Did you know that every public establishment, including bars and restaurants, must obtain licenses to have live or recorded music play in their business? The licenses are not difficult to get, but if you don’t pay for them you can be sued for playing music in your establishment. Recently, ASCAP (American Society of Composers Authors and Publishers), a performing rights society that manages the public performance rights for its members, sued thirteen bars and restaurants around the country for not paying for its license.Read More
Everybody loves arcade bars. These trendy gathering places mix drinking and socializing with video games and nostalgia – appealing to a wide variety of patrons. The easy shorthand portmanteau, “barcade,” is often used to describe these establishments. However, have you ever noticed that the term barcade is actually rarely used in the names or advertising for the establishments?
As you may expect from a blog on legal topics, there is a legal reason for this – BARCADE is a federally-protected trademark for arcade bars owned by a company in Brooklyn, NY. Not only does this establishment own exclusive rights to the term, but this business actively – and some would say, aggressively – polices and enforces against unlicensed use of the term by sending cease-and-desist letters to establishments it thinks are infringing on its mark.Read More
Facebook has received a number of recent privacy complaints, with repercussions ranging from increased public scrutiny to monetary fines including a €500,000 ($644,000) fine by the UK’s Information Commissioner’s Office (ICO) in 2018 – the maximum penalty under the UK’s data protection legislation. The fine was levied after the ICO discovered that Facebook failed to keep the personal information of its users secure by allowing third-party developers access to user information without user consent.Read More
Deciding whether to start a business on your own or with partners seems like a basic threshold question. But sometimes what might seem like a simple concept can have major legal implications. For startups and small businesses, a single-owner business is relatively basic to start, but as soon as there are more owners involved, there are instantly more issues that need to be dealt with including what do with your LLC Operating Agreement.Read More
In an LLC, the operating agreement typically dictates what happens to a member’s interests when he or she dies or becomes incapable of serving in their current role. If an operating agreement is silent, state law will govern what happens. In some states, a LLC must dissolve upon the death or resignation of a member. In others, including Ohio, the executor of the deceased member’s estate has the power to determine what happens to the business interests. In order to avoid any unforeseen consequences, it is important to make sure that all potential consequences are considered, and that the member’s intentions are clear.Read More
Our intellectual property and corporate attorney Scott Brown recently presented at the Columbus Shopify Meetup hosted by the Electric Eye Agency. Scott’s presentation, “The Risks of Creativity – How to Protect Yourself and Avoid Infringement,” focuses on intellectual property issues related to web-based businesses. This highly informative video covers the following topics: Trademark Copyright Photography…Read More