Baker & AssociatesBaker & Associates2024-02-06T19:32:54Zhttps://www.bakerslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1201356/2019/09/cropped-Directory-32x32.jpgOn Behalf of Baker & Associateshttps://www.bakerslaw.com/?p=491162024-01-30T19:34:11Z2024-02-06T19:32:54ZIn that previous blog post, we addressed the particular case involving Jack Daniels’s trademark whiskey bottle design. This case – and the effect parodies have – remains at the center of this complex matter.
Ongoing battle over dilution went to the Supreme Court
This legal battle has gone back and forth over the last few years. Some courts determined that the dog toy shaped like the well-known whiskey bottle is indeed a parody, and therefore the company that created it has First Amendment protections.
However, in 2023 the Supreme Court ruled that it is not quite a parody. The Supreme Court determined that the toy reflects the trademark enough that it violates trademark protections and rules.
The different opinions on this matter illustrate just how complicated it is. So, what must business owners consider?
Take a closer look at dilution
The definition of trademark dilution is quite broad. The federal Trademark Dilution Revision Act of 2006 does not actually consider the risk of confusion or negative economic impacts – as trademark infringement does. The law defines dilution as the use of a mark that might tarnish the mark itself or the reputation tied to it.
In short, this law focuses only on protecting the trademark. It is not necessary to prove that consumers may be confused when it comes to a claim of dilution.
This allows business to protect their image. After all, a business’s public image is an important factor in gaining and maintaining consumer approval. Any mark that would sully or degrade that image the business worked hard to build could be a considerable concern and risk.
Dilution v. parody: A subjective issue
Of course, the law also explicitly states that parodying is not dilution. These cases are often quite subjective, as the differing opinions also indicate. This subjectivity can just as easily work in favor of businesses trying to safeguard their intellectual property, as it can against them.
Protecting a trademark requires vigilance. However, it is also beneficial to obtain skilled legal counsel in order to effectively protect the brand and business in such subjective situations.]]>On Behalf of Baker & Associateshttps://www.bakerslaw.com/?p=491152023-11-29T04:16:06Z2023-12-06T04:03:02Zto lead to larger disputes. So, what should small business owners do in these cases?
1. Start with a reminder notice
Most sources, including the U.S. Chamber of Commerce, agree that business owners should not begin by escalating the situation. Take time to review and fully understand the circumstances of this individual case. Then, begin with resending the invoice or sending reminders to pay.
2. Be open to negotiations
After sending any reminders – and depending on the response you receive – you should then consider scheduling time for negotiations. As much as obtaining that income is important, you do not want to lose a customer or have this issue impact your business’s reputation. Moving forward with a negotiation can show you are serious about obtaining proper payment, but also understanding a customer’s situation.
For example, you can arrange a meeting or a call with the customer to discuss the payment. It is not uncommon for customers and other businesses to face financial troubles, especially in today’s market. If this is the case, you could establish a payment plan that will work for both parties.
3. Obtain help
If there is no response to any reminders or offers to negotiate, then you can and should explore the other options to obtain payment. This could involve working with a collections agency to recover the debt owed. However, it is also critical to speak with a knowledgeable California attorney to ensure you understand your rights, as well as the customer’s rights.
4. Review your procedures
Small businesses new and old work hard to gain customers. You may want to protect the relationships you build with them. However, you must also protect your business.
It will often help to take another look at your payment policies. Perhaps you make them stricter, to prevent the risk of non-payment issues. A business attorney can also help craft policies to secure finances and the business’s future.]]>On Behalf of Baker & Associateshttps://www.bakerslaw.com/?p=491142023-09-28T05:17:22Z2023-10-03T04:34:27Zserious construction disputes and delays. It is important to determine who is liable when it comes to defects and design errors.
So, who is responsible for design errors?
Many might assume the architect – or the person who created the project design – is responsible for design errors. That is not necessarily true.
Architects might indeed be responsible for an error or omission in certain cases. However, liability may also fall to:
The project owner
The contractor or subcontractors
Engineers or other third parties involved
Responsibility might span across more than one party as well. Determining the origin of the error will help determine liability. The project owner is often the one funding the project overall, but who pays to fix the error will depend on the details of the project. Regardless, generally the contractor must highlight the changes required to repair the error in a change order request.
But you must consider the factors of the situation
As it is with the majority of construction issues, the answer to who is responsible often depends on various factors, including, but not limited to:
The details of the contract
The process of the project
The source of the error
The terms of liability are different for all of the parties involved in a project – and they often change depending on the details of the project as well. In these cases, it is often critical to seek legal guidance before moving forward to mitigate the impact on the project and avoid an escalating dispute.]]>On Behalf of Baker & Associateshttps://www.bakerslaw.com/?p=491132023-07-27T16:43:20Z2023-08-02T22:10:39Zcommon construction disputes. Therefore, new and experienced contractors alike need to know when their clients may have a reason for a delay claim.
2 particular types of delays that pose a risk
Common obstacles that contractors faced during the height of the COVID-19 global pandemic involved supply chain issues. The lack of materials put various projects on hold across California and the country. This widespread issue was out of contractors’ and clients’ control, meaning they were excusable delays.
However, there are situations when clients may have a claim, including if the reasons for delays are:
Inexcusable: As mentioned above, one example of an excusable delay is the disruption in supply chains. Force majeure clauses in contracts also cover many excusable delays – and protect the contractor. However, a customer may have a delay claim for inexcusable delays. If the contractor’s or company’s actions extend the project, it could be an inexcusable delay. For example, if contractors are negligent or fail to follow proper permitting procedures, then a customer may have a legal claim to collect damages.
Foreseeable: If the customer argues that a delay was the result of a foreseeable issue, they might also have grounds for a claim. These situations can be rather subjective – and complex. Yet, issues about foreseeability play a large role in many construction disputes.
Delay claims might be common in the construction industry, but a customer’s claim must meet specific conditions to be successful. Contractors should seek knowledgeable legal guidance as soon as possible if facing claims. That way they can protect their bottom line and business reputation.
This also highlights how critical it is for contractors to take extra care in crafting contracts before the project begins. An attorney can also provide counsel on how to establish a protective and effective contract.]]>On Behalf of Baker & Associateshttps://www.bakerslaw.com/?p=490932023-06-26T21:21:57Z2023-06-01T23:58:05Zthe business world and the employment arena.
CONSIDER THE EEOC’S WARNINGS
If you utilize AI in the workplace, you must ensure that it complies with federal employment laws, per warnings from the Equal Employment Opportunity Commission (EEOC). This is essential when considering how you use AI and how it affects workers.
3 MATTERS TO KEEP IN MIND
Many see AI as an efficient tool, but it is not without risks. There are three particular issues that employers must keep top of mind in relation to AI implementation, including:
Discrimination laws: AI is not necessarily less biased than humans. There are various cases of AI discriminating against potential employees when used in employment decisions. Other cases involve discrimination in wage and hour matters. If you choose to use AI in these matters, you may still wish to include a human element to review the processes and avoid the risk of legal issues arising from AI usage.
Privacy laws: It is important to ensure that any AI implementation does not violate workers’ rights to privacy. AI applications that monitor employees’ work, for example may pose an illegal invasion of privacy.
Employee perception: According to the Pew Research Center, employees are concerned about how the use of AI may affect both their position and privacy. Consequently, employers should be mindful about how to introduce AI to their company.
While staying on top of the trends is often essential to keep up with the competition, employers must also understand the risks involved and make sure they have a plan to manage them.]]>On Behalf of Baker & Associateshttps://www.bakerslaw.com/?p=490792023-04-03T15:57:25Z2023-03-29T17:59:44ZA CHALLENGING FIRST STEP
Employment plays a key role in your business, yet it is often the area that involves the biggest risk of legal disputes and issues. For many small business owners, it might be their first experience with employment laws, so there are a few things that small business owners must keep in mind as they begin the hiring process.
According to CNBC, many small businesses in California and across the nation are facing challenges on the hiring front. There are various reasons for this, but this struggle is leaving many small business owners desperate for quality employees. Even if you feel this stress, it is important to approach the hiring process with great care – especially if it is the first time you engage in hiring.
TWO MOST IMPORTANT FACTORS TO KNOW
As you begin the hiring process, you must:
Know all the rules: As we have discussed in previous blog posts, there is a long list of laws and regulations that you must adhere to when hiring, such as the Americans with Disabilities Act (ADA) and the more recent Create a Respectful and Open World for Natural Hair (CROWN) Act. The Equal Employment Opportunity Commission (EEOC) provides extensive information on the important hiring rules to understand – and practices to avoid. Understanding these rules is not just important for large corporations; small businesses must also know the regulations of hiring practices.
Consider consulting an attorney: It is often beneficial to seek guidance from a lawyer when you first open or expand your business, including when you begin to plan for the hiring process. Working with someone to fully understand the legal aspects of hiring can help avoid issues that could potentially develop into legal claims or disputes.
Taking these two steps may seem simple. However, it can help small business owners start hiring and growing their businesses with confidence. It can also guide them to actively prepare and avoid the risk of litigation.]]>On Behalf of Baker & Associateshttps://www.bakerslaw.com/?p=490772023-02-14T16:39:40Z2023-01-31T23:51:18Za partnership dispute, you do not want to put your business (or your interest in it) at risk.
DETERMINE: WHAT IS THE REASON FOR THE DISPUTE?
It is axiomatic that the key to finding an effective solution is to discover the core reason for the dispute.
It is important to consider that if you have a personal relationship with your business partner in addition to your professional relationship, the reason may not even be business-related. For example, if you run a business with your spouse, it is not uncommon for marital issues to influence disputes over business operations.
Personal matters can have a surprisingly large effect on the success of business partnerships. In fact, a majority of the common reasons partnerships fail stem from personal matters. After all, personal matters can affect the trust in your relationship, and it is critical to trust your partner.
However, it is possible that the reason behind the dispute has both professional and personal connotations to it as well. It is common for business partners to have conflicts if:
They have different values
They have different visions of the business’s future
Their personalities clash too much
RESOLVE: TAILOR TO THE IDENTIFIED REASON
Once you discover the true reason behind the dispute you face, you can move forward with a resolution strategy that targets this issue and troubleshoots future issues. You may wish to keep this an internal matter. Even so, it is often still important to obtain dispute resolution services or consult a California business attorney to protect your business interests while you navigate the dispute.
While litigation is the last thing business owners often want to add to their plate, it might be necessary in some cases, and the sooner you seek assistance the better the chances for a positive result. Otherwise, you may need to resort to litigation if this particular issue:
Cannot be resolved internally
Involves financial damages to your business, such as fraud, embezzlement or other self-dealing
Involves a breach of the partnership agreement
Due to the nuances of personal and professional relationships, partnership disputes can be difficult to manage, particularly if there in not a partnership agreement in place. Guidance from a business attorney may be helpful in clarifying differences and finding solutions from business, personal and legal perspectives.]]>On Behalf of Baker & Associateshttps://www.bakerslaw.com/?p=490692022-12-21T22:50:38Z2022-11-28T22:20:47Zlawsuits small business owners face. So, what must small business owners consider in these cases?
THREE ASPECTS OF WAGE CLAIMS TO UNDERSTAND
As a small business owner, because payroll should be a top priority, it is important to be aware of how to handle employee claims.
Make sure employees report to you: It is likely that your employees will speak to you first if they encounter a wage issue. However, you can help to ensure this by establishing a clear complaint process in your company policies or employee handbook. That way, you remain aware of any issues within your business – and can resolve them quickly. Then, you should also have a plan in place for how you will handle any complaints.
Know the process: It is also important to understand the process your employees might engage in if they file a claim or lawsuit to recover unpaid wages. This knowledge allows you to prepare and protect yourself before a claim is filed.
Know the law: You should also take time to understand federal and state wage laws as you first establish your business, and be aware of California’s penalties for unpaid wages and employees’ waiting time.
Speak to an attorney: The moment you are notified of a claim or lawsuit, you should contact your attorney, or an employment attorney to counsel you on your next move. The more you delay, the harder it will be to defend your position.
As we have stated in previous blog posts, being proactive is highly beneficial. Even if you do not face a wage dispute, you can take steps now to prevent issues in the future.
YOU MAY HAVE TO REEVALUATE FINANCES
If you face financial stress, it might be necessary to reevaluate your business operations and expenses – at least temporarily – to manage current wage issues or avoid future ones. Current events may create challenges for small business owners, but being prepared and actively addressing these concerns can help you effectively handle disputes and litigation that may arise.]]>On Behalf of Baker & Associateshttps://www.bakerslaw.com/?p=490662022-10-01T02:26:58Z2022-10-08T02:26:44ZArchitects face unique challenges with their copyrights – as well as risks.
Copyright issues in the architecture world
One of the biggest issues, of course, is that there are many aspects of building designs that architects cannot protect by copyright. This is simply because various details are fundamental in the construction of every building. One person cannot own the rights to such a common design.
Even so, there are several elements of a design architects can copyright. These include:
Drawings
Site plans
Certain elements of designs, such as a new sustainable design
Additionally, architects own their original designs. However, ownership often comes into question. Owners of the building – or the party who commissioned the building – may believe they have ownership rights. Architects must ensure they proactively address ownership in their initial agreements to avoid disputes as well as the risk of infringement.
Yet, another issue remains. Many architectural designs are easily accessible to the public through online public records. What about other parties who may access records and attempt to use copyrighted material?
California law aims to improve copyright protections
Regarding access to designs, a new law could change the game for California architects. The state lawmakers passed a bill that will restrict the public’s ability to access copyrighted architectural drawings beginning January 2023. This new law will hopefully help to increase protections for the innovative designs that architects work so hard to create – and essentially depend on to establish business.
We may not see the impacts of this law until next year. In the meantime, and even when this law takes effect, architectural firms should still ensure they take critical steps now to monitor and secure their intellectual property rights.]]>On Behalf of Baker & Associateshttps://www.bakerslaw.com/?p=487882022-08-02T21:58:37Z2022-08-04T06:05:00ZSUSTAINABILITY IN NEW CONSTRUCTION IS NOW A MATTER OF LAW – NOT JUST A PREFERENCE
The push to become greener comes from many fronts. Property owners, potential buyers and even lawmakers all expect the real estate industry to go greener. For example, homeowners and businesses often want their properties to meet their personal values of sustainability.
Indeed, the emphasis on going green is nothing new for the real estate construction industry. In fact, the American Institute of Architects highlights sustainability as a focus – and responsibility – for architects.
Additionally, California design and real estate firms must comply with CALGreen rules for new construction. Lawmakers made this change in the building code in 2019.
MAINTAINING SUSTAINABILITY COMES WITH NEW CHALLENGES EVERY DAY
Ecological matters affect almost all levels of real estate development. For example, it impacts:
The sourcing of materials
How companies obtain materials with continued supply chain issues
Design and building innovations
The changing market
In turn, this affects the success of development projects, which can also disrupt the overall success of the business.
Another challenge is the urgency behind these efforts. Concerns about the climate are only increasing. Consumers expect businesses to share those concerns and reflect them in their practices as well. However, business owners can face serious legal risks if they make promises or advertise green efforts without adhering to those claims.]]>