Nationally Offered Services

TRADEMARKS:

Evaluation, Consulting, & Registration

If you have already selected your paleo business’s brand, and now you’re interested in learning whether the brand you’ve selected is likely to achieve federal trademark registration, we’re here to help! Kristen Roberts, the Paleo Attorney, will evaluate your proposed trademark and let you know whether you will run into any problems during the registration process.

Additionally, if you’re interested in filing for trademark protection with the United States Patent and Trademark Office, we can help with that too! The Paleo Attorney can help you research, prepare, and file your application at a price that won’t break the bank!

Kristen’s combined legal know-how and experience in the Paleo industry gives every Paleo business owner the advantage of an attorney who understands your business’ structure and mission, while still providing the intellectual property, corporate, and employment support every business owner needs.

Trademark Policing and Protection

If you are a busy business owner in the Paleo world, then chances are that policing your hard-earned trademark are not high on the priority list. Between recipe development, writing, blogging, product development, appearances, and building your business, there is likely very little time to keep track of all the rip-offs out there. The sad truth is that securing a trademark doesn’t stop people from stealing. That’s where the Paleo Attorney comes in! Kristen successfully polices various trademark portfolios for many Paleo business owners. Through cease and desist letters, Trademark Trial and Appeal Board cancellation proceedings, and even litigation, Kristen can help you stop people from stealing your valuable intellectual property.

Trademark Maintenance

For those paleo businesses owners that already have a federally registered trademark, there are certain requirements you must meet in order to keep your registration active on the United States Patent and Trademark Office’s principal register. The Paleo Attorney can help you with your declarations of continued use, incontestability, and renewals.

In addition to your Section 8 declaration, you are also eligible to request incontestability of your trademark between the fifth and sixth year of registration.  This is called a Section 15 declaration. While it is not required, it is helpful to file both your Section 8 and Section 15 declarations simultaneously. If filed, a Section 15 declaration will make a trademark on the principal register more difficult to challenge and establishes ownership of the mark for the uses identified in the declaration.

Section 8 and Section 15 declarations are important aspects of maintaining your trademark registration. Failing to file a timely Section 8 declaration will result in the cancellation of your trademark. Once your mark has been canceled, there is no revival process. You must start the filing process over. Don’t lose your trademark registration! Let Kristen help you maintain your paleo business trademark portfolios.

Registrations

Did you know that any time you create something in a tangible form (eg. a paleo product, e-book, cookbook, photograph, etc.) you are automatically afforded a copyright? However, the protections you are afforded are not as great as those provided to registered copyrights. Let the Paleo Attorney help you register your copyright and protect your creations!

Infringement Evaluation and Policing

Nothing is more frustrating than seeing someone take your creative works and try to pass them off as their own. The Paleo Attorney can help evaluate various copyright infringement matters, and craft a custom plan of attack unique to your particular situation. No canned responses, or boilerplate cease and desist letters. Kristen can help ensure your unique works are protected.

Digital Millenium Copyright Act Takedown Notice

Have you ever run across a website with your EXACT content on it? Ever wondered what to do about it? Well, fear not! The Digital Millennium Copyright Act (DMCA) is a piece of legislation that falls under the purview of copyright law in the United States. A DMCA takedown notice provides copyright owners the right to have infringing material taken down from the internet. Kristen has extensive experience both sending notices and coaching clients through DMCA takedown notice procedures. Let the Paleo Attorney help you appropriately send your DMCA takedown notice.

Fair Use Evaluations

Just because someone is using something that you created, doesn’t necessarily mean it constitutes infringement. In fact, there are certain defenses to a claim of infringement. One of those defenses is fair use. The fair use doctrine allows someone to use another’s copyrighted material without being liable for infringement. Let the Paleo Attorney help you make a determination.

Licensing Agreements

Now that you’ve created and protected your paleo material subject to copyright and trademark protection, you may want to consider entering into various licensing agreements to help you earn income from your labor. The Paleo Attorney can help craft licensing agreements that can provide you passive income, while protecting your valuable intellectual property.

General Contract Review:

Every Paleo business owner knows that whether they are selling a product, developing a new recipe, writing a cookbook, or promoting a blog, that inevitably, you will run into a contract. Contracts are all unique to a particular situation, and while there are common types of agreements, no one contract is the same. Don’t get caught in a bad agreement, because you did not understand the terms. Let the Paleo Attorney help! Kristen’s experience in the Paleo industry provides you with customized representation that will help you avoid potential pitfalls.

The Paleo Attorney can help review, draft, and modify:

  • Vendor Agreements
  • Licensing Agreements
  • Distribution Agreements
  • Name and Likeness Agreements
  • Publishing Agreements
  • …plus many more!

Terms of Service/TERMS OF USE–

Many Paleo business owners are starting their own diet/exercise programs they intend to offer to the world. Don’t make the mistake of using a disclaimer/terms of service you found from someone else’s website. Let the Paleo Attorney help you! For a fixed fee, Kristen can craft a disclaimer that is unique to the program you are developing. She can also draft terms of service/terms of use for any websites where you are offering products/services.

California Specific Services

Employment Revisions & Review:

Critical employment documents

For those of you with California-based businesses, the federal and state-mandated labor and employment requirements can be confusing, burdensome, and voluminous. Often times, business owners are not well-versed in these requirements, which results in missing documentation that can prove disastrous down the road. Thankfully, the Paleo Attorney helps employers develop a bank of custom documents unique to your California business’ needs, that ensure your investment is protected and remains in compliance with both state and federal laws.

Harassment and discrimination training, policies, and investigations

The Paleo Attorney will help you develop a method for handling employee complaints and concerns that are unique to your business, and will also help you implement that plan, and issue a written recommendation to keep you legally compliant with California and federal law.

Employment document and handbook review and revision

Kristen, The Paleo Attorney, believes the best offense is a good defense. Therefore, we not only provide your paleo business with principal employment documents from scratch, but we also review and revise those documents you may have already created and are currently using in your business.

Employment termination services

Kristen can provide guidance to paleo businesses that are looking to terminate an employee to ensure the process is legal, fair, and resolved quickly.

Publishing Contract Review and Negotiation:

Getting a book deal can be very exciting. However, once you receive the publishing agreement, you may not be as excited. Publishing agreements are incredibly complicated documents, and without the proper representation, there is a good chance you will not get the best deal possible for you! Let the Paleo Attorney help you with a review of your publishing agreement before you sign. Kristen can help translate all the legal mumbo jumbo into something you can understand. She can even help communicate changes you would like to see made to the publisher. Don’t give up valuable deal points just to save a few bucks in the short term!

Business Entity formation

As a Paleo business owner, you most likely got into the business to help people. You never expected it to turn into a real business, and now that it has, you’re not sure whether incorporation is a good idea. Let the Paleo Attorney help you! Kristen can evaluate your business’ growth, and help you decide whether incorporation is right for you. She can also help you decide what kind of business entity to choose, and will also form the business – For one fixed fee! No more uncertainty over a phone call to your lawyer. Work with someone who knows your business and wants to help you succeed!