Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

31 Oct 2020

Small Packages - Great Idea

The University of California, Irvine

 













Jane Lambert

The University of California is a federal university with campuses spread across a wide geographical area rather like the University of Wales.  I was at the University of California, Los Angeles (UCLA) which has recently celebrated its 100th anniversary.  Another campus of the University is the University of California, Irvine (UCI)   Graduates of the several campuses of the University living in the United Kingdom are kept in touch with their almae matres and with each other by the University of California, Trust (UK).

Yesterday the Trust sent me an email headed "University of California Events - Oct 30-Nov 13, 2020". One of those events was an interview with a UCI graduate called Julie Schecter entitled "Entrepreneurship with Julie Schecter - UCI" at 20:00 UK time that very evening.  It continued:

"Learn the challenges and rewards of starting a new business with Julie Schecter '07, founder of Small Packages during this Campuswide Honors Alumni Chapter webinar."

As I specialize as an intellectual property lawyer in advising startups and other small and medium enterprises on protecting their intellectual assets (brands, designs, technology and works of art and literature) with intellectual property rights and also on exploiting and enforcing those rights I registered for the webinar.  I wanted to see what I could learn and also whether I could contribute to the discussion.

Although I am many decades older than Julie, we have two things in common.  We are both lawyers and we share a love of dance.  Julie read law at Harvard Law School which is one of the best in the United States and probably the world whereas I read for the English Bar at Lincoln's Inn in London.  She was a dance major at UCI.  I studied economics, modern and medieval history and moral philosophy at St Andrews graduating with honours in US history(which is why I went to graduate school in the USA). However, I helped to found the University Dance Club some 50 years ago and learned how t do my first pliĆ© as an undergraduate. I still attend ballet class several times a week at age 72 and I blog about dance in Terpsichore. 

Julie's business is called "Small Packages".  She founded it in 2018.  It is basically a gift service for those who want to congratulate their friends, relations and acquaintances when something good occurs in their lives such as an engagement, birth or birthday, or commiserate when something unpleasant happens like a bereavement or illness.  Gift boxes come in three sizes: US$35 (£27.04),  US$55 (£42.48) and US$100 (£77.25),  The US$35 birthday box, for example, contains a handwritten card, candles, sweet and salty crackers (wafer biscuits), Elizabeth Gilbert's Big Magic and a "happy mask",  The US$100 "This is the worst" box contains a handwritten card, chocolate shortbread, hair turban, Mari Andrew's Am I There Yet?, fuzzy socks, a key chain, candles and tea.  

Julie describes her mission as "Take a huge bite out of the loneliness epidemic" which is a lovely idea, particularly in a country as big as the USA when a close friend or relation may be many thousands of miles away.  Her service must be especially welcome with current travel and contact restrictions.  Indeed, one of her gift box range is designed for folk in quarantine.  

I had intended to ask Julie about raising capital as that is a problem for many of my clients who have similar businesses to Julie's.  However, someone asked that question just as I was about to type mine.  Her initial investment came from friends and family. More recently she has raised money through crowdfunding.  I did, manage to ask her a question about intellectual property,  I asked her whether she had incorporated intellectual property into her business plan.  She replied that she had.

The reason I asked that question is that a Mr Trademan of the US Trademark and Patent Office (yes that really is his name) posed it to an audience of entrepreneurs at a videotaped lecture entitled Basic Facts 01: What Every Small Business Should Know Now, Not Later (USPTO),  Mr Trademan asked his audience of entrepreneurs and business owners how many of them had a business plan. There was a forest of raised hands.  He then asked how many had incorporated trade marks into their business plans.  Not a single person raised his or her hand.  Julie had been very prudent in incorporating IP into her business plan right from the start but such prudence is very rare on this side of the Atlantic as it was in Mr Trademan's audience.

Julie's company has a lot of policies that I like.  For instance, she sources at least 10% of her supplies from businesses owned by African Americans.  Rather than hire expensive consultants and contractors she teaches herself some basic skills.  She taught herself digital marketing to conduct social media campaigns.  As she says (and as I tell my clients) there is an enormous amount of information on the internet on business topics and much if it is free or inexpensive.  In this country, I recommend the Business and IP Network at the British Library and its regional partners.

The chair, Arlene Ho, asked Julie why and how she changed from law to business.  She worked for a good law firm and enjoyed her job but she wanted a different challenge,  Her first business was actually in dance but it did not develop as expected.

I thoroughly enjoyed the webinar and I am very grateful to Arlene or her colleagues for announcing it in the UC Trust (UK) newsletter thereby allowing graduates of other UC campuses in the UK to attend. Not much good has come out of this murderous pandemic but perhaps the opportunity to attend webinars such as this (which I would not otherwise have attended) is part of a very threadbare silver lining.  I wish Julie every success with her venture and Arlene and her colleagues at UCI all the best with their future webinars.

10 Jun 2017

Auntie Jane's Trade Mark Tips: No. 3 - Where to find the Law

Wildy's Book Shop
Photo Elisa Rolle
Creative Commons Attribution-Share Alike 4.0 international licence
Source  Wikipedia























Updated 23 May 2022

Jane Lambert

Obviously, you find law in a law book and you find law books at a legal bookseller.  And here's a picture of one that is nearly 200 years old. Wildy & Sons positioned strategically between the Royal Courts of Justice and the barristers and other legal professionals of Lincoln's Inn is one of the sights of London. It is almost next door to The Seven Stars, one of the best and oldest pubs in London.

But I digress.  This is what you could ask for were you ever to visit Wildy's.

In Auntie Jane's Trade Mark Tips No 2, I told you about Briitish trade marks which protect brands in the UK only and EU trade marks which protect them throughout the whole of the European Union.

The law that governs British trade marks is the Trade Marks Act 1994. That Act has been amended several times since it was first enacted and you can find a convenient though unofficial consolidation on the IPO website at Unofficial Consolidated versionTrade Mark Act 1994 as amended.  The Act allows ministers to make rules for the operation of the Act which you will find in Consolidated Trade Mark Rules on the same website.  Our Act was passed to give effect to the Trade Mark Directive (Directive 2008/95/EC) which is the ultimate source of our trade mark legislation.

The law that governs EU trade marks is Council Regulation (EC) No 207/2009 of 26 Feb 2009 ("the EU Trade Mark Regulation"). If you compare the Regulation with the Directive you will find many similarities. That is not surprising because both sets of legislation were made by the European Council and both need to comply with international agreements such as the Paris Convention for the Protection of Intellectual Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS").

From time to time disputes arise as to the meaning and effect of the above legislation which sometimes go to court. The ultimate authority on EU law is the Court of Justice of the European Union. The highest court of the United Kingdom is the Supreme Court.  Important decisions are also made by the Senior Courts of England and Wales, their equivalents in Scotland and Northern Ireland and IPO hearing officers.  You will find most of the relevant decisions on the British and Irish Legal Information Institute ("BAILII") website.

You will find my other tips indexed here.

If you are an entrepreneur, business owner or anyone else seeking guidance on UK trade mark law, I can give you up to 30 minutes of my time for initial advice and signposting. That may not be enough time to dispose of your issue but it should be enough to define it and assess what further assistance you need, what sort of professional is best placed to supply it and how and where to find such assistance.