F*cking Up my Contract for Content Marketing World 
Ruth Carter | Carter Law Firm
by Ruth Carter
1y ago
I’m excited to go back to Cleveland for CMWorld! Content Marketing World (CMWorld) is one of my favorite events every year. They have the best of the best speaking about what’s working with content marketing. Like every year when I have the privilege of being a speaker, I’m required to sign a contract. They recently sent me a link to the speaker contract landing page where I signed with my electronic signature. I signed the contract as it was written, but it inspired me to create a revised version. Some of the provisions I added were meant to be humorous, and others were added to fill gaps in ..read more
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Registered Trade Name vs Registered Trademark: Who Wins?
Ruth Carter | Carter Law Firm
by Ruth Carter
3y ago
“Kum & Go,” photo by Dustin Murrell Broadcast Journalist (Creative Commons License) Last week, I wrote about intellectual property disputes where one side had the website domain and the other side has the registered trademark. Someone asked me how do registered trade names factor into these situations. What’s a Trade Name? In general, a trade name is something you register with your state. This is different than registering a trademark with the U.S. Patent and Trademark Office (USPTO). This is a way to register the name of your company or your product with your state. It typically takes on ..read more
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You Have the Domain. They Have the Trademark. Who Wins in the IP Dispute?
Ruth Carter | Carter Law Firm
by Ruth Carter
3y ago
“Stone Stacks – Lindisfarne” by Linton Snapper from Flickr (Creative Common License) I saw this scenario come through my Reddit feed. Two U.S. companies are in the same industry and using the same name for their brand. One has the dot-com web domain. The other has registered the brand as a trademark with the U.S. Patent and Trademark Office (USPTO). Which company should get to use the brand and force the other to change their name? Timing Matters: Who Was First The answer to every legal question starts with “It depends,” and here it depends on which company was using the mark in commerce first ..read more
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Cost to Move a Business from California to Arizona
Ruth Carter | Carter Law Firm
by Ruth Carter
3y ago
“Arizona Welcomes You” by AlmightyWorm, public domain Frequently, I receive emails from people who need help moving their business from California to Arizona. They typically find me after reading my post about how challenging it is to move a company from California to Arizona, particularly a corporation. One of the most common questions they have is, “What will this cost?” Cost to Move a Corporation from CA to AZ Moving a corporation from California to Arizona is complicated because it requires forming a new business entity in Arizona and then merging with the California entity where the Arizo ..read more
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Funny but Binding Contract Terms for Late Payments
Ruth Carter | Carter Law Firm
by Ruth Carter
3y ago
“Pizza” by stu_spivack (Creative Commons License) One of the biggest challenges facing small businesses seems to be getting clients to pay their bills. Dealing with non-paying clients or delinquent clients is one the most common complaints I hear about from other entrepreneurs. Your first line of defense against these people is in your contract. Create an Upside When Clients Don’t Pay – in Your Contract You can put anything you want in a contract, as long as it’s legal. (This is why you can’t have a legally binding contract to buy/sell heroin or a human kidney.) Most contracts include a provis ..read more
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It’s the Law: Put Down Your Phone and Drive
Ruth Carter | Carter Law Firm
by Ruth Carter
3y ago
“Hang Up and Drive” by ToastyKen (Creative Commons License) Starting January 1, 2021, you can be ticketed in Arizona if you talk or text on a cell phone while driving unless the device is in a hands-free mode. The same law also applies to tablets as well as music and gaming devices It’s the 48th state to ban texting while driving. (Missouri and Montana are the only states left that don’t have laws that restrict texting while driving.) This law actually passed in April 2019, but drivers didn’t start getting tickets until the beginning of 2021. In the meantime, law enforcement gave over 15,000 w ..read more
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What Zach Kornfeld is Doing Right with his New Business
Ruth Carter | Carter Law Firm
by Ruth Carter
4y ago
“Thumbs Up!” by Kevin Gale from Flickr (Creative Commons License) This week, Zach Kornfeld of The Try Guys announced that he is starting a new tea company in two months or less, without leaving his apartment, and spending less than $500. The goal is to create and sell two original blends: “one for energy and one for chillin’ out.” Constraints are Good for Creativity It’s intriguing to watch someone create a new company is real time, particularly in this situation where Zach has a limited budget and is sheltering in place. These limitations are not necessarily bad things. On the contrary, entre ..read more
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Six Ways to Work on Your Photography Business While in Quarantine
Ruth Carter | Carter Law Firm
by Ruth Carter
4y ago
“Lens Cleaning” by The Preiser Project from Flickr (Creative Commons License) I cringe every time I see a post about photographers and models teaming up to shoot during the COVID-19 pandemic when they should be social distancing and staying home. The only photographers who should be out shooting these days are the ones who are documenting the pandemic. My business mentor taught me that when you’re not working in your business, you should be working on your business. Here are 6 ways you can work on your business while sheltering in place. Edit Your Images From TFP Shoots Models frequently compl ..read more
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Six Ways to Work on Your Photography Business While in Quarantine
Ruth Carter | Carter Law Firm
by Ruth Carter
4y ago
“Lens Cleaning” by The Preiser Project from Flickr (Creative Commons License) I cringe every time I see a post about photographers and models teaming up to shoot during the COVID-19 pandemic when they should be social distancing and staying home. The only photographers who should be out shooting these days are the ones who are documenting the pandemic. My business mentor taught me that when you’re not working in your business, you should be working on your business. Here are 6 ways you can work on your business while sheltering in place. Edit Your Images From TFP Shoots Models frequently compl ..read more
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Share, Don’t Steal Content in Response to COVID-19
Ruth Carter | Carter Law Firm
by Ruth Carter
4y ago
Don’t Steal by Marguerite Elias from Flickr (Creative Commons License) During this pandemic, many companies are reaching out to their audience with message of reassurance, information about changes in their services, and ways their audience can help during this challenging time. My friend, Jessica Bay, walks dogs professionally as well as educates would-be professional dog walkers. She created a helpful graphic for her audience: A short while later, she noticed this in her social media feed: And later this one: She asked me if these were instances of copyright infrin ..read more
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