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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 structured, like a limited liability company. This list has some factors that could sway you one way or the other.

Tax and Licenses

You know e-commerce and the collection of sales tax was a hot topic with The Supremes last summer. Have you determined when and where you need to charge sales tax, if at all? What about a business license?

Trademark

By now you know a trademark is that brand name that everyone knows you by. The Essential Legal Checklist for Selling on Etsy walks you through a few general trademark considerations (and some Etsy-specific considerations).

Copyright

Copyright law governs not only your typical creative works, but some not-so-typical creative works. Registering with the Copyright Office, getting your contracts in place, and using contractors are all topics that are covered in this legal checklist for selling on Etsy.

Photographs and Artwork

Copyright and right of publicity are two different things. (Remember the client query, “A celebrity is wearing my brand“?) This checklist will make you think through using photographs and artwork properly.

Policies and E-Commerce

It’s hard to hold a customer to a return policy if you haven’t posted that return policy. Posting policies and truthful descriptions of products are both things to consider when opening up shop on Etsy.

And there you have it. Get the Essential Legal Checklist for Selling on Etsy here.

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IP and Thinking About Your Exit Strategy

proactive ip protection and exit strategy spear ip

Whether you’re a brand owner or a future brand owner, you start to do a gut check this time of year. The soon-to-be brand owner? She starts her engines and gears up to launch her business. The existing brand owner? He does a review; thinking through how the previous year went. What to both types of entrepreneurs have in common? They must be thinking about an exit strategy. (Spoiler alert: taking proactive steps to protect your IP now will add value to your business, no matter the exit strategy you choose.)

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

protect a t-shirt idea lifestyle brands spear ip

“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.

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Using “Cheap” Online Legal Services for Trademarks

the temptations and shortcomings of online legal services

So, you’re thinking about registering a trademark. You have worked hard to choose a mark that distinguishes your product or service from the competition. Now, you’re wondering if it’s possible to protect it. “Cheap” online legal services like Rocket Lawyer, Legal Zoom, and Trademarkia sure are tempting. 

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Client Query: Can I Protect An Idea? (Probably Not.)

client query can I protect an idea

“Client Query” is a brief segment in which a common client question is broken down and answered. This month: the misconceptions surrounding whether you can protect an idea.

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Don’t Forget to File Your Annual Report

file your annual report

It’s that special time of year where suddenly we’re careening towards April 15. Engaged a trusted CPA? Check. Looked over the books and expenses for the last year? Check. But wait! There’s one more important deadline for Tennessee businesses and business owners: the deadline by which you must file your annual report.

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Contest Rules, Social Media, and the Law

Contest Rules Social Media and the Law

You’ve seen them so often that you don’t even pay attention to the rules. “Tag a friend in the comments to enter!” “Share this photo to enter!” But, like all contests and sweepstakes, contests that take place on social media are often governed by very specific rules. How many social media contests or promotions have you run or participated in that do not follow the rules?

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First Anniversary: IP Lessons from Spear IP

First Anniversary: IP Lessons from Spear IP

This week, Spear IP celebrates its first anniversary. From fashion, to event planning, to technology and beyond, Spear IP has had the pleasure of assisting its fabulous clients with their intellectual-property, contractual, and business-related needs. This post takes a look back at the IP lessons learned from the Spear IP Blog in the last year.

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Proper Use of Client Materials in Marketing

Proper Use of Client Materials in Marketing

The ability for a client to view your portfolio is of utmost importance in client-facing industries. (Looking at you, event planning, graphic design, web design, and photography). One often assumes that she has free reign in posting clients’ projects for all to see. But, that is not necessarily the case. This post touches on some legal hurdles that apply to the proper use of client materials and the “quick fixes” that might save you from legal headaches when marketing your business.

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IP Independence: Using Contractors

IP and Using Contractors

Using independent contractors has its perks: an independent contractor is not an employee, so an employer can save by using contractors for certain services. But does an employer automatically own creative works created by its independent contractors? In short: probably not.

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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. Continue reading “Using A Personal Name As A Trademark”

Going Federal: The Defend Trade Secret Act

The Defend Trade Secret Act

Last week, President Obama made the Defend Trade Secret Act (or “DTSA”) official. The law went into effect on May 11, 2016, and will apply to all trade secret misappropriation that takes place on or after that date. What is the DTSA, and how does it change the trade secret battlefield?

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