Just as in horror movies when the hero decides to enter the spooky room at end of the hall there are plenty of people advising against “Do it Yourself” (“DIY”) trade marks. In fact, there is a whole industry of lawyers and trade mark agents advising against it. The fun of trade marks is that they stop your competitors copying the unique way you do something. In the case of Coca Cola this is quite understandable. In the case of the New Zealand ice cream seller who by registering a musical trade mark stopped their competitors playing Green Sleeves, it is a service to humanity. Who could not support Harley Davidson wishing to trade mark the Harley Davidson engine rumble? This could keep so many of those ageing imitators off our streets? When someone is considering whether or not to instruct a lawyer to register a trade mark on their behalf, they will probably take note of the government website, which is so invitingly user-friendly (always a dangerous sign). It offers a procedure which is...

Employee Legal Awareness Day takes place every year on 13 February. It encourages employers to warn their employees of predictable legal mistakes so that they can be avoided such as the ten listed in this podcast.  It was established in about 2007 by Paul Brennan and has been taken up internationally.  https://www.qlsproctor.com.au/2023/02/employee-legal-awareness-day-coming-monday/

The worst thing about committing a legal mistake is that everyone seems to find it obvious after the event especially your wife/partner. If business owners started to create new, exciting, unique legal mistakes then it would be a real challenge for us lawyers-fortunately for us they do not.  This means that your lawyer has probably seen the legal mistake before and has a good idea what to do.  Although it may not seem that way to you. Many small business legal services can be divided into “deals” where lawyers prepare documents to anticipate and avoid future problems or “disputes” where things did not get documented at the start and the parties come out swinging.  Usually deals are cheaper than disputes.   Experienced business owners are adept at working out when to document and when to wing it. Mistake no. 1        You unexpectedly die and your business stops dead too. This can be very inconvenient. Avoid this by having a will including a busines...

  Thank you to all the subscribers to my podcast for their encouragement. The podcast is available at this link https://www.buzzsprout.com/666235 

The other day I met a man with four lawyers from separate law firms. In biblical times they had plagues of various things but not even Job was afflicted by four lawyers. Lawyers are serious professionals, not collector’s items. I don’t think even Imelda Marcos had four lawyers.  People nowadays increasingly want specialists. The problem is that without a form book and some inside knowledge you will find it difficult to pick a winner. Also, the solution suggested by the specialist you choose must not only be proportionate to your problem but also to your ability to pay. Your own general practice lawyer will be in a good position to assess this.  So here are three minimal standards you should look for in a lawyer- 1.     Must be a human being. Strangely this is not a Law Society or Bar requirement. How will you know if your lawyer is from the Planet Zog? Well movies like Alien and ET may help. But we do have some lawyers who were formerly accountants and therefore...

 J ust like the motorist asking directions from the Irish farmer, in copyright litigation the answer often is, “I would not start from here if I were you.” Copyright court actions are to be avoided if possible, as nothing is straightforward.  You must prove that you own the copyright which can be a lot harder than it sounds.   It involves getting assignments or licences from contributors.    Although this may appear to give some comfort to anyone being sued for copyright infringement, it also means that copyright lawyers can use up a lot of billable hours in producing detailed evidence for which defendants usually pay if they lose.  Defendants can instruct their own specialist copyright lawyers who may feel compelled to raise academic, technical defences and the costs escalate.  This is why you must try to rely on trade mark law to protect your IP which means that you must do three things: Have a registered trade mark; Make sure it is effective e.g. it...

  In collaboration with the Business Essentials Daily podcast we present   THE 10 GREATEST LEGAL MISTAKES IN BUSINESS. ..and how to avoid them Series  Episode 7 : Protecting your Business Secrets  You may also be interested in  The five types of intellectual property  or one of the  other Episodes in this series  The Business Essentials Daily podcast features interviews with business experts and industry leaders, providing up-to-date, insightful advice on wide-ranging topics, including winning sales strategies, HR issues, mental health and leadership including the Ten Greatest Legal Mistakes in Business Series. If you have a legal issue call a lawyer.   Paul Brennan   can be contacted on 617 5438 8199   SPONSORED BY

  In collaboration with the Business Essentials Daily podcast we present   THE 10 GREATEST LEGAL MISTAKES IN BUSINESS. ..and how to avoid them Series  Episode 6 :   What’s in a name? Trademarks and the law You may also be interested in  The five types of intellectual property  or one of the  other Episodes in this series  The Business Essentials Daily podcast features interviews with business experts and industry leaders, providing up-to-date, insightful advice on wide-ranging topics, including winning sales strategies, HR issues, mental health and leadership including the Ten Greatest Legal Mistakes in Business Series. If you have a legal issue call a lawyer.   Paul Brennan   can be contacted on 617 5438 8199   SPONSORED BY

A threat is quick, involves little effort, does not commit you to any form of action or expense, and generally is quite satisfying, especially if it is taken seriously. By the time the person being threatened realises that you are not going to take any further action, it may seem too late to do anything effective about it, especially if there is some justification, and they have sensibly kept their head down. However, if you threaten to sue someone for infringement of your IPR, you may receive a counter threat of an Unjustified Threats Action, which can be just as satisfying and a useful response to rival businesses pushing their weight around. The person being threatened can go further and demand an undertaking to cease such threats. Failing to provide the requested undertaking can result in an application to the court for an injunction to stop any further threats being issued, or for a declaration that the threats are not justified. This could be accompanied by a claim for damages, d...