There's one thing you must do to have trademark rights, and without it you may have none at all. Chris Clark explains why a business registration or domain name doesn't make your brand yours.

In this episode:

• In the U.S., trademark rights come from use: being the first to use a name with your particular goods or services.
• Registering with the USPTO adds valuable rights on top of that use.
• A Secretary of State business filing or a domain name doesn't mean the name is clear or that you own it as a brand.

The takeaway: Your LLC filing and your URL don't give you trademark rights; use and registration do.

About the host: Chris Clark is the founder of CLARK.LAW, a business and intellectual property law firm in Charlotte, North Carolina.

If you'd like to speak with an attorney about protecting your brand or other intellectual property, learn about our Trademark & Copyright Law services at https://clark.law/trademark-and-copyright-law/ or contact us at https://clark.law/contact/

Follow CLARK.LAW on Facebook, YouTube, Instagram, LinkedIn, and TikTok.

This podcast provides general information only and is not legal advice. Listening does not create an attorney-client relationship.

Kicking off the Contract Basics series, Chris Clark covers the three elements that make a contract legally binding, and why even sophisticated agreements sometimes fail without them.

In this episode:

• A binding contract generally needs an offer, an acceptance, and mutual consideration.
• Consideration means both sides receive something of value: a bargained-for benefit.
• A signed, written promise can still be unenforceable if only one side is giving something.

The takeaway: Writing it down and signing it isn't enough; both sides need to be giving and getting something.

About the host: Chris Clark is the founder of CLARK.LAW, a business and intellectual property law firm in Charlotte, North Carolina.

If you'd like to speak with an attorney about a contract, learn about our Contract Law services at https://clark.law/contract-law/ or contact us at https://clark.law/contact/

Follow CLARK.LAW on Facebook, YouTube, Instagram, LinkedIn, and TikTok.

This podcast provides general information only and is not legal advice. Listening does not create an attorney-client relationship.

A sheriff's deputy knocks on the door, or a certified letter shows up with a summons and complaint. Now what? Business litigator Andy Lax walks through the first moves every business owner should make after being served.

In this episode:

• Ignoring a lawsuit is one of the most expensive mistakes you can make; you typically have about 30 days to respond before the other side can seek a default judgment.
• Call your insurance agent first. Your policy may cover the claim, which can mean the insurer provides and pays for your lawyer.
• A "reservation of rights" letter means the insurer isn't sure the claim is covered, but it will usually still provide a lawyer while that gets sorted out.

The takeaway: The first two calls after you're sued: your insurance agent, then a lawyer. The worst response is no response.

About the guest: Andy Lax is an attorney with Forrest Firm. Learn more at forrestfirm.com.

If you'd like to speak with an attorney about a business dispute, learn about our Fractional General Counsel services at https://clark.law/fractional-general-counsel/ or contact us at https://clark.law/contact/

Follow CLARK.LAW on Facebook, YouTube, Instagram, LinkedIn, and TikTok.

This podcast provides general information only and is not legal advice. Listening does not create an attorney-client relationship. Guests' views are their own.

Five-minute business and legal tips for founders, entrepreneurs, and executives from attorney Chris Clark and guests. New episodes every Monday morning. Subscribe so you don't miss one. Learn more at https://clark.law

This podcast provides general information only and is not legal advice.