Articles and Insights for Colorado's Small Business Community from the Pote Law Firm

Articles for Entrepreneurs, Startups and Small Businesses

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July '19

Registering Immoral or Scandalous Trademarks after the FUCT Decision:

July 1st, 2019 • by Jeffrey Pote

Last Monday, in a 6-3 decision, the Supreme Court issued its opinion in Iancu v. Brunetti, holding that "the Lanham Act's prohibition on registration of 'immoral or scandalous' trademarks violates the First Amendment." As a result, there is no longer a bar on registering marks with the United States Patent and Trademark Office ("USPTO") that consist of or comprise offensive, obscene, profane, vulgar, or otherwise scandalous words or images. In making this determination, the Court reexamined the logic of its decision in Matal v. Tam…

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Jun '19

Independent Contractor Agreements: When Actions Speak Louder than Words

June 7th, 2019 • by Jeffrey Pote

Startups and small businesses are often cautious of taking on additional employees. This may leave potential employers wondering whether they can simply reach an agreement with individual workers who will be classified as independent contractors instead of employees. However, in Colorado as elsewhere, things aren’t quite so simple. In Colorado, there is a presumption that workers are employees…

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Apr '19

Top 5 Reasons Why You Need a Solid Privacy Policy

Apr. 25th, 2019 • by Jeffrey Pote

You've designed a website for your business. Or, maybe you've developed a mobile application (app) to help you connect with your customers. If so, you may be wondering whether you should have a privacy policy. If you're interested in learning more about whether you need a privacy policy for your website or mobile app, below are the top five (5) reasons to develop and implement a solid privacy policy…

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Apr '19

Drafting LLC Operating Agreements to Avoid Judicial Dissolution

Apr. 3rd, 2019 • by Jeffrey Pote

At the end of March, the Fifth Division of the Colorado Court of Appeals upheld the dissolution of four limited liability companies (LLCs). The only members of the LLCs were a mother and son, and their relationship had deteriorated to the point that they each had sought judicial assistance to help resolve their business disputes.…

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Mar '19

Creating Enforceable Internet Agreements: Web Design for Proper Notice and Acceptance

Mar. 22nd, 2019 • by Jeffrey Pote

With the rise of the Internet has come a proliferation of Internet Agreements. Nearly every website you visit has one, making these agreements as ubiquitous as the Internet itself. Online retail and other Internet-based businesses have been growing steadily in recent years. But, these days even…

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Feb '19

Using Trademarks to Protect Your Brand: How to Create a Strong Mark

Feb. 28th, 2019 • by Jeffrey Pote

Trademarks and the brands they protect are important business assets, but trademark rights are not always well understood by startups and other small businesses. This is somewhat paradoxical since trademarks are uniquely business-based creations - they cannot exist apart from their use in commerce. They are also a relatively cheap way to increase your business's value…

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Feb '19

Understanding Apparent Authority: How an Unauthorized Partner can Bind Your Business

Feb. 13th, 2019 • by Jeffrey Pote

Valentine's Day is just around the corner, so this seems as good a time as any to discuss relationships. But I'm not talking about romantic relationships - although there may be a bit of that. I'm talking about business relationships - specifically the principal-agent relationship. Principal-agent relationships arise in a variety of business situations…

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Jan '19

Colorado Data Breach Notification (2018 Update)

Jan. 28th, 2019 • by Jeffrey Pote

Today is Data Privacy Day, a day promoting the importance of - as the name suggests - data privacy. In a world of online and digital everything, consumers increasingly have to rely on businesses to protect their most sensitive information. As consumers we deserve to be protected, but satisfying these escalating demands is often a challenge for business owners…

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Jan '19

Colorado Data Privacy Law (2018 Update)

Jan. 9th, 2019 • by Jeffrey Pote

The first entry of this new year looks back at a significant legal development of the last. As a part of a larger trend in 2018, Colorado updated its Consumer Protection Act (C.R.S. § 6-1-713) in order to strengthen protections for consumer data privacy. The law imposes new and significant requirements on businesses, both large and small. The Denver Post…

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Dec '18

Giving "Maximum Effect" to Operating Agreement Terms

Dec. 29th, 2018 • by Jeffrey Pote

The title for this entry comes directly from the language of the Colorado Limited Liability Company Act (CLLCA). Through this language the CLLCA requires, to the greatest extent consistent with the law, that the terms of an operating agreements control over the provisions of the Act. For this reason, LLCs are generally considered "creatures of contract"…

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Dec '18

The Current State of Veil-Piercing Law (Colorado)

Dec. 27th, 2018 • by Jeffrey Pote

Many business entities offer owners personal liability protection. As a result, ownership is not personally liable for business debts, obligations or acts. However, this personal liability protection may be legally disregarded in certain circumstances according to a theory of veil piercing. This initial blog entry examines the current state of veil-piercing law in Colorado in order…

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