Top Three Legal Tips for Dad Bloggers from Dad 2.0 Summit

Awesome Bo-Gos at the Dad 2.0 Summit 2015

Awesome Bo-Gos at the Dad 2.0 Summit 2015

I had an awesome time at Dad 2.0 Summit – an awesome conference for dads who blog. I was invited to the conference to hang out in the Knowledge Bar during the breaks to talk with people about the legal dos and don’ts when it comes to their blogs. One gentleman asked me what three tips I’d give to the conference’s audience. Here’s what I said.

1. Be Thoughtful about what Images you Use on your Site.
Unfortunately, a lot of people think they can use any image they find online as long as they give an attribution and a link back to the original. What you’re likely doing is committing copyright infringement and telling the artist what you did. I recommend getting permission from the person to use their image or only use Creative Commons images for your site. I only use images that come with the license that lets me modify and commercialize them.  For more information about this topic, check out this post and/or watch this video.

2. Register your Trademarks.
This is my soapbox issue for the year for bloggers, vloggers, and podcasters – register your trademarks! If you don’t, someone else can start using it, register it with the U.S. Patent and Trademark Office and they could essentially shut down your site. You’d have to decide whether to fight them for it or rebrand. It’s easier and cheaper to protect yourself by registering your brand first. Then that way you’ve secured your rights to your name, logo, and slogan everywhere in the U.S. For more information about this topic, check out this post and/or watch this video.

3. When you get Free Products or Write Sponsored Posts, Disclose It.
Federal law requires you to only give true and accurate reviews when you do product reviews and you must disclose when you are compensated for giving your opinion. You have to tell your audience when you get products for free, participate in campaigns for compensation, or have sponsors. This rule applies to blogs, review sites, and anywhere you post on social media when you’re compensated for doing so. For more information about this topic, check out this post.

The laws regarding blogging and social media are still developing so it’s important that you stay abreast of changes as they occur when they apply to you. I will do my best to create content on developments in social media and internet law. If you’re looking for a resource that reviews the laws that apply to bloggers, please check out my book, The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. You can always send me an email if you ever have questions, and please stay connected with me on Twitter, LinkedIn, Facebook, and YouTube.

If I don’t see you before then, I look forward to re-connecting with you at Dad 2.0 Summit next year!

Carter Law Firm’s Top 5 Videos From 2013

This is where the magic happens - the couch where I record the firm's videos. Walter Ball is sitting in my spot.

This is where the magic happens – the couch where I record the firm’s videos. Walter Ball is sitting in my spot.

In September 2012, I made the commitment to put out a new video every week. Since then, I’ve done a lot of talking from the couch. Here are the top five most popular videos that were created and released this year.

1.  Can you put a Sex Video on the Internet Without Consent?

2. Response to Rehtaeh Parsons’ Suicide Due to Bullying

3. Avoid Being the next Turner Barr by Registering your Trademark

4. How to Make a Contract

5. Response to Rebecca Ann Sedwick Cyberbullying Suicide

One of the firm’s blog posts about The North Face vs The South Butt trademark issues got over 40,000 hits this year, courtesy of Reddit. Its corresponding video also got a lot of hit and is Carter Law Firm’s all-time most popular video.

I’ve hope you’ve enjoyed these videos and I look forward to sharing more with you next year. If there are any topics you hope I cover in a future video, feel free to connected with me on TwitterGoogle+FacebookYouTubeLinkedIn, or you can email me. You can also subscribe to the Carter Law Firm newsletter.
Please visit my homepage for more information about Carter Law Firm.

Can Kasperski keep the FnB Name?

Old Scottsdale Sign by kmaschke from Flickr

Whenever I ask my friends where I should take my quasi-foodie parents when they visit, one of the most common answers I get is FnB. This little restaurant in Scottsdale has won a bunch of awards and gotten a lot of good press since it opened three years ago, including a mention in Food & Wine magazine. The owners Charleen Badman and Pavle Milic recently announced that they’re moving FnB to a new location at the beginning of 2013. Shortly after that, FnB’s soon-to-be former landlord, Peter Kasperski, announced he wanted to keep the name “FnB.”

According to Phoenix New Times, he came up with the name and he likes it, but does that give him ownership rights in the name?

Probably not.

A trademark is the mark used with a product or service that distinguishes it from its competition and informs consumers about the source and quality of what they’re buying. In regards to a restaurant, a mark could be the name, the way the restaurant is decorated (trade dress), logos, and/or slogans. When you have a trademark, you have the exclusive right to use it on your products or services in your established market. If your register your company’s trademark with the U.S. Patent and Trademark Office, you get the exclusive right to use your mark on your products and services nationwide. No one can start a business or create a similar product with a mark that is similar to yours.

Unfortunately, no one has registered “FnB” with the USPTO for use with a restaurant. If Badman and Milic did that, they would have exclusive control over who could open an FnB restaurant anywhere in the U.S.

All is not lost in this story. If Badman and Milic can argue that they are known nationwide, they can make the argument that their established market is the entire country so no one can call their restaurant “FnB” without their consent. There was a case in 1948 about a fancy New York restaurant called “The Stork Club.” They had spent thousands of dollars in nationwide advertising and had been featured in news articles in newspapers throughout the country. They were able to force a small tavern in San Francisco called “Stork Club” to change its name because they made the argument that consumers might think the tavern was affiliated with the restaurant, which could hurt the restaurant’s reputation.

What about Kasperski’s statement that he thought of the name? Trademark rights come from using the mark in commerce. From what I can tell, he’s leased property to a company that used the name. If he didn’t use it himself, he has no trademark rights in the name.

According to Phoenix New Times, Kasperski claims he’s partners with Badman and Milic. I looked up Badman and Milic’s LLC and he’s not listed as an owner, so I’ve seen no evidence that supports that claim.

Kasperski also said Badman and Milic will be successful without the FnB name. Given their success so far, that is probably true; however, that doesn’t change their rights in their business’ name. They were the ones who used the name in their business and build a stellar reputation. Unless there are contracts that explicit give Kasperski rights in the FnB name, I foresee him struggling to make a valid claim in the trademark rights.

The take away lesson: If you want to avoid problems like this, talk with an intellectual property attorney about registering your trademark with the USPTO.

You can connect with me via TwitterGoogle+Facebook, and LinkedIn, or you can email me.
Please visit my homepage for more information about Carter Law Firm.