Entries by Judy Yen

5 Common Mistakes Content Creators Make When Entering Into Advertising Deals

April 4, 2023 in , , , /by

Advertising deals can be a great way to achieve these goals, but there are common mistakes that many content creators make when entering into such agreements.

At Carbon Law, we’ve seen content creators make the following mistakes when entering into advertising deals:

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Mistake #1: Not Understanding the Terms of the Agreement

One of the most common mistakes content creators make when entering into advertising deals is not fully understanding the terms of the agreement. Many agreements contain complex legal language that can be difficult to understand. When a business you are working with hires an attorney to draft an agreement, it will be drafted in their best interest and may be unfair to you. For example, there may be restrictions on the use of your content or language that gives their company more control over how much compensation you will receive. It is also important for content creators to consider the repercussions of breaching the agreement and be prepared for the worst-case scenario. A well-drafted agreement should cover what happens if you breach the agreement in specific detail. Without fully understanding the terms of the agreement, content creators may inadvertently agree to terms that are not in their best interest. Consulting an attorney before signing an agreement can help content creators understand the terms of the agreement fully and ensure that they are getting a fair deal.

Mistake #2: Failing to Negotiate for Terms that Protect their Interests

Another related common mistake content creators make is failing to negotiate the terms of the agreement. It is important to remember that an advertising deal is a business transaction, and you have the right to negotiate the terms that are most beneficial to you. Consulting an attorney can help you understand what you are agreeing to and be prepared to ask for changes to the agreement that will help ensure the agreement is in your best interests, or at the very least, a fair deal.

Mistake #3: Not Disclosing Sponsored Content

Another common mistake content creators make when entering into advertising deals is not disclosing sponsored content. In the United States, the Federal Trade Commission (FTC) requires content creators to disclose any sponsored content to their followers. Failure to do so can result in legal consequences, including fines and legal action from the FTC. An attorney can help content creators understand their legal obligations regarding sponsored content and ensure that they are in compliance with the FTC guidelines.

Mistake #4: Not Protecting Intellectual Property

Content creators are often required to use their intellectual properties, such as their name, logo, or content, in advertising deals. It is crucial for content creators to fully understand what they are giving up by signing the advertising agreement and receiving compensation. A fair advertising deal should include provisions that protect the content creator’s copyright, trademark, and other intellectual property rights. Content creators should also ensure that the agreement they sign does not give the advertiser unlimited use of their content without permission, so they retain control over their brands that they put in countless hours to build. Failing to protect their intellectual property when entering into an advertising deal can lead to serious legal issues down the line.

Mistake #5: Not Having a Clear Exit Strategy

Another common mistake content creators make when entering into advertising deals is not having a clear exit strategy. If the partnership with the brand or business does not work out, content creators may be stuck in an agreement that they no longer want to be a part of. An attorney can help content creators negotiate a reasonable termination clause that protects their interests and ensures a smooth transition out of the partnership.

In conclusion, content creators must be careful when entering into advertising deals to avoid legal issues down the line. Consulting an attorney before signing an agreement can help content creators understand the terms of the agreement, ensure compliance with FTC guidelines, protect their intellectual property, and negotiate a desirable exit strategy. If you’re a content creator, don’t make the mistake of signing an advertising deal without consulting an attorney first. Contact Carbon Law today to protect your interests and ensure a successful partnership with brands and businesses



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My experience with Carbon Law Group was great! I scheduled the initial consultation with Pankaj and he is extremely knowledgeable, personable, and willing to help with business needs. Highly recommend!

Monique I.

Monique I.

I used carbon law for my business and they were wonderful. they got the job done, and it was affordable. they are available to answer any questions along the way as well. Recommend for all uses!

Obaid Chaudhry

Obaid Chaudhry

Extremely satisfied with the work done by Carbon Law Group. They were super attentive to my needs, and turned around my project in a very timely manner. Will absolutely continue to use them in the future.

Sarah Tyer

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What Our Customers Have to Say

Overall rating 4.9
5/5

Pankaj is an attorney who truly puts client relationships at the forefront of his business practice. I had a small concern with the way something was handled and he went out of his way to make sure the situation was immediately rectified and handled to my expectations. Looking forward to a long term realtionship with Carbon Law.

Milan Chawla

They were timely and very organized in the services they provided and the corporate binder they produced. They responded promptly to emails and phone calls and they had no hidden fees. I would have given them 5 stars except for some areas of ambiguity in how they classified my organization for tax purposes. It caused me some alarm. They were cooperative though and changed it per my consultation with my accountant.

Aaron Schwartzbart

I went to Carbon Law Group to get a trademark for my business. I had called a number of other places prior to calling them. My first contact was with Samantha Villanueva and she was the reason why I actually decided to go with them. She was very personable polite, and knowledgeable and patient. She set me up with Judy who was my attorney for this purpose. Judy was very responsive, knew the job well, was thorough and so easy to reach and connect with if I had any questions. I would definitely recommend them for your legal needs!

Aparna Punja

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Introducing Carbon Law’s New Trademark Watch Service

March 8, 2023 in , , , /by

Your trademarks are essential assets of your business that help you distinguish your goods and services from those of your competitors. Protecting your trademark rights does not end with obtaining a federal trademark registration. The United States Patent and Trademark Office (USPTO) does not take actions on behalf of trademark owners to monitor or enforce trademark rights. It is the trademark owners’ responsibility to detect potential infringements and unauthorized uses of their trademarks and take action to enforce their trademark rights. Enforcing your trademark rights is critical to protecting your brand’s reputation and goodwill.

 

 

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. A trademark watch service is a monitoring service that helps businesses protect their trademarks by detecting potential infringements and unauthorized uses. The trademark watch service monitors various sources, including the USPTO trademark registries, domain names, social media, and online marketplaces, to identify potential threats to a business’s trademark. If a potential infringement is detected, the business is alerted, giving them the opportunity to take action to protect their trademark.

 

The importance of trademark watch service cannot be overstated, and here are some reasons why:

      1. Protecting your brand reputation and goodwill: A trademark watch service helps protect your brand by detecting potential infringements and unauthorized uses and allows you to take action to prevent damages to your brand’s reputation and goodwill.

      1. Early detection of potential infringements: A trademark watch service can detect potential infringements early at the onset of infringing activities, giving you the opportunity to take swift action to protect your trademarks, before more costly legal action becomes necessary and before the infringer invest significantly into the infringing brand. This can save you time, money, and resources in legal battles that can arise from trademark infringement.

      1. Peace of mind: A trademark watch service provides businesses with peace of mind, knowing that their trademarks are being monitored and protected. This can help businesses focus on their core activities without worrying about potential threats to their trademarks.

    Carbon Law is excited to announce the launch of our new trademark watch service, which will help you protect your valuable trademarks from infringement and unauthorized uses. 

     

    With our new trademark watch service, you can rest assured that your brand is being monitored and safeguarded against potential threats. Our team of experienced attorneys will monitor your trademarks for any potentially infringing activity and alert you promptly of any concerns.

    Our new service includes three convenient plans based on your budget and the importance of monitoring your mark:

    For a limited time, we are offering a 20% discount on our trademark watch service to the first 20 new customers who sign up before March 20, 2023, by using the code TM20. This is a great chance to try out our service and see how it can help you protect your valuable trademarks.

    Notable New Laws Affecting California Businesses in 2023

    January 5, 2023 in , , , /by

    The new year is upon us, and if you’re running a business, make sure you are prepared for new laws that will impact your business. In California, the new calendar year also means a fleet of new laws and regulations that go into effect. 2023 is no exception. Here are some new laws that may affect your California business:

     

    1. Assembly Bill 1041 adds a “designated person” to the list of existing permitted family members that an employee can take off time to care for under the California Family Rights Act.
    2. Senate Bill 1162 requires companies that employ at least 15 people to include salary ranges in all job postings and provide them to existing employees upon request.  The California Labor Commissioner can issue fines of as much as $10,000 for failure to comply.
    3. California raised its minimum wage to $15.50 on January 1st, applying it to all employers, regardless of size. The half-dollar boost resulted from a 2016 law that mandated inflation-related adjustments.
    4. Under Assembly Bill 1949, California employers with 5 or more workers must allow them up to 5 days of unpaid, job-protected leave upon the death of a close family member, including a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.

    Three Reasons Why Content Creators Should Trademark Their Social Media Handles

    January 5, 2023 in , , , /by

    In today’s digital age, social media has become an essential part of our daily lives. With millions of users worldwide, social media platforms like Twitter, Instagram, and Facebook provide a vast and accessible audience for content creators to showcase their work. However, with so much content circulating online, it can be challenging to stand out. One way to differentiate yourself as a content creator is by trademarking your social media handles. In this article, we’ll explore three reasons why content creators should trademark their social media handles.

    As an influencer, your social media handle is what your audience uses to identify your personal brand, which is crucial for your success. Your social media handle is what sets you apart from other content creators and helps you build a loyal following.

    In today’s digital landscape, where anyone can create a social media account and start posting content, it’s more important than ever to protect your personal brand and ensure that it remains unique to you. One way to do this is by trademarking your social media handle.

    Reason 1: Official Ownership of Your Handle Nationwide

    Filing a trademark application with the United States Patent and Trademark Office (USPTO) for your social media handle allows you to officially register your social media handle to be your personal brand in the United States. A trademark registration with the USPTO will give you legal protections under the U.S. trademark law – the Lanham Act – for using the social media handle you use as your brand name in the United States. This means that your brand name will remain unique to you and no one else can use your social media handle for a similar business without your permission.

    Reason 2: Exclusive Rights to Use Your Handle

    When you trademark your social media handle, you gain exclusive rights to use it in connection with the goods or services you offer. This means that you have the sole right to use your handle in the marketplace, giving you a competitive advantage over other businesses. As the owner of a registered trademark, it will be much easier for you to take down unauthorized uses of your brand name that are confusingly similar to yours on social media platforms and e-commerce websites. Many online platforms deem trademark registrations as an acceptable basis for claims of trademark rights.

    Reason 3: Additional Revenue

    Trademarking your social media handle can also help you monetize your personal brand. Trademarks can increase the value of your business by creating intellectual property assets that can be licensed or sold to others. It will allow you to enter into licensing deals with other businesses that want to sell using your brand name. This can be a great way to diversify your revenue streams and generate more income from your influencer activities.

    Trademarking the social media handle is important to any influencer who is serious about their personal brand. It can provide significant benefits for an influencer’s business. It gives an influencer the legal protections of their brands under the federal trademark law, helps them build a stronger brand, and can even help them monetize their brands and grow their businesses.

    Ready to Protect Your Brand?

    Book a Discovery Call with Our Trademark Expert Now!





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    What Our Customers Have to Say

    Overall rating 4.9
    5/5

    Pankaj is an attorney who truly puts client relationships at the forefront of his business practice. I had a small concern with the way something was handled and he went out of his way to make sure the situation was immediately rectified and handled to my expectations. Looking forward to a long term realtionship with Carbon Law.

    Milan Chawla

    They were timely and very organized in the services they provided and the corporate binder they produced. They responded promptly to emails and phone calls and they had no hidden fees. I would have given them 5 stars except for some areas of ambiguity in how they classified my organization for tax purposes. It caused me some alarm. They were cooperative though and changed it per my consultation with my accountant.

    Aaron Schwartzbart

    I went to Carbon Law Group to get a trademark for my business. I had called a number of other places prior to calling them. My first contact was with Samantha Villanueva and she was the reason why I actually decided to go with them. She was very personable polite, and knowledgeable and patient. She set me up with Judy who was my attorney for this purpose. Judy was very responsive, knew the job well, was thorough and so easy to reach and connect with if I had any questions. I would definitely recommend them for your legal needs!

    Aparna Punja

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    ATAK Interactive Tells About Its Experience Working With Carbon Law Group

    How to File a DMCA Takedown Notice?

    October 24, 2022 in , /by

    Today, media companies are fighting battles on multiple fronts to protect their intellectual properties. However, major sites like YouTube are almost certain to have the most takedown notices filed against them each year. Something like the Pirate Bay, on the other hand, seldom has takedown notices filed against it, and if it does, it does […]

    Pandemic Wreaks Havoc on Nursing Home Industry

    July 8, 2022 in , /by

    It is no secret that the COVID-19 pandemic wreaked havoc on the nursing home industry. In terms of the industry itself, we are seeing more closures of nursing homes, more consolidation, and the evaporation of the not-for-profit sector of nursing services. More of these non-profits are being swallowed up by for-profit providers. What happened? There […]