ready to help you protect and grow your business!
By Justin Camper 31 Jan, 2023
Hey Small Business Owner! As you getting settled into the new year, I am sure there is one thing on your mind, how can I make more money in business? Did you know that registering your trademark can bring you actual cash into your business. Let’s dig in! Trademarks can be a valuable asset for a business because they help to protect the brand and reputation of the business. By registering a trademark, a business can prevent others from using a similar name or logo, which can help to protect the business's customer base and revenue streams. Here are a three ways that trademarks can bring money to a business: Number 1) Licensing. A business with a strong trademark can potentially license the use of its trademark to other businesses or enter into partnerships that bring in additional revenue. Licensing intellectual property: A business can license its intellectual property, such as patented technology, trademarks, copyrights, or other proprietary knowledge, to other companies in exchange for a fee. This can be an effective way to monetize intellectual property that is not being used directly by the business. For example, Walt Disney was the world’s number one license reporting an estimated $56.2 billion, marking a $2.2 billion in growth year-on-year. Walt Disney’s brand is so strong that they can give other companies the opportunity to sell their products and still make money. How strong is your brand going to be? You need to set the foundation now for protecting your intellcuall property so you can toppled Walt Disney one day as the world’s leading licensor. Number 2) Partnerships. Having a strong trademark can open up doors opportunity for partnerships. A business can enter into partnerships with other businesses to jointly develop and sell products or services. This can be an effective way to tap into new markets, access additional resources, and share the costs and risks of product development. For example, Apple collaborated with MasterCard to gain credibility in the merchant services for its feature, “Apple Pay.” Since Apple has their intellectual property protected it gets the benefit of partnering with major brands like MasterCard to booster up sales within the company along with increase brand recognition and customer loyalty. Number 3) Franchising. Trademark and Franchising goes hand and hand. You can’t effectively do a franchise without having your business intellectual property trademarked. Your business can also make money by selling franchise opportunities to other businesses. A franchisee pays a fee to the franchisor in exchange for the right to use the franchisor's brand, business model, and support services to operate a business. McDonalds is the second largest employer in the world next only to Wal-Mart, with 1.9 million employees. Why? Because McDonalds is one of the world’s largest franchise company now serves 68 million customers across the world every day. It started with two brothers, in 1950 by Dick and Mac McDonald who were simply small business owners with a great concept. If you know the story of how Ray Croc help expand the McDonald’s to be a franchise, you would know that once the company was sold to him, Ray Croc wanted the McDonald’s name more than anything else! This shows you the value in having the right business name for your business. This is why trademarking your business name can bring so much money into your business. Overall, a trademark can be a valuable asset and revenue stream for your business as it helps to protect the brand and reputation of the business, which can lead to increased customer trust and loyalty, opportunities for licensing, partnerships, and franchising. If you are an small business owner located in the U.S., do not hesitate to call Justin Camper Law, LLC, I would love to chat with you for free to help you get your trademark registered so you can have another revenue stream for your business! At Justin Camper Law, LLC, we help small business owners on the legal side so they can keep their business dreams alive! As always, Stay Legal!
By Justin Camper 31 Jan, 2023
Hey Business Owner, Happy New Year! Congratulations to you for taking the courageous step of starting and running a business! You could have easily spent your time doing something a lot less productive and purposeful, but you choose to contribute something of value to the world! So Congrats!!! As we approach the start of 2023, it is important for your business to ensure you are taking the necessary steps to protect yourself legally. Here are some key actions every business owner should take to avoid lawsuits in 2023: NUMBER 1# Review and update your business contracts. As I love to say, “Every Single Business Relationship Needs a Contract.” As I like to say in another way, “PUT IT IN WRITING.” Everyone you do business make sure you have a written contract with them. This includes contracts with employees, vendors, business partners, and customers. Make sure these contracts are in line with current laws and regulations of 2023 and reflect any changes in your business operations. You may already have a contract, but as I tell my clients, it is important to update it so you are given yourself the most protection. The contracts for your business should be a living document. This means that you are constantly updating your contracts every year to make sure it is factoring any issues you may have had last year. Remember when you worked so hard on that deal, so make sure you put every part of the deal in writing, so you can save yourself a lawsuit in the future! NUMBER 2# Protect your intellectual property. One of the sayings I heard growing up is, “a mind is a terrible thing to waste.” The book, “Think and Grow Rich” has sold over 120 million copies. It is one of the most popular books ever when it comes to business and money. Why? It is because it shows you the power of your mind. Your mind is truly a wealth machine. Good thing for you the law actually gives you an avenue for protecting your valuable ideas. As you were doing business in 2023, there may have developed any proprietary products, processes, or changed your business name and branding. If this is the case, it is important to secure the appropriate patents, trademarks, or copyrights to protect your intellectual property. Otherwise, you put yourself at risk of being sued or you having to sue someone else because they are stealing your unprotected intellectual property. NUMBER 3# Lastly, but certainly not least, have a plan in place for potential legal issues. I could have wrote you a 90 page book on how to avoid a lawsuit, but still there is no 100% guarantee way to protect your business from lawsuits. It is reported that the U.S. has the most powerful military in the world spending over 800 million a year. The reason for this is not because the U.S. wants to go to war, but the U.S. wants to be the most prepared country if they have to go to war. Further, just like anything in life, you want to give yourself the best chances to succeed. No business is immune to legal issues, so it is important to have a plan in place to handle any potential legal issues that may arise. You plan must include having money set aside for a potential lawsuit and insurance for your business. Finally, your plan must include having a legal team in place or having a relationship with a trusted legal professional who can provide guidance when needed. By taking these steps, your business can protect themselves legally and reduce the risk of costly litigation in the future. If you are an Indiana business, do not hesitate to call Justin Camper Law, LLC, I would love to chat with you for free to help your business reduce the risk of a lawsuit! We take care of the legal side so you can keep your business dreams alive! Always remember, Stay Legal!
05 Jan, 2023
What to Expect When Selling Your Business
By Justin Camper 04 Jan, 2023
Hey Small Business Owner, Oftentimes, my business clients are embarrassed by some of the legal mistakes they made when running their small business. After reading this blog, you may be embarrassed by some of the mistakes that you have made when running a business. However, my goal in creating this blog is to give you hope that those mistakes can be avoided and lessons for your future business ideas. So let’s talk about it! Here are five common legal mistakes to avoid when running a business: NUMBER 1# Not properly forming or registering your business: It's important to properly set up your business as a legal entity, such as a sole proprietorship, partnership, corporation, or limited liability company (LLC). This helps to protect your personal assets in case your business is sued. When you create a entity under the law, you have officially created a new person under the law and you didn’t have to get anyone pregnant! The laws sees you and your business as two different people, so if you are operating under your LLC and someone sues you based on a transaction, they can’t sue you as a individual, they would have to sue the XYZ, LLC! NUMBER 2# “Every Legal Relationship Needs a Contract.” Not having a written contract: A written contract can help to avoid misunderstandings and disputes with customers, vendors, and other business partners. Make sure to include important details such as the scope of work, payment terms, and any warranties or guarantees. I have seen it where business owners are negotiating over $10,000 in a particular transaction, but there is no written agreement. Yikes! Make sure you have a written agreement for every business transaction within your business or you set yourself up for failure! NUMBER 3# Not protecting your intellectual property: If you have developed a unique product, process, or brand, it's important to take steps to protect your intellectual property. This can include obtaining trademarks, copyrights, and patents as appropriate. You can actually protect your cool, unique, and creative business ideas as long as you write them down and get it registered! This is why its’ highly important to talk with an intellectual property lawyer to help you protect all of the ideas associated with your business. NUMBER 4# Not complying with employment laws: As an employer, it's important to comply with federal and state employment laws, including those related to hiring, firing, wages, and benefits. Failure to do so can result in costly legal challenges and damage to your reputation. Oftentimes, this is why many small business owners hire people as an independent contractor vs an employer. This is why it is so important to have certain language in your jurisdiction within your contract to protect yourself from liability as an employer. NUMBER 5 #Not keeping accurate financial records: Accurate financial records are important for tax purposes and can also help you make informed business decisions. Make sure to keep detailed records of your income, expenses, and other financial transactions. I am not a number’s person and math was my hardest subject in school. So, that’s why I hire people to help me organize and analyze my financial records. I know it may seem like a daunting task in the beginning, but if you start today organizing your financial records, it can help your business grow in a massive way! It's also a good idea to seek legal advice from an attorney who is familiar with the laws and regulations that apply to your business. This can help you avoid legal mistakes and ensure that your business is in compliance with all relevant laws. By avoiding these common legal mistakes, you can help to protect your business and minimize legal challenges down the road. If you are an Indiana business, do not hesitate to call Justin Camper Law, LLC, I would love to chat with you for free to help your business avoid the mistakes listed in this blog! We take care of the legal side so you can keep your business dreams alive! Stay Legal!
By Justin Camper 29 Dec, 2022
Hello Future Business Owner! I still remember the day that my LLC was approved. I called my brother who was business partner at the time and said to him, hey business partner! I know it was corny, but it meant a lot to me that day to know I officially had paperwork with my name on it as a business. Your experience may be similar or it may be completely different but there are at least 5 things you need to do BEFORE you start your business. I’ve worked with hundreds of startup businesses and I’m hoping with my own entrepreneurial journey, legal experience, and experiences of my clients I can give you some advice that will save you a ton of money and headaches! Even though starting a business can be an exciting and rewarding experience, it also requires careful planning and attention to legal considerations. Here are three things you should do before you start your business: #1 Create a written agreement with partners or investors. This is the single most important advice you need to know. BEFORE, you start your business make sure there is a clear agreement in place between you and your business partner. 70% of the lawsuits for my business clients deal with business relations with their current business partner. If you are starting a business with partners or investors, it's important to have a written agreement in place outlining the terms of the partnership or investment. This can help prevent a TON of misunderstandings or disputes in the future. This applies for family member and spouses as well! Oftentimes we think that because someone is my spouse or family member, we don’t need an agreement, WRONG. This could not be farther from the truth! An agreement is not a bad thing, it lays out everyone’s obligations and what happens if they don’t fulfill those obligations. This advice can help save marriages and keep the family table strong during Thanksgiving. #2 Create a solid business plan A business plan is a written document that outlines your business goals, strategies, and financial projections. It helps you to think through all aspects of your business and to create a roadmap for success. A well-written business plan can also be useful for attracting investors and securing loans. If you don’t know where you are going, you will likely go somewhere you don’t want to go. If you don’t want to fail in your new business idea, at least create a one page plan to outline how you plan on reaching your business goals. You will not be able to accurately plan out every single detail, but writing down a broad idea of how you plan on accomplishing your goals can help you win big in business. If you need help with creating a business plan, there are a lot of free nonprofits that will help you. For example, check out your local SCORE. SCORE is a nonprofit devoted to giving free business counseling to the community. Look up SCORE.org, find your local chapter, and get plugged in before you officially begin your business. #3 Create a powerful TEAM! You cannot build a sustainable business by yourself! First and foremost, building a team allows you to leverage the skills and expertise of others to help grow and develop your business. No one person can know everything, and having a diverse team with different areas of expertise can be invaluable as you navigate the challenges of starting and running a business. When I started my law firm, I tried to do everything, but it didn’t take long for me to realize there was no way I was going to grow until I figure out how to leverage others to help me achieve my business goal. Every future small business owner, does not want to spend a ton of money hiring the wrong people. However, look around your community for people you can leverage, there are many interns or young people who are looking for an opportunity to gain experience. There are others who may love your business vision and want to be a part of the ride once it grows. This is why it is so important to do have business plan and written agreement with your partners, because it sets the foundation for everything else. By taking these steps before you start your business, you can help to ensure that your business is in the best position for success. However, no matter what type of business you have, it is ALWAYS a good idea to consult with an attorney to get advice on specific legal and financial matters related to your business. It is an attorney job to make sure you are legally compliant and well-positioned for success. If you are looking to start a business in Indiana, look no further, Justin Camper Law, LLC specialized in helping business with the legal side so they can make their business dreams stay alive! Just give our office a call at  219-281-6166  to take your business idea to the next level!
By Justin Camper 16 Dec, 2021
We are going to talk about the five things you need to know about trademarks, by answering five questions most people ask me about trademarks. . . What is a Trademark? What are some myths about trademarks? What exactly does a trademark protect? What is the trademark process like? What to do if someone uses your trademark? So let’s dive right in. . . 1. What is a Trademark? The USPTO defines a trademark as this. A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Some examples include brand names, slogans, and logos. The term "trademark" is often used in a general sense to refer to both trademarks and service marks. Many people get trademarks confused with patents and copyrights, so let’s talk about that briefly as well. A patent is a limited duration property right relating to an invention, granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention. Patentable materials include machines, manufactured articles, industrial processes, and chemical compositions. The duration of patent protection depends on the type of patent granted: Design Patents - 15 years from issuance for applications filed on or after May 13, 2015 (14 years from issuance if filed before May 13, 2015) Utility patents and plant patents - 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed. A copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. The duration of copyright protection depends on several factors. For works created by an individual, protection lasts for the life of the author, plus 70 years. For works created anonymously, pseudonymously, and for hire, protection lasts 95 years from the date of publication or 120 years from the date of creation, whichever is shorter. 2. What are Myths about trademarks? Debunked LLC is not a trademark, neither a domain name, tradename or DBA Don’t need an LLC to have a trademark LegalZoom and Rocketlawyer with the sheer volume of cases, it’s hard to get the same quality of service. LegalZoom doesn’t think about what class something really belongs too. Trademarks are owned in entirety, only in connection with the categories of goods/services in which you apply. Anything more than words, it is a design mark, if the mark just works, then it is a word mark. USPTO examines every application for compliance with federal law and rules. The most common reason to refuse registration is a “likelihood of confusion” between the mark of the applicant and a mark already registered or in a prior-filed pending application owned by another party. The USPTO determines that a likelihood of confusion exists when both (1) the marks are similar, and (2) the goods and/or services of the parties are related such that consumers would mistakenly believe they come from the same source. 3. What exactly does a trademark protect? Ensure you're not infringing on someone else's brand before you start, it can result in costly lawsuits. Enforce your brand against other infringers, you have certain legal duties as a brand owner. Protection comes from local, state, and U.S. Local Protection Trademark rights are granted the moment you use a mark for commercial purposes. These are referred to as common law trademark rights. Once you begin using the mark, it is yours without the requirement for official registration. However, there are extra protections you gain from official registration. Once you begin using a trademark “in commerce” even if it’s not registered, it gains local protection – meaning only in the area in which you’re selling or offering the product or service. So if another business tries to offer a similar commodity with a similar name in the same area, you have a strong legal case to get them to stop. In most cases that protection doesn’t extend to other geographic regions, though, so if a competitor elsewhere has a similar name, you may find it difficult to have a legal case to stop their usage of the trademark. State Protection Specifically, registering with the state gives you a filing date that is official and will carry weight in court should you have to defend your trademark. This can be important not only in stopping others from using your mark but in defending yourself against accusations that you have infringed on someone else's work. U.S. Protection You gain a great deal of leverage by filing your trademark with the USPTO. Registration automatically gives you national protection, a stronger case, and the presumption of national ownership should another party, regardless of location, attempt to claim infringement against you. In addition, registration serves as a notification that someone owns and uses the trademark. It becomes a matter of public record, searchable by others. Also, some states have laws in place that work alongside federal trademark laws to help you avoid unfair competition and setting liability standards because of a greater available body of case law. Where gaps in enforcement exist, state common laws can help to fill the holes. Moreover, they can afford remedies beyond those specified in the Federal Lanham Act. Advantages to Federal Trademark Protection Federal trademarks supersede state ones at almost every level. Besides having priority if the federal registration was filed first, the following benefits apply to possessing a federal as opposed to a state mark: Federal registrations give you a basis to file in other countries, including the Madrid Protocol. Federal trademarks can allow you to stop imports that are unauthorized and use your mark. Federal trademarks give you ownership across all 50 states, plus all U.S. territories. Federal trademarks allow you to use the ® symbol. You can file infringement suits in federal courts Your mark will be listed in the U.S. Patent and Trademark Office (USPTO) database. You can file before you begin using the trademark. You may be eligible for much greater awards in cases of infringement of federal marks, including attorney's fees, court costs, incontestability, and enhanced damages in cases of malicious, fraudulent, or willful infringement. Those who aren't U.S. nationals can count on Section 44 of the trademark statute to file a federal application based on ownership of a foreign trademark in their home country and an intent to use in the U.S. No use of the mark needs to exist within the U.S. at the time of filing, though eventually, the mark must be used to avoid cancellation. Once you have protection, how do you let people know your mark is protected? Designations Basic protection without registration ™ sm Registered mark ® International classes Goods Services Benefits of a Federal Trademark Registration There are two types of registration: supplemental and principal register Supplemental Register Use the ® symbol Can file a trademark infringement lawsuit to go after monetary damages, infringer’s profits, damages, costs, treble damages, and attorney fees Bars other confusingly similar marks May serve as a basis for international app (80 countries participate, but country still have to approve. If you use it for five years, it can be approved to be a principal registrar Principal Register All the benefits from above Presumption that the mark is valid Registrar is the owner Exclusive right to use the mark Proof that mark has acquired a secondary meaning Use as constructive notice, so no defense of good faith adoption Nationwide priority After 5 years, incontestable. 4. What is the Trademark Process like? For State Registration A person who uses a trademark or service mark in this state may apply with the Secretary of State to register a mark. The Secretary of State's office maintains a searchable database of trademarks and service marks registered in this state. The Secretary of State's office does not resolve conflicts over ownership of registered trademarks and service marks. It is the applicant's responsibility to determine if a mark is already in use in other states or has been filed with the United States Patent and Trademark Office (USPTO). Failure to do so may result in a civil action being filed against you. The acceptance of a trademark filing by the Indiana Secretary of State does not establish rights to the mark. Steps to Trademark Process for Federal Registration Consultation Intake Form/ Engagement Letter Go look up classification in the ID Manual Clearance search report Attorney Analysis and Assessment Filing the Application Responding to Office Actions (if any) Publication Certificate of Registration Protection and Maintenance of the Mark What can you do to protect your mark? Duty to Police Your Mark Failure to police= lose rights Police against: infringement, attempts to register similar marks, and genorcide (ex. Aspirin, Cleanix) Trademark Monitoring Monitoring notifies trademarks owners of third party filings Services you can buy to do it Registration HELPS! Ebay verified rights owners (VeRo) Amazon Brand Registry Alibaba IP Protection Platform Google Yourself Cease and Desist Letter Investigate carefully-- make sure client has superior rights Set the right tone -- likely intentional or accidental Use facts, not hyperbole Be ready to enforce if necessary -- DJ Action Opposition and Cancellation Action When conflicting mark makes it past the U.S. Trademark Examiner, others that are likely to be harmed by registration can Oppose the Mark (must file within 30 days of publication) Cancellation Actions -- can be filed to cancel registration of a mark, only on the grounds of : mark being generic, functional, abandoned, fraudulently obtained, likely to cause confusion with a prior mark or registration, or (if filed within 5 years) descriptive, but lacking in acquired distinctiveness such that the mark is not primarily an indicator of source. Federal Court Complaint Elements of Claim Plaintiff’s ownership of a valid and enforceable Def use of a confusingly similar mark in connection with the same or related goods or services Use of mark in interstate commerce May also plead state statutes. Likelihood of Confusion Factors Strength of Plaintiff’s Mark Similarity of Marks in appearance, sound, connotation, and commercial impression. Evidence of actual consumer source or sponsorship Extent of any overlap of the marketing channels for plaintiff’s and defendant’s relevant product and services. Similarity and relatedness of goods and services Consumer care and sophistication Alleged infringer’s intent Likelihood that the trademark owner should expand into sales of the type of product defendant sells. Dilution Claims Only famous marks throughout the US Elements Ownership of mark is valid (plaintiff) Defendant’s use is similar likely to impair or harm reputation No need for competitive or similar goods or services. Conclusion If you are a business owner, you could use some legal help on trademarks, do not hesitate to contact my law office at justincamperlaw.com! I hope you enjoyed this blog! Check out my podcast, if you haven't already! In the next podcast episodes to follow, I will be interviewing some of my clients who are successful small business owners, nonprofit owners, and podcast hosts. Also, I will also be giving more teaching lessons on legal topics for business owners, legal tips for running a podcast, things you need for online protection, and so much more. Feel free to reach out to me if you have any ideas or if you want to be a special guest on the Small Business Saturday Podcast!! Talk to you soon!
By Justin Camper 11 Dec, 2021
How to know if you should start a business? At the time of this writing, I am writing this blog in the year of 2020. 2020 has been a rollercoaster of a year. We are in the midst of dealing with a global pandemic, economic crisis, racial tension between law enforcement, and tragic deaths from superstars like Kobe Bryant and Black Panther’s Chadwick Boseman. I heard someone say that 2020 is the worst year to start a business. You would have to be crazy to start a business in this type of climate. I asked them why? He said because 2020 is the year of unpredictability. Particularly with the pandemic you don’t know how things are going to turn out for the economy, the best thing to do is get a secure job. However, if said companies like Uber, AirBnB, Square, Groupon, and many more would have followed this logic back in the 2008 recession they will not be successful businesses in 2020. I have identified at least 8 Tips to Starting Your Business and taking it to the next level. You need to know the 5 P’s and the 3 M’s to starting your business the right way. The 5 P’s are as follows: 1. Purpose 2. Proposal 3. Profitability 4. Position 5. Perseverance Let me explain the 5 P’s in greater detail. 1. Purpose Purpose is the reason for your existence. It is what many like to call “Your Why.” My purpose is to empower people to succeed. I cannot do a business that doesn’t align with my purpose and neither can you. I was able to identify my purpose back in undergrad, when I joined a group called Echo PC. Every Saturday we gather together to make sandwiches and pack lunches to serve the homeless in downtown Chicago. After several trips of serving the homeless, I felt as if we were only putting a bandaid on a major problem. These homeless people depended on us to give them food and they needed us every single Saturday. I wanted to know more for them so that they did not have to depend on us. I realized back then what was my purpose: empowering people to succeed. I did not just want to give people a handout but empowering them by giving them a hand up. After identifying what was my purpose on this earth, I was able to use that to guide major decisions in my life. When my friends found out I started working at a law firm, they would send cases my way. The type of cases they would send me was around business law. I kept getting cases from business owners who needed help reviewing a contract, setting up their LLC, or getting their nonprofit legal work set up. All of sudden, I felt like I was truly operating in purpose by helping business owners continue to do business and serve their community. Then, it hit me that I was fulfilling my calling doing business law by empowering business owners through legal work. Further I was helping the community by helping businesses who produce jobs and great products and services for the community. The first key to starting any business the right way is to identify if this business is alignment with your purpose. 2. Proposal What does a business do? Simply put, business is about solving problems. All businesses start with an idea leading to a solution. If your business idea is a solution to a problem in the marketplace, you are considered valuable and it may be time for you to start a business. Many business owners start their business because they had an idea and a solution, not because they wanted to make a ton of money. For example, when I started my law firm, I wasn’t in it solely to make money. I saw that small business owners needed legal help time and time again, however, there weren’t many attorneys focusing on this target audience in my area. I had so many ideas on how to serve this market and I knew if I implemented it, those ideas will help make small business owners' lives better. Therefore, I started Justin Camper Law, LLC a law firm specialized in helping small business owners protect and grow their business without the worries of unnecessary litigation. If you are thinking about starting a business you need to consider if you have an idea that leads to a solution within the marketplace. 3. Profitability Whatever your business idea is you have to make sure your business idea is profitable. When I say profitable, I mean people who are willing to pay a considerable amount for your product. In order to do business you have to make money, this means that if people aren’t willing to pay enough for you to make a profit on the product or service you are selling you, then your idea is not profitable. If you have an idea that doesn’t make profitability and you are actually losing money and you have a great hobby and not a business. Thus, if you are considering starting a business make sure your idea is profitable. 4. Position Position is so important in considering whether you should start your business. You have to know what position you play in building your business. Every entrepreneur is not a great marketer, sales person, or good at customer service. However, you have to know what position you are supposed to play in your business and hire those around you to make your business successful. When starting a business you have to identify what you are good at and what aspects of the business you would love doing over and over again. The mistake many business owners make is trying to do every role in the business, such as a lawyer, accountant, insurance agent, etc. You need to surround yourself with the right team to win in business. Once you understand your position and have access to the right team, you may be ready to start a business. 5. Perseverance WARNING: when you start your business you will have MANY obstacles on your road to greatness. You will fail, you will make mistakes, there will be slow business days or months, however, you must have the perseverance! Perseverance is the drive to keep pushing through those obstacles to succeed in business. I like to say, whenever there is a problem, there is a solution around the corner. When starting a business you must have the right mindset. It is easy to watch movies or youtube videos about famous business owners who started off small and became extremely successful. However, in everyone's story there are times when it gets tough to keep pursuing your business dream. During those tough times, you need to exercise perseverance. If you have a strong mindset and perseverance, then you are ready to start a business. However, even if you possess these five traits, you still need to know the 3 M’s to accelerate your business. The three M’s for starting your business is: Money, Mentorship, and Mastery. Money Here is the truth, you need money to start your business. It doesn’t have to be your money, but money will be required to help you start your business the right way. You need money to pay for your legal documents or hiring an attorney. You need money for marketing, branding, insurance, and other items to serve your products and/or services. The next question becomes how much money do you need. How much money you need really depends on the industry, however, if you develop the four T’s it can help you spend less money. The four T’s are your talent, time, tenacity, and team. I will go into detail about this in another blog, however, if you possess these qualities, the less you will have to spend on your business. The truth still remains if you want to accelerate your business, you need money. Mentorship “A smart person learns from his mistakes. A wise person learns from the mistakes of others.” - Unknown. There is always someone out there who has probably already done what you are looking to do in business. Wouldn’t they be the best person to learn from? There are multiple ways to learn from success in your particular industry. It may be through courses, mentorship programs, or working a job. Thus, the way you get mentorship does not matter, but mentorship can help you accelerate your business. Mastery Mastery is often forgotten when people are trying to figure out if they should start a business. There is no way around it, the reason why people choose your business is because they are assuming that you provide them the best value for the best price. The only way to provide them with the best value is become a master at whatever product or service you are selling or be a master in running the perfect system to produce the best product or service. Otherwise, the market will find someone else who did master it and they will choose them over you. In conclusion, these are the 5 keys to starting your business off the right way. You need the 5 P’s: Purpose, Proposal, Profitability, Position, and Profitability. Also, the three M’s to help you take your business to the next level: Money, Mentorship, and Mastery. If you possess these things, you are ready to start your business. As stated in this blog, starting a successful business is not something you cannot do alone, you need mentorship and a team around you to help you take your business to the next level. Every single business needs an attorney on their team. I want to be on your team. If you are in need of the legal services or want to get personalized legal advice on starting your business, contact my office at 219.281.6166!
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