A prospective client this week sought to register a name as a business name or company name. He did his own online name availability search... or so he thought.
On seeing an identical name on a business name register in another state he wondered if he should still proceed with the target name. It was still available as a domain name and trade mark... or so he thought.
I wrote on this topic in What trade mark professionals do. Today I had to be blunt. Here's what I wrote.
1. Do people love work at your place?
2. Do people at your place feel their careers and the business is developing?
3. Are they trained to take both to the next level?
4. Are the paths for that clear to all?
5. Do the employment contracts align with those paths?
6. Is there credible evidence for your answers to these questions?
These question are focused on people. My personal experience points to people as the top priority. As further evidence let's see what two great inventors working with teams have said.
We've all learned a lot from Steve Jobs (1955-2011).
He's inspired a great deal of thought and writing on this Lightbulb law blog.
In memory of his unforgettable life and work, below is a list of my articles about him or shaped around his work.
He won't stop inspiring. Great people never do. Each time I look up at the clouds, he'll be beaming down.
Mobility and mobile device screens (smartphones, tablets, e-readers) make possible new functionality and uses for devices.
For example it would be useful to know how readers of The Australian Financial Review use their iPads, about 30% of them have iPads! It's a niche, and there are others hiding in research data.
What's exciting about facts like that is that for developers and their investors mobile device app, content or services development provides a point of market entry.
Software development is a field with many myths.
Here's three, following by a myth busting extract from an application development tasks list.
There's the myth of a first mover advantage. Very few successful IT companies were first in their field. Not Google for search engines, not Microsoft for PC operating systems, not Apple for phones or digital music players, and the list goes on.
As our firm is currently working on many contracts for client cloud projects, I listened to this long video and recommend it: The Future of Cloud Computing.
It's a panel presentation held at The Commonwealth Club in California. Some very interesting points are made by the first two speakers.
Your training and experience shapes how you investigate and understand a business. Accountants look for numbers, geeks ask about IT systems, and journalists seek news. As a business lawyer I read contracts. I've reviewed over 5,000 contracts in my career.
This Friday I'm running a hypothetical at an exhibition for importers and exporters. The topic is Negotiating Your Supplier and Distributor Contracts.
In preparation, I created a handout listing 10 legal tasks for exporters and importers.
Can you file a trade mark application yourself in Australia, without a lawyer or trade mark attorney? Yes. Should you if you don't have substantive experience? No.
Do-it-yourself applications can be dangerous, inadequate, or full of holes for lawyers to drive trucks through.
Here's three reasons and hints on why you'll get value-for-money by outsourcing the job to professionals, at least until you gain experience.
Can an employee's strongly worded status update on Facebook repudiate his or her employment contract?
Take two. Could the update be evidence of an employee's unwillingness to perform contractual obligations, so serious as to give the employer a right to terminate the employee? A fuller definition of repudiation appears in the endnote below.
Certainly, Facebook content is increasingly cited in court cases, including in divorce and employment disputes. Posts have been used as evidence to justify termination of employees.
But could a status update, post or comment repudiate a contract, not just put it at risk?
I've been a publishing lawyer for 28 years. In the last year I've been asked by three different friends how to gather thoughts to make a proposal to a book publisher for a non-fiction title.
Here's my most recent advice, stripping it back to a checklist of seven tasks.