There's one thing you must do to have trademark rights, and without it you may have none at all. Chris Clark explains why a business registration or domain name doesn't make your brand yours.

In this episode:

• In the U.S., trademark rights come from use: being the first to use a name with your particular goods or services.
• Registering with the USPTO adds valuable rights on top of that use.
• A Secretary of State business filing or a domain name doesn't mean the name is clear or that you own it as a brand.

The takeaway: Your LLC filing and your URL don't give you trademark rights; use and registration do.

About the host: Chris Clark is the founder of CLARK.LAW, a business and intellectual property law firm in Charlotte, North Carolina.

If you'd like to speak with an attorney about protecting your brand or other intellectual property, learn about our Trademark & Copyright Law services at https://clark.law/trademark-and-copyright-law/ or contact us at https://clark.law/contact/

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This podcast provides general information only and is not legal advice. Listening does not create an attorney-client relationship.

Kicking off the Contract Basics series, Chris Clark covers the three elements that make a contract legally binding, and why even sophisticated agreements sometimes fail without them.

In this episode:

• A binding contract generally needs an offer, an acceptance, and mutual consideration.
• Consideration means both sides receive something of value: a bargained-for benefit.
• A signed, written promise can still be unenforceable if only one side is giving something.

The takeaway: Writing it down and signing it isn't enough; both sides need to be giving and getting something.

About the host: Chris Clark is the founder of CLARK.LAW, a business and intellectual property law firm in Charlotte, North Carolina.

If you'd like to speak with an attorney about a contract, learn about our Contract Law services at https://clark.law/contract-law/ or contact us at https://clark.law/contact/

Follow CLARK.LAW on Facebook, YouTube, Instagram, LinkedIn, and TikTok.

This podcast provides general information only and is not legal advice. Listening does not create an attorney-client relationship.

A sheriff's deputy knocks on the door, or a certified letter shows up with a summons and complaint. Now what? Business litigator Andy Lax walks through the first moves every business owner should make after being served.

In this episode:

• Ignoring a lawsuit is one of the most expensive mistakes you can make; you typically have about 30 days to respond before the other side can seek a default judgment.
• Call your insurance agent first. Your policy may cover the claim, which can mean the insurer provides and pays for your lawyer.
• A "reservation of rights" letter means the insurer isn't sure the claim is covered, but it will usually still provide a lawyer while that gets sorted out.

The takeaway: The first two calls after you're sued: your insurance agent, then a lawyer. The worst response is no response.

About the guest: Andy Lax is an attorney with Forrest Firm. Learn more at forrestfirm.com.

If you'd like to speak with an attorney about a business dispute, learn about our Fractional General Counsel services at https://clark.law/fractional-general-counsel/ or contact us at https://clark.law/contact/

Follow CLARK.LAW on Facebook, YouTube, Instagram, LinkedIn, and TikTok.

This podcast provides general information only and is not legal advice. Listening does not create an attorney-client relationship. Guests' views are their own.