Website Protection

Domain name vs TrademarksDomain name vs Trademarks

 

 

Owning your domain name, only means you can build a website for your business, but as far as trademark is concerned, the name is still available for anyone to go and file it as that filing is done before the Trademark Office of interest and grants exclusive rights for 10 years (this is in most countries. However, there are countries that provide less or more years).

 

By filing your trademark, you have rights to protect your business as a whole, that means nobody else can use that name to confuse your clients, and if they do, you have the legal tools to pursue them and win, something that just owing a domain name will not give you.

 

Do you have any questions? Send me an email to maria@mjaintellectualproperty.com

 

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When do you need a disclaimer?When do you need a disclaimer?

 

 

Your website needs a disclaimer when you have a blog on a specific topic, such as legal (our blog for example), if you are a coach, consultant, etc. You need to let people know that despite your activity, the posts are not advice of any kind.

 

We cannot know the person’s actual situation, so it is impossible to provide advice just on a post, but it is wise to inform that to avoid any possible lawsuit. In spite of our background, there could be a tiny mistake in the information provided and we are just saving ourselves a headache. Same happens if you offer a product, you may also disclose the fact that you are not to be held liable for any inconvenient with it.

 

You will need “additional” disclaimers if you provide affiliate links/products/services. If due to a collaboration with another party you are getting any kind of compensation, whether it is money or a benefit from them, people need to know.

 

Do you have any questions? Send me an email to maria@mjaintellectualproperty.com

 

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How do I know if the California Consumer Privacy Act (CCPA) applies to my business?How do I know if the California Consumer Privacy Act (CCPA) applies to my business?

 

 

Unless you are a California resident, this will not apply to you but you will need the information on your website. If you happen to be one, you have some additional rights:

 

– You may ask businesses to disclose what personal information they have about you.

 

– You may ask what they do with that information.

 

– To delete your personal information and not to sell your personal information.

 

– To be notified, before or at the point businesses collect your personal information, of the types of personal information they are collecting and what they may do with that information.

 

Please be aware that this ONLY applies to businesses that:

 

– Have a gross annual revenue of over USD 25.000.000 (yes, millions).

 

– Buy, receive, or sell the personal information of 50,000 or more California residents, households, or devices.

 

– Derive 50% or more of their annual revenue from selling California residents’ personal information.

 

Do you have any questions? Send me an email to maria@mjaintellectualproperty.com

 

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3 tips to make your email list legit3 tips to make your email list legit

 

 

Any person having a website wants to collect emails. Here are the 3 main tips to do it legally:

 

– Opt-In: Anyone on your email list must be there because they opted in to join your list. Avoid misleading people. If you promise a freebie so they subscribe, give it. If it is a call, provide it.

 

– Address: All websites must provide a valid address, even if it is a P.O Box. It must be clear throughout your website.

 

– Unsubscribe: You have to provide the possibility to ink to “unsubscribe” from receiving any future emails from you.

 

Do you have any questions? Send me an email to maria@mjaintellectualproperty.com

 

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Can I copy my friend’s legal documents?Can I copy my friend’s legal documents?

 

 

When starting a business, there is a lot to deal with, business type, bank accounts, social media, websites, the list goes on. Why is it that so many people include all that on their budgets but when it comes to the legal part, they think it is ok just to copy from someone else?

 

Day after day we hear the same comment “I don’t see the big deal about having a contract”, “my friend told me I can use hers”, “I just read on a FB group I can find free templates online and adapt them”.

 

That is so wrong in so many ways. You could be facing a lawsuit, not to mention that you don’t know if a lawyer is really behind those documents. We always say you need to make sure your legal documents work for you and not against you. That is why they should be specially drafted for your business. Even if your friend is in the same line of work, there could be differences that make your documents different.

 

Legal documents, whether they are contracts or website protection are how you stand up for your business and how you should make sure your clients will really pay, do you really want to leave that to fate?

 

Do you have any questions? Send me an email to maria@mjaintellectualproperty.com

 

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How do I protect my online products or services?How do I protect my online products or services?

 

 

All entrepreneurs know that when it comes to website protection, they should have the correct legal documents to be protected and avoid a lawsuit. Terms and conditions and privacy policy are a must for all sorts of business. But, did you know that if you are offering online products and services, you need an extra document?

 

It is what we call Acceptance of terms for the Online Purchase. It is a must not only when you sell a product but also when you are offering a service. It is the way you explain your potential clients how you handle business, whether you offer refunds, what payments do you accept, what they should expect from the purchase, etc.

 

Do you have any questions? Send me an email to maria@mjaintellectualproperty.com

 

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2 reasons to hire an attorney2 reasons to hire an attorney

 

 

When starting a business, we all have budgets and we need to take care of a lot of things that are new to us. We need an assistant to delegate so we can do the important stuff, we need a web designer so we can shine in business, maybe a social media expert to have the latest updates in algorithms since they keep changing. Then, why is it that some entrepreneurs just don’t think of hiring an attorney to be sure their businesses will be really protected?

 

Keep reading and you will find the 2 key points to include attorney fees on your budget:

 

1) Attorneys use the actual legal language in a natural and comfortable way: When it comes to contracts or website’s legal protection it is crucial to have an attorney. There are thousands of free or really cheap templates out there claiming to be suitable for your business. Or, you are even tempted to just go into a competitor’s website and just copy paste.

 

Trust me, we have seen it all. From documents claiming to be in Miami when the client’s business was in London, to terms and conditions protecting a make-up business when the person was a coach. Having the wrong document can be worse than not having a legal document at

 

So, just save and have your documents done specially for you and you will be saving money in possible lawsuits.

 

2) You level yourself and your business up: When you have the certainty that you are protected, you just stand differently. You have more confidence and you know there is no way something can go wrong. Even if a client wants to play hard to pay for a bill, it will be covered on the contract. So, you are avoiding having a daily headache.

 

We have clients, who also rather have us handling all their contract deals. So, we are here to take the blame if necessary for just closing the perfect deal for our clients. Just saying “talk to my attorney” or “my attorney will reach to you” levels you up and makes the difference in closing deals.

 

In our firm, we draft personalized contracts and legal documents. We just draft them just for you. No templates or DYI, you are paying us to actually work for you and make your business thrive and you just need to do whatever it is you do best.

 

Do you have any questions? Send me an email to maria@mjaintellectualproperty.com

 

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Can I share my client’s testimonials?Can I share my client’s testimonials?

 

 

We live in an online world. We got to websites and check their reviews. If we like them, we might hire this person or but from that store. But, is it ok to just copy paste people’s names and share their opinions? Keep reading.

 

If you are asking the person to leave a voluntary comment on your socials, it is ok, because it is their name writing and they know that post will remain. Same goes when you post a review and all you do is click.

 

But if the review is somehow personal, meaning they are sending it over the email to, you should be asking them a release to be signed, as that email does not mean that they are really allowing you to use their name, pic, etc.

 

Do you have any questions? Send me an email to maria@mjaintellectualproperty.com

 

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When do I need to have a disclaimer for my social media?When do I need to have a disclaimer for my social media?

 

 

You must consider having a disclaimer (we recommend to have it written and also a few words if there is a video may be polite as well) whenever you are:

 

– Having a sponsored video/post/contest, etc.

 

– Getting free products, discounts or any compensation (money or even something else) in exchange for people’s actions, such as “if you buy X, people will get 10% off and you might get commission as affiliate or free gifts”.

 

– Invitation to an event due to any action you may have taken with the company.

 

– A brand ambassador or actual owner.

 

Do you have any questions? Send me an email to maria@mjaintellectualproperty.com

 

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