Tamara’s Tips

Read the latest news and stories.

Free Trademark Watching

Thomson CompuMark has generously offered a free three-month trial of their trademark watch notice service to my clients.  This service provides notification any time a new application for a mark that is phonetically similar gets filed with the U.S. Patent & Trademark Office.  It is a great way to keep abreast of the trademark landscape and ...

Operating in the Absence of a Written Agreement

I've written before about the peril of relying on a handshake for a business deal.  Sadly, this summer I have been dealing, on behalf of clients, with the aftermath of handshake deals gone sour. In one situation, several individuals invested money into a company, but failed to ever complete an operating agreement to memorialize their intent with respect to ...

AffCon

I will be speaking at next week's Affiliate Convention (aka AffCon) in Denver on a panel addressing "Legal Compliance: Affiliates & FTC Compliance."  There's a great lineup of sessions geared towards everyone involved in the affiliate marketing world. I am looking forward to sharing my views on contractual issues related to affiliate relationships, and to ...

Protecting Trade Secrets and Confidential Information

Recently, a small Boulder-based client who is about to expand exponentially asked me for guidance on protecting a process his company considers top-secret. My advice to him: take sufficient steps to make sure that those who are exposed to the trade secret are aware of its status as such.  In particular, I told him there were three ...

Business vs. Legal Issues, part 2: Indemnification

Indemnification clauses can cause people to pull their hair out. Like limitation of liability provisions, indemnification provisions in a contract involve both business and legal issues. My job as a lawyer is always to protect my clients, and to try my best to explain legal issues in plain terms they can understand.  When I first started working as ...

The Peril of Handshakes

Friendships, romances, and business relationships all begin with trust. The parties put a lot of faith in each other. Business people often shake hands and enter into arrangements blissful and starry-eyed and ask me to give a quick once-over to the documentation of their relationship.  Call me jaded, but I ignore the declarations of complete faith the business ...