John Farmer's Column
Tales of Woe from Companies That Reposted Pictures on Instagram Without Permission
Thursday, July 27th, 2017
Does your business use Instagram to promote itself? If so, beware that posting on Instagram photos taken by others could be copyright infringement. First, some technology: Instagram does not provide a way for users to “repost” pictures posted by others on Instagram. There is a workaround. You can screenshot on your phone a picture from Read the full article…
Website Owners: The Rules for Protecting Yourself from Copyright Infringement Liability Just Changed
Tuesday, July 18th, 2017
In business, your company faces many risks. If you try to manage every risk, you won’t have time or money left to make your product or provide your service. You have to decide which ones to address and how much to pursue them. With that in mind, consider a new legal risk to any business Read the full article…
The Slants Channel The Producers, and Win One for the Redskins
Tuesday, June 20th, 2017
An ethnic-minority rock band just saved the REDSKINS federal trademark registrations from cancellation. Ironic, no? Whenever people hear about the recent Supreme Court case concerning the Asian rock band The Slants, they think about the Washington Redskins, because that case saved the trademark registrations for the REDSKINS name. Not me. I think of the classic Read the full article…
Things You’ll Wish You Had Done When Your Star Employee Defects
Wednesday, May 17th, 2017
When a key employee defects to a competitor company, it’s Judgment Day for how well you have prepared for such a possibility. If you prepared well, you might be able to crush the defection. You might even prevent it from happening. But if you haven’t, there may be little you can do to protect your Read the full article…
Do Your Legal Research Before Your Kid Picks a College
Tuesday, April 18th, 2017
Yes, this is a law-and-business column. But one of the biggest financial expenditures you’ll ever make is paying to send your kid to college. Because it’s the season for high-school seniors to accept college admission offers, and because high-school juniors are forming their college-application lists, take a moment to research whether you will be at Read the full article…
What Can You Do to Preempt the Nutcase Complainer Who Might Trash Your Business Online?
Tuesday, March 21st, 2017
Every small business fears the online review by the nutcase who trashes your business. Because a small business might get only a few reviews, a real stinker could really hurt. Related to this, a new federal law prohibits businesses from using form contracts to prevent consumers from posting reviews about those businesses. While you need Read the full article…
How to Deal with Businesses with Similar Names on Social Media
Wednesday, February 22nd, 2017
Impersonation on social media can be funny, unless you’re the target. Speaking of Target, that company got humorously spoofed on Facebook. In 2015, Target announced all store signage would omit gender references, such as “boy’s clothes” and “girl’s toys.” Many consumers complained on Facebook about political correctness. Having fun with that, someone registered a Facebook Read the full article…
Trademark Lessons Learned in Local Adult Beverage Battle
Tuesday, January 17th, 2017
“Start with deeper pockets and get started sooner on trademarks.” Those are the words of Jerome Snyder, owner of Vahseer Meadworks, describing his recent trademark fight with Dogfish Head Brewery. Vahseer, located in AltaVista (just south of Lynchburg), makes mead, which is an alcoholic drink created by fermenting honey with water and other ingredients. Snyder Read the full article…
Recent Court Decision Creates Trademark Opportunity and Threat to Small Business
Tuesday, December 20th, 2016
It is often challenging and expensive for a small business to federally register a trademark, which is a product, service, or business name. That’s because it’s frequently hard to prove that the trademark is used in interstate commerce, which is required for federal registration. A recent court decision effectively wiped out the interstate commerce requirement. Read the full article…
Do Your Financial Homework Before Going to Law School
Tuesday, November 22nd, 2016
You don’t have to read The Paper Chase to know that the academic demands of law school are immense. But, in light of today’s poor legal job market, the most important studying should be over whether to go to law school. It has never been easier to get into law school, and it never has Read the full article…
