A Legal Checklist for Selling on Etsy

Etsy is the first place that pops into mind when I want to find a special gift or something created by a small business owner. Want to open up shop yourself? This month’s blog post introduces Spear IP’s Essential Legal Checklist for Selling on Etsy.

Here’s a brief description of the topics you should expect from the Essential Legal Checklist for Selling on Etsy.

Business Structure

A lot of folks find themselves weighing the pros and cons of sole proprietorship versus something more … Continue reading →

what the SCOTUS sales tax ruling really means spear ip fashion law internet law

What the SCOTUS Sales Tax Ruling Really Means

Last week (specifically, on Thursday, June 21, 2018), the Supreme Court ruled on a South Dakota law relating to the collection of sales tax for online purchases. Cue a frenzy of brands and online retailers trying to decipher what this SCOTUS sales tax ruling really means. Here’s a breakdown of the decision.

protect a t-shirt idea lifestyle brands spear ip

You Can’t Protect a T-shirt Idea (But You Can Start a Lifestyle Brand)

“I have a REALLY great t-shirt idea.” “I’ve got an idea for a funny t-shirt slogan.” Many an IP attorney has heard this phrase at least once. Just like protecting an idea can be difficult, it’s challenging to protect a t-shirt idea. But a lifestyle brand? Now you’re talking. But be proactive: know how to safeguard the protectable elements of a t-shirt or lifestyle brand.

sponsored content and posting the right way

Sponsored Content and Posting the Right Way

Ever watch an old television show and notice the not-so-subtle product placement that was so commonplace back then? “Gee, Mary, these dishes sure are clean. You must be using Palmolive soap again!” Fast forward 65 years and sponsored content is still alive, but the medium and pitchmen have changed. Influencers and celebrities use Instagram and other platforms to make big money. But times are a-changin’ again, thanks to crackdowns — er, gentle reminders — by the FTC.

People are Suing Amazon for Counterfeit Eclipse Glasses

People Are “Total-ly” Suing Amazon for Counterfeit Eclipse Glasses

Those of you in the Nashville, Tennessee area remember the total eclipse that occurred last week. For two blissful minutes (or eerie minutes, depending on your perspective), the sun disappeared, the birds stopped chirping while the cicadas started, and there was a sunset on every horizon. After a flurry of “eye-popping” prices for eclipse glasses, some unscrupulous vendors began peddling counterfeit glasses — glasses that would not protect your eyeballs from the wonders of science. … Continue reading →

spear ip legal checklist for modern business

Second Anniversary: Blog Round-Up

This month marks the second (!) anniversary of Spear IP’s opening. You might notice that Spear IP started as a general intellectual property law practice. In its second year, Spear IP pivoted to focus on the fashion, hospitality, blog and new media, and tech industries, along with creative (non-musical) professionals. Here is a look back at the lessons learned and content shared on the Spear IP Blog during Year Two.

fashion law and labeling requirements for clothing

Making Sense of Labeling Requirements for Clothing and Apparel

Labeling requirements for clothing and apparel — what a topic! Many of us are now in the habit of asking where our food came from and what’s in our favorite snacks, and consumers, in increasing numbers, are starting to look at the makeup of our clothing. Fiber content and place of manufacture are but some of the items listed on a clothing label. This post provides some basic education on apparel labeling requirements.

#whomademyclothes

Who Made My Clothes: Beyond Fashion Revolution Week

Fashion Revolution Week is coming to a close. What is Fashion Revolution Week? It’s not just the movement behind the hashtag #WhoMadeMyClothes. The Fashion Revolution is a movement with the clear goal of encouraging consumers to be aware of where their clothing comes from, and making purchasing decisions based on that information.

a celebrity is wearing my brand

Client Query: A Celebrity Is Wearing My Brand

“Client Query” is a brief segment in which a common client question is broken down and answered. This month, Spear IP tackles that “OMG” moment… “A celebrity is wearing my brand!”

Using A Personal Name As A Trademark

Using A Personal Name As A Trademark

Not everyone uses an arbitrary or fanciful brand name. Often times individuals or companies will just go with someone’s name (present company included). Read on for a list of considerations when using a personal name as a trademark.