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Category Archives: Business Law

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Difference Between a Trade Name and Trademark

By Tobin O’Connor & Ewing |

When you’re starting a small business in Washington D.C., you can feel overwhelmed trying to understand all the filing requirements, let alone intellectual property laws. Some small business owners mix up the terms “trade name” and “trademark,” which can make a huge difference in legal situations. What is a Trade Name? Basically, a trade… Read More »

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Employment Torts Small Business Owners Need to Be Aware of

By Tobin O’Connor & Ewing |

If you run a small business with just a few employees, you may not be aware there is an entire category of workplace claims that can land you, as the business owner, on the receiving end of a lawsuit. These claims are typically referred to as “employment torts.” These claims are often brought forth… Read More »

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Can an Email become a Binding Contract?

By Tobin O’Connor & Ewing |

While most people consider email to be a form of informal communication, there are times where message exchanges can contain proposed agreements and offers. There is a misconception that just because a document isn’t signed, it’s not a binding contract and neither party can be held to the agreement. However, there may be instances… Read More »

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What to know about Adding a DBA to Your Business

By Tobin O’Connor & Ewing |

Some businesses want to do business under a name that differs from their true legal name, and that is where adding a DBA, or trade name, comes into play. What is a Trade Name? A trade name is essentially any name that you use in your business operations that differs from the full legal… Read More »

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Transfer of Copyright Ownership

By Tobin O’Connor & Ewing |

If you’ve wondered whether a copyright can be transferred to someone else, the answer is yes. Copyrights are important, especially to small businesses, as they allow an author to create original works without the concern that it will be stolen by someone else. You can register your copyright to make it easier to protect,… Read More »

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Trademark

Mistakes Small Business Make When Choosing a Trademark

By Tobin O’Connor & Ewing |

When starting your small business, one of the most important elements is establishing your trademark(s). This is a critical element, as your trademark identifies your brand. The United States Patent and Trademark Office (USPTO) defines a trademark as “a word, phrase, symbol and/or design that identifies and distinguishes the source of the goods of… Read More »

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Situations Where You Need a Business Lawyer

By Tobin O’Connor & Ewing |

Some people assume retaining an attorney is only necessary in matters involving car accidents, medical malpractice, or pending criminal charges. However, business lawyers make up a large segment of practicing attorneys, and for good reason. There are a number of instances where retaining a business lawyer is absolutely essential. Our legal team has experience… Read More »

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Vicarious Liability and What it Means as a Small Business Owner

By Tobin O’Connor & Ewing |

As a small business owner, you already have enough on your plate trying to run a successful business, and ensuring you are in compliance with all laws, including employment and labor laws. If your business employs workers, something else you need to be keenly aware of is vicarious liability and the theory of respondeat… Read More »

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Copyright2

Copyrights and Works Made for Hire

By Tobin O’Connor & Ewing |

The general premise of copyright law is that ownership becomes the property of the author who created it from the moment it’s created. However, there is one exception to this which is known as “works made for hire.” This means the employer can be considered a copyright holder, even if the employee is actually… Read More »

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FTC Endorsement Guidelines and Online Influencers

By Tobin O’Connor & Ewing |

With more and more people making their living through digital methods, the world of online-based businesses is continually expanding. A number of these online businesses are founded by people referred to as online influencers. These are people who are YouTube stars, brand ambassadors, bloggers, writers, authors, social media personalities, and more. The Federal Trade… Read More »

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