Transactional

By: Denise C. Werkley

I often get asked by people starting up a new business venture whether they need to file for a fictitious name. In Pennsylvania, a fictitious name is the name you “do business as” or “trade as”. It is the business name you use with the public. If you are not intending to form a legal entity, and instead operate as a sole proprietorship, Pennsylvania requires you to register the name with the Pennsylvania Department of State and to advertise in multiple publications. Registration provides your customers and suppliers with the name of the person who is legally responsible in the event that there is a claim for goods, services, or payment. Registration also legitimizes the business in many vendors eyes and can be beneficial for marketing. Most important though is that Pennsylvania law provides for a fine and the inability to use the courts to enforce a contract if you have not registered your fictitious name. For example, you do business as a sole proprietor and use the name Happy Days Consulting on all your materials. You then enter into a contract for consulting services with a very big fee, and you sign it as Happy Days Consulting. You have not yet filed your fictitious name, and your client doesn’t pay you. You may not be ale to sue on that contract to recover the unpaid fee.

Additionally, people who do have a legal entity (a corporation, LLC, partnership, etc.) often ask to file a fictitious name. An entity can trade under its own name without any registration other than its organizational documents filed with PA – so if you decide to form a legal entity and name it Happy Days Consulting, Inc., you can use the name Happy Days Consulting with your customers/suppliers. However, if you file as Happy Days Consulting, Inc., but want to operate as “Consultants R Us”, you would need to also file a fictitious name for “Consultants R Us”, in addition to the typical organizational documents filed in PA for Happy Days Consulting, Inc.

In addition to filing requirements, choosing a business name should be done with care so as to avoid infringing on existing trademarks, to put you in the best position to protect the name, to make the most of marketing opportunities and for ease of use. For more information on choosing a business name, please contact Denise C. Werkley at 610-692-1371 or dwerkley@utbf.com.

By: Denise C. Werkley

This week the Ellen DeGeneres Show was sued for failing to obtain licenses for the music that is played during the show. Just like any other work of original art, music is copyrighted and there are laws protecting its use and distribution. Check out the full story here: http://news.yahoo.com/s/ap/20090910/ap_en_mu/us_tv_ellen_degeneres_lawsuit

For more information on copyright laws, contact our office.

By: Denise Werkley

Copyright rights have long stirred debate and as downloads from the Internet become the everyday norm, actors, composers, musicians, and others in the performing arts are still trying to find a balance that works for everyone. Certain groups think composers especially will be double-dipping if they get a royalty for a digital download, while others believe that composers are missing out when a film is downloaded (without payment to them) with their music in it. See this article for a discussion about the debate.

If you have a federally registered trademark, you may be solicited by monitoring and filing service companies. Keep your eyes out for notices that you must sign up for trademark monitoring, etc., by paying a fee. Note that the United States Patent and Trademark Office does NOT offer monitoring of your trademark and these services are not required for your registration. The USPTO Notice on the subject is here.

By: Denise Werkley

Be aware that copyright protections in the US are different than in Europe. This might mean big things for your work of art, popular story, etc. Case in point is the Popeye copyright–as of January 1, 2009 the copyright is public in Europe and the character can be used without paying royalties or getting permission. Beware though–you could be setting yourself up for a legal challenge if you use the character on the wrong products or in the wrong manner–and especially if you intend to use it in the US without permission–as the US Copyright does not expire for many more years.

See more articles on this topic. UK Telegraph; Newsarama.com