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James Creedon

Online service providers which permit third-party posting of material, such as websites hosting user video content or blogs allowing users to post comments, run the risk of storing materials on their systems which constitute copyright infringement. The Digital Millennium Copyright Act, or DMCA, provides "safe harbors" from allegations of infringement if these providers identify an agent to receive copyright complaints and also register that agent in the Copyright Office DMCA Designated Agent Directory.

Although the Copyright Office previously had a paper system by which providers could register, it is transitioning to a fully digital online system as of January 1, 2018. Importantly, the Copyright Office has made clear that "any service provider that has designated an agent with the Office prior to December 1, 2016, in order to maintain an active designation with the Office, must submit a new designation electronically using the online registration system by December 31, 2017. Any designation not made through the online registration system will expire and become invalid after December 31, 2017."

If your business permits third-party posting of content, you should take steps to designate your DMCA Designated Agent prior to the turn of the year. Keep in mind, however, that this is only part of the plans—you should take this time to review your website terms of use and privacy policies, confirm the Designated Agent information on your site itself, and make certain that all contact information is functional.

An experienced intellectual property attorney can provide an overall review of your website and identify necessary corrections, saving you time and extra work down the road. A 2018 resolution to address website deficiencies may be the best investment you make in the secure growth of your business.

James Creedon
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22048020_1240921356012847_5011391703649342539_o.jp Creedon with the pack he carried over 170 miles in support of veterans.

MAJ James Creedon and son EmmettMajor James Creedon, an officer in the United States Army Reserves and an attorney with Creedon PLLC in Frisco, recently completed a 170-mile foot race to raise money for veterans. Run over seven days, the Grand to Grand Ultra is a self-supported stage race in which participants carry their entire supply of materials on their backs as they trek from the North Rim of the Grand Canyon to the Grand Staircase in Utah. Creedon successfully completed what has been listed as one of the hardest running races in North America to raise money for GallantFew, a Texas charity dedicated to assisting veterans with a peaceful, successful transition from military service to a civilian life filled with hope and purpose.

Speaking of his accomplishment, Creedon said "as difficult as the race was, it was nothing compared to some of the obstacles our servicemembers face as they complete their service and return to civilian life. GallantFew has made a remarkable contribution to veteran success, and I am proud to support them in their efforts." As to the race itself, Creedon made clear that running for such a distance is more than an individual feat. "With runners from 26 different countries working together for a common goal, I did my best to carry my share and to represent the Army values and the spirit of Texas. Texans have a long history of strong-willed determination to succeed, but we always look out for our neighbors and share the load as a family. We saw it recently in Houston, and I believe every person I ran with will go home knowing that a Texan will always do their best to help others."

As a graduate of the U.S. Army Ranger School, and as a New York City paramedic who was a rescue worker on September 11th, 2001, Creedon is no stranger to challenges or to service in a larger cause. He recently completed two years as an appointed member of the McKinney Armed Services Memorial Board, and his law firm Creedon PLLC provides pro bono legal services to individuals in need. This most recent effort, however, gained national attention and was covered in national online and print media such as Military Times. "I sincerely hope I've inspired other members of my community to take on a challenge to support those in need, and I encourage people to visit my donation site to make a contribution to GallantFew."

For more information, please contact Creedon PLLC at contact@creedonpllc.com or call 972-850-6864.

James Creedon

Managing Attorney James Creedon's efforts to support veterans transitioning into the civilian world received attention from Military Times in an article published on September 11, 2017. Please click through to the original article here.

James Creedon

On August 25th, Creedon PLLC Managing Attorney James Creedon spoke at the Drake Law School event Tech Startups: Navigating the Legal Maze. Drawing on his years of experience working with new businesses, James focused on the legal complications that arise in coworking spaces, and offered lessons on how to counsel businesses making the leap from coworking spaces to standalone success. A copy of the presentation is available here.

James Creedon

As American businesses continue to express interest in Cuban markets (see, for example, my previous article in Texas Lawyer), it is easy to forget that trademark disputes can go in both directions.  Just as U.S. companies are interested in intellectual property protection for their own brands as they expand into this opening market, Cuba is making its own moves to push back.  The U.S. Patent and Trademark Office’s recent decision regarding Havana Club is illustrative, and speaks to the challenges that will inevitably arise as relations thaw.

Companies seeking to expand into international markets, or concerned about the effects of international trademarks on domestic interests, could benefit from discussing these matters with qualified trademark counsel.  Available services can include trademark screening, portfolio monitoring for existing marks, and intellectual property inventories to determine the full-range of options for protecting these valuable assets.

— James Creedon

James Creedon

Leaving the military and starting your own business is a double leap of faith. The first jump, deciding to leave active duty, requires you to envision a plan for your life outside of the day-to-day structure you have spent years adjusting to. The second jump, starting your own business, adds the additional challenge of putting your success or failure completely on your own shoulders.

The good news is that countless veterans like us have taken these same jumps and have been astonishingly successful. Military experience gives us the ability to adapt and overcome, and that tenacity is a major contributor to business success. The bad news is that many of us left the military expecting a certain experience, and quickly found ourselves facing obstacles we did not anticipate.

In my best effort to make you successful and orient you to these obstacles, here are five things to keep in mind as you make the leap:

  • Welcome to your new country – try to learn the language. When I left the Army, I spoke a certain language (pop smoke, 50-meter target, high speed, etc.). The language I didn’t speak was business . . . or civilian. For many of us, certain behaviors found in the civilian workplace are completely unexpected, and we may find ourselves resisting them or even feeling smug at our superiority. You are now in a foreign land, and it is your job to learn the culture and the words to use.Even though you are starting your own business, try this exercise: ask a non-veteran you respect to do a mock job interview with you, in which they ask you to describe your background, experience, and plans for the future. The catch? Have them take notes of all the things that didn’t make sense to them. Do you say “brief” for presentation? Are you using job titles that have no civilian equivalent? Perhaps your mannerisms or slang don’t translate well? (I could have sworn that “squared-away” was a normal English phrase until someone asked me what it meant.)

    You have every reason to be proud of your military experience, and every opportunity to hang out with other veterans, but remember that we are a select few. Welcome to your new country.

  • No one cares that you are a veteran . . .  Surprised? Don’t be – the language of “thank you for your service” is a common nicety, and one I always appreciate, but that and a few bucks get you a cup of coffee. A common mistake is to believe that our military service will jump us to the head of the line when it comes to building our own businesses, and it is a hard lesson to learn that this just isn’t true. All businesses, every business, competes on quality and service to the customer, and no military record will make up for lack of business skills or poor planning. Will it help occasionally? Of course – but a poor plan is a poor plan, and a bad business is exactly that and nothing more.The takeaway? Assume you will get absolutely zero benefit from having served in the military and plan accordingly. Anything additional that comes to you will be a much-appreciated boost.
  • . . . except for other veterans. Surprised? Don’t be. Veterans love to help veterans. Sometimes it is because we miss the camaraderie of active duty. Sometimes it is because we actually believe that military service is a higher calling which makes you a more honorable person than those who never chose to serve. And sometimes we simply want to build our own businesses and realize that veterans helping veterans is a good way to earn some income. No matter the reason, remember this: when another veteran offers help, take it. It isn’t a handout or a sign of weakness – it is a continued mark of our bond with each other.A good way to help yourself and other veterans at the same time is to use veteran-owned businesses as your vendors. There are countless veteran web designers, accountants, attorneys, business plan counselors, graphic designers, and more. Using these vendors will support their businesses and will build your connections in a loyal community.

    That said, see number 2 above. Sometimes a bad business is a bad business, so don’t be afraid to say “thanks but no thanks” when another veteran offers to help you. We all know the guy/gal in the military who meant well but just didn’t quite get it – they’re still around.

  • Use the tools you have. There are so many free and low-cost opportunities available to assist veteran businesses that I could list them forever. Vet-to-CEOThe Jonas ProjectMy Ranger Biz – take the time to look into projects run by veterans to help veterans, and see if their services will benefit you. Sometimes the best thing they can do is let you know which resources are a great fit for your business model.Business counseling isn’t the only tool – you also have a host of government programs. Are you using the G.I. Bill to get further business training? Have you figured out that your veteran status could help you get government contracts? Are you aware of business loans geared towards veterans that have more favorable terms and lower interest rates? These programs exist for a reason – use them.
  • Don’t spend until you have to. As veterans, many of us like to have all the gear we think we need for a mission. I’m reminded of the guys who showed up to Ranger School with me and had three watches, four knives, and about fifty items they “heard” would help them.The same thing sometimes happens with veterans starting businesses. One day we have an idea, the next day we’ve spent thousands of dollars on courses, search engine optimization schemes, big office or retail spaces, long-term contracts with vendors, and more. Don’t do it.

    At the beginning, keep it lean and pack light. Every single dollar you spend needs to bring you value. For any vendor you talk to, try to get a free introductory rate or even a free trial. For professional services such as attorneys or accountants, ask for a very clear explanation of fees and seek a flat rate whenever possible. For bigger expenses such as equipment, inventory, or commercial leases, be exceedingly cautious with every dollar and remember that it is usually much easier to scale-up than scale-back.

You are making a big leap, but you aren’t doing it alone. Talk to others for advice, think carefully about each step, and remember: once you get up the wall, reach back and help the next veteran over the obstacle. Rangers Lead the Way!

James Creedon

James Creedon published an article in Texas Lawyer regarding the calculation of damages under the Texas Deceptive Trade Practices Act. Although the DTPA provides for treble damages in certain circumstances, the pleading must match up with the statutory language to permit these damages at trial. The full article is available at the Texas Lawyer website — here is the link.

James Creedon

Ambitious Radio, “Inspiring Conversations with Ambitious Entrepreneurs & Thought Leaders,” interviewed James Creedon on its most recent episode.  In a discussion ranging from the value of trademarks to lessons learned in the ancient saga of Gilgamesh, James offers helpful information for entrepreneurs seeking to protect their brands and grow their businesses. Click here to find the show notes and listen to the interview.

James Creedon

What is a brand anyway?

Think of your favorite local business — perhaps a coffee shop, restaurant, clothing store, or even that one gas station with the best donuts. Now picture it in your mind. What do you see? Most people will imagine the name of the company, the logo, and the colors they associate with it. All of these identifying characteristics of a business are part of its branding, fall under the legal category of intellectual property, and can be protected by trademark registration.

Why protect a brand?

Many small businesses do not seek out trademarkprotection for their brand, believing this is only something to think about once they are “successful.” Unfortunately, that can lead to an unpleasant letter stating “sorry — your business name has to change.” For the business, and its owner, this may mean:

  • new signage on the business
  • new logos on uniforms
  • a new website domain and edits to the existing site
  • new advertising materials
  • new business cards
  • new coloring for displays
  • legal expenses
  • lost time and energy

How to protect a brand

The ideal way to avoid these complications is to proactively protect the business brand by doing three things:

  1. conducting a diligent clearance search before choosing a brand to be confident it is available;
  2. filing for federal trademark registration on the name and logo for the business; and
  3. properly using the registered trademarks to strengthen the business brand.

Brand clearance

The first step in conducting a clearance search is to decide on a name or list of names for your business. Once you do so, spend time on the internet looking for other businesses using the same, or similar, name. Consider companies that may be related, but not directly on point. For example, a brewery may want to look at vineyards, distilleries, sports drinks, or even coffee roasters. Once you feel confident no other company is using the brand you want, speak with a trademark attorney to assist in searching state and federal trademark registries. In the United States, a company can file for trademark protection on a brand it intends to use in the future, and therefore may have protection on a brand without actually having launched it publicly yet. Don’t be afraid to ask for a flat rate on this work, as growing businesses need to be careful not to overreach on their budgets.

Trademark filing

Federal trademark registration provides protection throughout the entire United States, including areas where your business is not operating. For example, a local Dallas company obtaining federal trademark registration now has protection on its brand in Alaska, California, and Florida. In the age of the internet, “local” has lost some of its meaning — after all, problems with an identically-named business in Florida could result in consumer confusion. Imagine a local restaurant that is building a growing reputation for quality and community service. Now imagine an identically-named restaurant in another state has an outbreak of food poisoning leading to an uptick in its internet presence due to news coverage. Will a consumer, searching for that local restaurant, realize that the news article online refers to a completely different business?

Most trademark attorneys will provide federal trademark registration for a flat rate. This rate should include:

  • A preliminary clearance search;
  • Discussion as to the proper goods or services the business offers;
  • Gathering up evidence (called “specimens”) of actual use of the brand;
  • Preparing federal trademark filing paperwork; and
  • The mandatory government filing fee.

Notably, because trademarks are divided into classes (a class for barbershops, a class for perfume, etc.), your application may require more than a single class. This should be clearly explained, and you should have a clear understanding of both the total cost of the application and the long-term cost for trademark registration.

Once your mark is filed, the application will take three months, on average, to be reviewed by the United States Patent and Trademark Office. The good news is that, once granted, your registration date will look backward to the date you filed, so the delay is more of a nuisance than an obstacle to protection of your brand. Although the steps involved in obtaining final registration are beyond the scope of this article, a trademark attorney can provide general education as to how the process works.

Proper use

Once your business has registered its trademark, you now have the ability to mark your brand with the ® symbol. This symbol demonstrates to customers and competitors that you have obtained federal protection, and provides you with additional legal options when confronted by other businesses utilizing your brand. As a growing business, proper use of your brand can provide a shield against larger competitors, and can lay the foundation for future expansion into other states, franchising, licensing, or sale of the business. As the company grows, the brand can expand to new service lines and new goods, creating a trademark portfolio across a number of classes. A look at the Nike® brand will show you how far a mark can extend — from basketballs to water bottles, from clothing to cell phone applications, a properly-protected brand can obtain global reach while minimizing legal risk.

Conclusion

Protecting your business and its brand is a critical early step for long-term success. Taking proactive steps can prevent your company from receiving the dreaded “change your name” letter, and let you focus on what you do best — offering a great product to your community.

James Creedon

Creedon PLLC is proud to announce that James Creedon has been selected to the 2017 Texas Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.