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Atlanta Business & Commercial Law Blog

Unconventional Con-fusion over Comic-Con

A cloud looms over this year’s San Diego Comic-Con. And it does not come from super-villains wanting to vanquish a team of masked heroes as part of their plan for world domination.

The battle over “what’s in a name” is all too real.

Sandwiches and sick leave

The poster read, “Can’t tell the difference? That’s too bad because Jimmy John’s workers don’t get paid sick days. Shoot, we can’t even call in sick. We hope your immune system is ready because you’re about to take the sandwich test.”

With the text was an image of two identical pictures of sandwiches, claiming that one was made by a healthy worker and the other by a sick sandwich maker. The depictions flew in the face of the company’s tagline of “Freaky Fresh.”

Five ways to avoid costly business litigation

Few things threaten the reputation and financial stability of a small business more than litigation. Becoming embroiled in a courtroom dispute can swiftly sap resources and derail production. However, litigation is not inevitable. Savvy business owners can take certain steps to minimize the potential for internal and external conflict.

According to Smart Business magazine, these are a few of the most important steps that business owners can take to avoid litigation:

Avoid these six deadly pitfalls when starting a business

Few endeavors are more challenging or create a greater sense of accomplishment than starting a small business. However, a recent article in Entrepreneur offers valuable insight into the most common mistakes people make when doing so.

Here are six critical pitfalls to avoid:

8 steps for developing the perfect company logo

A logo is far more than a decorative mark to spruce up a letterhead or fill space on a billboard. A logo is a symbol that allows consumers to instantly identify your business. It also calls to mind everything your business stands for in the eyes of the public.

Because a logo can make such a strong, instantaneous statement, it is well worth investing a little time and thought into creating the right one for your company. Here are eight tips from Entrepreneur for doing so:

The post-Supreme Court ruling future of offensive trademarks

As with any Supreme Court decision, the recent ruling striking down a 70-year ban on the registration of disparaging trademarks has wide-ranging effects. Most prominently, the Washington Redskins, an NFL team who lost their trademark due to its offensive nature, may likely become the one of the largest beneficiaries.

Businesses on the fringe of what is deemed “acceptable” may use it to their benefit as well. The ruling is equally advantageous to red-light sector companies who are in the business of shock value, branding themselves with racy or potentially offensive names.

Avoiding the common disputes between franchisees and franchisors

Similar to any form of business partnership, the franchisor-franchisee relationship presents significant risks. Once an agreement is signed, possible obstacles and disputes loom in the future.

Avoiding legal battles may be impossible. However, both sides can avoid contentious relationships by learning from history. Not only should franchisors and franchisees know the common disputes that often arise in an agreement, but also be proactive in avoiding contentious litigation.

Brand names in everyday use: When do trademarks become just words?

As every business owner, marketing expert and "Mad Men" fan knows, a lot goes into building a successful brand. There's the name, imagery, typography, colors, symbols, taglines - all of which work together to (ideally) make the brand instantly recognizable.

Trademarks are designed to protect these unique representations that set brands apart. In light of the time, money and effort that go into making a memorable brand, it's well worth the investment for businesses to safeguard this valuable intellectual property by registering their trademarks.

A horrific legal battle over the rights to a movie franchise

In the Friday the 13th series of films, victims fearful for their lives did everything they could to get away from a lumbering giant named Jason. Thirty-seven years later, his alleged creator wants the monster in a hockey mask to come back.

Victor Miller, the original scriptwriter for the first film, is seeking to reclaim the movie franchise rights. Whether Jason comes along for yet another ride is another question.

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Robert Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the May issue of The American Lawyer & Corporate Counsel magazine.Alex Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the December issue of The American Lawyer & Corporate Counsel magazine.

*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.