Intellectual Property

Lately, a few of my start up clients have encountered hang-ups related to intellectual property. Intellectual Property is the bundle of rights and privileges associated with trademarks (names and logos), copyrights (works of art, music, literature) or patents (inventions and secret formulas). Whenever a business is deciding to choose a trade name, it is imperative to conduct a thorough search to determine if someone else already has intellectual property rights associated with the prospective name.

Sadly, it is often very difficult to make changes to a logo or name once the business is rolling along. The best strategy is to create an original name and identity from the beginning.

4 Phone Calls

Today, I could not access my site and some weird stuff was going on. I suspected the worst…that I had been hacked. I made 4 phone calls.

  1. Dane Sanders He is a smart guy, who is easy to contact, and is eager to help. Plus, he is a Pastor, and it never hurts to have a man of the cloth on your team. He gave me the plan for the remaining 3 calls.
  2. GoDaddy My host company. Got connected to a live voice in 2 minutes. Assured me I was not hacked. Left me on hold for 20 minutes before I was disconnected.
  3. Verizon My ISP. Got connected to a live voice in 5 minutes. Assured me I was not hacked. I had to end call because my kids were hungry and I sensed I was getting nowhere.
  4. Netgear My router’s manufacturer. Spoke to a wonderful woman in India who gave me free advice, a free upgrade, and freedom from my website access chains. She fixed the problem and thanked me for doing a wonderful job.

Wise Estate Planning

Dan was a single guy living at home with his father and working in the
family business.

When he found out he was going to inherit a fortune when his sickly father
died, he decided he needed a wife with which to share his fortune.

One evening at an investment meeting he spotted the most beautiful woman he
had ever seen. Her natural beauty took his breath away. ‘I may look like
just an ordinary man,’ he said to her, ‘but in just a few months, my father
will die and I’ll inherit 20 million dollars.’

Impressed, the woman obtained his business card and three days later, she
became his stepmother.

People are Good

Every night, as I exit the parking lot where I work, I have to make a right turn.  Because of road work, I have to wait for a car to let me into the line.  Often, those cars have been backed up for 2-3 signal cycles.  Inevitably, a good citizen will slow down and wave me in.  This moment in my day, which has gone on for at least 5 months, reminds me that people are good…despite how the world steers them.  In the midst of rush hour and having already waited a few minutes, someone is always willing to let me in front of them.  I realize that kindness is a choice and I am encouraged to make that same choice for the right turn makers in my life.

The Other Wise Man

Every Christmas season, I enjoy listening to the Soul Train Christmas Starfest CD and I really enjoy reading The Other Wise Man, by Henry Van Dyke. This is a story, written in 1895, about a fourth wise man who journeyed to find the Christ and encountered truth and perspective along the way. It’s a great holiday story and I encourage you to discover it. Click here to read the story online.

The Public Trust

When it rains, it pours. I don’t remember ever learning about, discussing, or understanding the Public Trust.  However, this week it has been referenced three times.

The Public Trust is the notion that the public has a certain confidence in the powers and decisions that reside with government officials…a trust that “they” will do what is best for the public.  Often, we hear someone “violating” the Public Trust.

As a lawyer, I feel connected to this concept of public trust.  The oath that officially made me an attorney affirms that I will support the Constitution of the U.S. and the Constitution of the State of CA, and that I will faithfully discharge my duties of an attorney to the best of my knowledge and ability.  Think of the millions of lawyer jokes that would be humorless if my profession stood by its oath.

Interestingly, only one client has asked me if I really was a lawyer.  Good for him.  He had the right to know if I was licensed and if he could trust my advice.  I showed him my diplomas, bar card, and the website where he could verify my credentials.

In all that I do, I strive to uphold the law and the confidence of my clients.  This gets worked out in how I answer the phone, send a bill, return an email, and give candid counsel.  I value the Public Trust and I hope that you will value my efforts to promote it in my practice.

My First Tooth

I was recently honored in being able to pull my first tooth. Normally, this privilege is reserved for my wife (the gentle choice), my brother (the popular choice) or the school nurse (the emergency choice). However, this time, my son, Fischer wanted me to pull it…and it made me feel great. So as not to disappoint and ruin my chance for a repeat request, I was patient, calm, and distracting, and punched him when he wasn’t looking.

While my wife and daughters did not appreciate my tactics, my son was relieved to have a new spot to park his tongue.

‘Tis the Season

While I was putting up some Christmas lights today (we’re going with the “less is more” approach), I was wondering if there were any laws regulating the use or abuse of lights during the Holiday season. Apparently, in California, there are no restrictions against Christmas lights, as long as you don’t live in San Diego and as long it is not past February 2nd. After that date, I read where you could get fined $250. I encourage anyone who receives such a fine to claim that you were putting them up early for the next Christmas season…as this appears to be lawful.

Books I am reading

  1. Pontoon by Garrison Keillor - Not bad.  Funny at parts.  Clever.  He’s one of my favorite writers and I’ll read anything he writes.  This one isn’t one of his best.
  2. Bluebird Rising by John DeCure - just finished it.  This author writes good novels about a surfing lawyer living in the OC.
  3. unchristian by David Kinnaman - just started it.  Interesting and telling data of “what a new generation really thinks about Christianity…and why it really matters.”
  4. Words of Wisdom by Rev Run - These daily affirmations of faith are great.
  5. Gerrard, My Autobiography by Steven Gerrard - Having a hard time finishing it.  Here is a top notch English footballer who I admire less after reading what he has to say.

Pass the Turkey and I’ll tell you about my Estate Plan

GraciasDuring this holiday season, you will probably be surrounded by your family and relatives. And there is a better than average chance that you will all be present together for a meal, or two. During these times, why don’t you get the conversation ball rolling by throwing out information about your estate plan? While it may sound like an odd thing to discuss, it is never an odd time to discuss these important matters. Your family needs to know that you have an estate plan. They need to know where you keep your documents. You don’t necessarily need to disclose the contents of your estate plan, but it is important to let them know that you’ve taken the steps to make your passing a smooth transition for the family. Your loved ones will appreciate the information. It may even encourage them to visit an attorney to get their own estate planning done.

My family started a tradition in meeting once a year to discuss family issues and estate planning. We got the idea from the book, Family Wealth - Keeping it in the Family, by James E. Hughes, Jr.. Why don’t you start the tradition in your own family this holiday season?