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Charleston business owners looking for new customers, larger contracts, or a path into government procurement will have a timely opportunity this fall. The Opportunities 2026 Procurement Conference will take place on Tuesday, October 27, 2026, from[...]
A recent South Carolina Supreme Court decision involving Palmetto Bluff is a useful reminder that business contract language is not just “legal boilerplate.” For business owners, entrepreneurs, online sellers, retailers, and brand owners, the case is[...]
One of the most common trademark questions business owners ask is also one of the most understandable: “Do I still need a trademark if I already formed an LLC, bought the domain name, and claimed the[...]
Amazon sellers are used to dealing with surprises. Inventory delays, listing suppressions, hijackers, copycat products, random verification requests — none of it is fun, but most sellers learn to roll with it. A very different kind[...]
If you sell on Amazon, it’s easy to assume sales tax collection is always “Amazon’s responsibility.” In many states today, that is often true because marketplace facilitator laws require platforms to collect and remit tax on[...]
Amazon sellers often hear a frustrating refrain when dealing with listing hijackers, gray-market resellers, or storefronts that seem to pop up overnight: “If they’re selling real product, there’s nothing you can do.” That idea is usually[...]
The 13 Du Pont Factors: Similarity/dissimilarity of the trademarks in their entireties (appearance, sound, meaning, commercial impression) Similarity/dissimilarity and nature of the goods or services as identified in the application/registration Similarity/dissimilarity of established, likely-to-continue trade[...]
Charleston’s business community will gather on Thursday, April 23, 2026 for The Honors 2026, the Charleston Metro Chamber’s signature evening recognizing the organizations and leaders shaping the region. The event will be held at The Grand[...]
Charleston small business owners will have a timely opportunity to connect with local resources and explore growth opportunities at the City of Charleston Small Business Opportunity Expo on Friday, March 27, 2026, hosted at the Charleston[...]
For many entrepreneurs, naming a brand after a founder feels like the safest, most authentic choice. It’s personal. It’s memorable. It signals accountability. But in trademark law, a common first name can be a surprisingly risky[...]
Charleston will be in the spotlight this winter when Women in Restaurant Leadership (WiRL) brings its “Together Summit” to the Charleston Marriott. The event is scheduled for February 25–27, 2026, and is designed to connect and[...]
If you’re preparing to sell your business, you will quickly notice that buyers, brokers, lenders, and valuation professionals tend to gravitate toward one recurring metric: EBIT. It shows up in valuation reports, lender underwriting, pitch decks,[...]
A Series LLC sounds almost tailor-made for real estate investors and business owners with multiple product lines: one umbrella company, separate “buckets” of assets, and a promise that a problem in one bucket won’t spill into[...]
In January 2026, Charleston will host one of the leading national gatherings of mergers and acquisitions professionals. The AM&AA 2026 Winter Conference will take place at The Charleston Place in the heart of the historic district[...]
Another frequent question from Amazon online sellers is what happens if their trademark application is refused by the USPTO, or if they have been selling on Amazon without any trademark for Amazon Brand Registry. The first[...]
Online Amazon sellers often assume they must wait until they have a full federal trademark registration before they can apply to Amazon Brand Registry. That was closer to the truth when the program first launched, but[...]
Many online sellers wonder whether a trademark is truly necessary to succeed on Amazon or whether it is just another administrative hurdle. Under Amazon’s current rules, you cannot enroll in Amazon Brand Registry unless your brand[...]
On December 2, 2025, business owners, executives, and investors from across the Lowcountry will gather at the Daniel Island Club for Charleston’s 2026 Economic Outlook Conference - see here for more details. The program, led by[...]
South Carolina business owners are getting creative—raising capital without a bank, rewarding key talent, and de-risking growth by sharing the load. One way to do that is to invite a new partner to “buy in” to[...]
If your USPTO trademark application has been refused because “someone else already filed something similar,” you’re not alone—and you might be staring at a filing that never should have been there in the first place. In[...]
If you’ve tried to register a brand name or slogan and received a USPTO trademark refusal that says your phrase “fails to function” as a trademark, you’re not alone. Over the past few years, USPTO examining[...]
If you’re a startup founder, creative professional, or entrepreneur in Charleston or anywhere in South Carolina, chances are you’ve been told to “get an NDA” before pitching your idea or sharing your business model. But just[...]
As more government agencies and private institutions prioritize supplier diversity, certification as a Women-Owned Small Business (WOSB) or Women Business Enterprise (WBE) can open valuable doors for small businesses. Federal WOSB certification, administered by the U.S.[...]
fitness-icon-set.zip In today’s economy, entrepreneurship is booming. From gig work and side hustles to dropshipping, influencer brands, and online consulting, more people than ever are starting businesses. But while platforms like Etsy, Shopify, Amazon, and Upwork[...]
When a business loses an owner to death, the emotional toll is just the beginning. Without a plan in place, the financial aftermath can destabilize the company. Especially in businesses that are high in assets but[...]
The landscape of United States data privacy regulation is evolving at a blistering pace. Once, businesses only worried about California’s Consumer Privacy Act (CCPA); now by 2025, 20 states have enacted comprehensive privacy laws. In 2024[...]
In trademark law, establishing a likelihood of confusion often hinges not only on the similarity of the trademarks themselves, but also on whether the goods or services they identify are sufficiently related. Section 1207.01(a) of the[...]
In late March 2025, a high-profile trademark dispute erupted in the U.S. District Court for the Central District of California, pitting famed surf and lifestyle brand Lost International, LLC ("Lost") (a surfboard, surf accessory, and surf[...]
Selecting a trademark is a critical business decision. Companies often grapple with how to name their product or service in a way that attracts customers but also qualifies for trademark protection. One common approach is to[...]
The United States trademark landscape is evolving rapidly, with record trademark application volumes and new challenges reshaping strategy. Business owners, entrepreneurs, and online sellers face a crowded field of brands and changing rules at the United[...]
Are Coffee, Wine, and Hard Cider Related Goods In Trademark Law? The United States Patent and Trademark Office (USPTO) may refuse to register a trademark if it is likely to cause confusion with an existing trademark.[...]
FinCEN Extends Beneficial Ownership Information (BOI) Reporting Deadline and Plans Rule Revisions On February 18, 2025, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) announced an extension for businesses required to file their[...]
For many entrepreneurial individuals, gaining ownership in a company through “sweat equity” is an appealing alternative to investing cash or other resources. Sweat equity allows employees or key contributors to earn an ownership stake in the[...]
On December 3, 2024, a federal district court in Texas issued a preliminary injunction temporarily halting enforcement of the Corporate Transparency Act (CTA) and the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) regulations[...]
If you’re applying for or maintaining a trademark, changes are coming that you need to know about. Starting January 18, 2025, the U.S. Patent and Trademark Office (USPTO) will implement updated trademark fees. These changes will[...]
Before diving into the following discussion, it is essential to understand the differences between a word mark, a design/logo mark, and a work plus design mark (or a composite mark consisting of a word mark and[...]
When businesses create trademarks, they often include words that describe their products or services. These descriptive or generic terms can pose an issue during the trademark registration process. To address this, the United States Patent and[...]
Trademark incontestability is a crucial concept for businesses and brand owners who want to strengthen and protect their trademarks. In simple terms, incontestability is a status a registered trademark can achieve, offering stronger legal protections and[...]
Registering trademarks with the United States Patent and Trademark Office (USPTO) is essential for Mt. Pleasant, SC-based businesses, entrepreneurs, and online sellers who want to protect their goods and services from unfair competition and infringement from[...]
The USPTO Principal Register is the primary registry for trademarks in the United States, maintained by the United States Patent and Trademark Office (USPTO). The Principal Register, unlike the Supplemental Register, affords trademarks the highest level[...]
The USPTO Supplemental Register is a secondary trademark register managed by the United States Patent and Trademark Office. The Supplemental Register catalogs trademarks that have not yet qualified for the full protections of the USPTO Principal[...]
An Actual Use trademark application is submitted to the United States Patent and Trademark Office (USPTO) when an applicant has already commenced using a trademark in commerce. This application is crucial for businesses that have begun[...]
A United States Patent and Trademark Office (USPTO) Intent to Use (ITU) trademark application is an attractive option for businesses planning to use a trademark in interstate commerce but have not yet begun to do so. [...]
Steps for Reporting Trademark Infringement Access the Amazon Intellectual Property Report Form: Begin by navigating to the "Report Infringement" page on Amazon’s website, where you can find the infringement form needed to file your report. Complete[...]
Amazon Brand Registry is an essential program tailored specifically for brand owners and manufacturers who aim to protect their intellectual property, including trademarks registered with the USPTO, on the Amazon marketplace. Designed to ensure that only[...]
It is a common myth that a trademark registered with the United States Patent and Trademark Office (USPTO) automatically confers global protection. This misunderstanding likely stems from a lack of knowledge about the territorial nature of[...]
A myth among entrepreneurs and business owners is that once a trademark is registered with the United States Patent and Trademark Office (USPTO), it prevents everyone from using the same trademark. This misunderstanding likely arises from[...]
Many entrepreneurs, professionals, and business owners believe that by registering a business name with a state agency, such as the Secretary of State, they are automatically granted trademark protection in the business name. This misconception often[...]
A trademark cease and desist letter is a formal notification sent to an individual or entity that is suspected of using a trademark in a manner that could infringe on the rights of the trademark holder.[...]
Geographic trademarks have traditionally been of great importance for many business owners. This is especially true for business owners selling food products, non-alcoholic beverages, and alcoholic beverages, such as beers, wines and spirits. Disclosure of the[...]
An LLC operating agreement is an agreement between the member or members of the LLC and the LLC entity. Under the South Carolina Limited Liability Company Act, the members of both single-member and multi-member LLCs are[...]
Our law firm recently had the opportunity to address the issue of whether unauthorized use of a company's trademark in a television program or film could result in a claim of trademark infringement. Based on[...]
From a trademark perspective, nothing serves as a stronger identifier than an individual’s personal name. But does this make personal names appropriate for trademark registration? Trademark law has always treated personal names differently. In the past,[...]
Since the passage of the 2018 Farm Bill, hemp was removed from the Controlled Substances Act (CSA) list of Schedule I substances and will be treated the same as any other commodity crop. As such, when[...]
Likelihood of confusion is the fundamental test of both state common-law and statutory trademark infringement. Trademark infringement of a federally registered trademark under the Lanham Act (32(1)(a), 15 USCA 1114(1)(a)) is defined as: "Any person who[...]
YES! As of May 2017, Amazon’s Brand Registry program requires every brand owner to hold a registered (or pending) federal trademark that is associated with the product being sold in the Amazon marketplace. Amazon Brand Registry[...]
In our competitive free economy, copying and imitating business concepts and market trends in the public domain is the general rule, protected intellectual property (e.g., trademark, copyright, patent) is the exception. Copying and Imitation as Fair[...]
It is basic public policy that free competition drives our economy. It follows that the "imitation" and “copying” of creative ideas and concepts is a very important part of a free market's success. Once ideas, concepts[...]
The United States Patent and Trademark Office (Office or USPTO) is setting or adjusting certain trademark fees, as authorized by the Leahy-Smith America Invents Act (AIA), as amended by the Study of Underrepresented Classes Chasing Engineering[...]
Trademarks promote economic efficiency in the marketplace in at least two ways: (1) trademarks encourage businesses to create, manufacture and promote quality products, and (2) trademarks reduce customer costs related to shopping and making purchasing decisions. [...]
The massive coronavirus stimulus bill is expected to clear Congress today. Courtesy of the Wall Street Journal, here is a FAQ regarding the stimulus checks for individuals: How much money is it? The plan provides $1,200[...]
The sweeping coronavirus aid package set for a House vote today provides $349 billion for the Small Business Administration to guarantee loans to small businesses. The legislation calls for the loan money to be distributed using[...]
Coronavirus-related paid leave for workers and tax credits for small and midsize businesses The US Treasury Department, IRS and Department of Labor issued a joint announcement that small and midsize employers can take advantage of two[...]
Keeping American Workers Paid and Employed Act The Keeping American Workers Paid and Employed Act is Division A of the Coronavirus Aid, Relief, and Economic Security Act (CARES ACT). The CARES Act is 880 pages long,[...]
The Charleston Emergency Stay At Home Ordinance is cited below in full. If you or your business needs any assistance during this outbreak, please contact our law office. Emergency Ordinance On Stay At Home Section 1.[...]
SBA’s Disaster Declaration Makes Loans Available Due to the Coronavirus (COVID-19) The U.S. Small Business Administration (SBA) is offering designated states and territories low-interest federal disaster loans for working capital to small businesses suffering substantial[...]
We hope that you and your family are safe and healthy. As economic losses continue from the coronavirus pandemic, South Carolina and the federal government have made important changes aimed at providing some financial relief. Here[...]
On March 18, 2020, the Senate passed the Families First Coronavirus Response Act, which President Trump signed last night and will become effective April 2, 2020. The below is a general summary and is not intended[...]
IRS extends tax filing deadline to July 15 as coronavirus spreads, Mnuchin says More relief for individuals and small businesses. Key Points - The Internal Revenue Services moved the national income tax filing day ahead to[...]
Updated 3-1920 at 2:45PM U.S. SMALL BUSINESS ADMINISTRATION FACT SHEET – ECONOMIC INJURY DISASTER LOANS NORTH CAROLINA Declaration 45 (Disaster: NC-00115) Incident: CORONAVIRUS (COVID-19) occurring: January 31, 2020 & continuing Date: 03/18/2020 All counties within the[...]
From restaurants local stores to trucking companies and other transportation businesses, companies across the country have felt a serious financial squeeze due to Coronavirus. If your business has been hurt as a result, there may be[...]
A number of end-of-year tax planning strategies are available to business owners that can be used to reduce their tax liability. Here are a few of them: Deferring Income Businesses using the cash method of accounting[...]
As a small business owner, figuring out which form of business structure to use when you started was one of the most important decisions you had to make; however, it's always a good idea to periodically[...]
If you're conscientious about financial reporting, you may already have a sense of your company's worth, but in some instances, you might need a formal business valuation, such as: Certain transactions: Are you selling your business?[...]
On May 2, 2019 the United States Patent and Trademark Office (USPTO) issued a Cannabis Trademark Examination Guide which addresses the examination of trademarks for cannabis, cannabidiol (CBD), and hemp-related products and services. The USPTO was prompted[...]
Trademarks of a rival company can be used in comparative advertising, so long as the advertising does not contain misrepresentations or create a reasonable likelihood that purchasers will be confused as to the source, identity, or[...]
As highlighted in the limited liability company section of our law firm’s website, of critical importance for any member (i.e., a business owner holding an LLC interest in a limited liability company) is the right to[...]
As our Charleston trademark attorneys have expressed throughout the trademark sections of this site, the core function of a trademark for any business is to serve as an exclusive identifier of the source of a products,[...]
Do single people need estate planning? Perhaps you’ve been to an estate planning seminar. Maybe you’ve read a few articles in the paper of in magazines. Maybe you've contacted a Charleston estate planning attorney in the[...]
Our Charleston business lawyers have been busy unpacking the new 2018 tax law. One of the most important considerations under the new tax law is the choice of business entity and tax structure for new or[...]
Business owners and entrepreneurs alike should understand the importance of holding a federal trademark registration for a service or product. Not only is a registered trademark on the federal principal register an extremely valuable asset, the[...]
On November 2, 2017, Republicans in the House of Representatives released their version of a tax reform bill: The Tax Cuts and Jobs Act (the “GOP Act”). The GOP Act is still subject to revision and[...]
In 2003, Alice Dumville (“Dumville”) met with Thorsen to address her estate planning needs, specifically her last will and testament. Following the estate planning meeting, Thorsen gathered that Dumville wanted a simple will that would allocate all of[...]
Contract disputes most often arise when one or both parties believe that the other has committed a breach of contract. While a breach of contract dispute may seem like a simple matter, most breach of contract[...]
On January 4, 2016 United States Attorney General Loretta Lynch signed ATF Rule 41F, which impacts how South Carolina gun trusts may be established in the context of estate planning. The Rule administratively changes federal regulations[...]
This is Part 3 of a 6 Part Blog from out Charleston Trademark Attorney. Past Posts: Part 1, Part 2 Part 3: Overbroad Goods and Services Descriptions United States trademark law is unique and different compared to trademark law[...]
This is Part 2 of a 6 Part Blog from our Charleston Trademark Attorney. Past Posts: Part 1 Part 2: Trademark Search and Clearance United States trademark law is unique and different compared to trademark law[...]
Part 1: Trademark Priority and Trademark Distinctiveness United States trademark law is unique and different compared to trademark law in foreign countries and what may seem like common sense. Whether an individual is new to the[...]
A generic trademark is when the name of the mark is the actual name for that product. Examples include: STRAWBERRY for strawberries, or LAW FIRM for a law firm, or TRADEMARK ATTORNEY for a Chicago trademark attorney. A[...]
The Small Business Administration announced two lending initiatives today, Small Loan Advantage and Community Advantage, aimed at making modest loans to small businesses quickly. The SBA's new Small Loan Advantage program permits larger banks, or preferred[...]
A recent forecast, published by Forrester, regarding online retail sales made an important reference to Web influence on in-store retail sales. For those start-ups, small businesses, and entrepreneurs that do not intend to have a web[...]
Daniel-Island based Sabal Medical Inc., a privately held medical technology company, has been acquired by Swisslog, a Swiss provider of logistics solutions for hospitals, warehouses and distribution centers. Sabal Medical located in Daniel Island (Charleston), has[...]
Charleston Mayor Joe Riley gave his State of the City address Tuesday night. As in previous years, the underlying theme of the address was Charleston job growth. Mayor Riley highlighted several business projects and business initiatives[...]
The Charlestowne Neighborhood Association, which represents Charleston homeowners who live south of Broad Street, is working to move he new cruise terminal to the Columbus street Terminal instead of the northern end of Union Pier. This[...]
Our Charleston law firm organizes numerous corporations and LLC's each month. Although these new businesses operate in an array of industries, one common thread seems to exist in the new businesses marketing/advertising strategy: An attractive, powerful[...]
Registration is now open for the Entrepreneur and Business Expo in Mount Pleasant this September 8th. The business expo will offer cost-effective ways to promote business ventures along with techniques for business networking and personal development.[...]
We formed and organized a limited liability company start-up, Hangers Couture, LLC, at the beginning of this year and its already had two quarters of growth in 2011. Congrats to the founder, Brittney Zeller, for her[...]
Business owners know that it's a must in this tech driven consumer market to establish a fabulous Facebook business page! There are all sorts of new DIY (do-it-yourself) apps popping up to help business owners leverage[...]
Either as a new business owner or a seasoned corporate executive, have you ever made an important business decision you later regretted? Maybe your company opted for seemingly ideal store locations, only to realize the surrounding[...]
Rivers, Tanner & Williams, A Mt. Pleasant Family Dentistry, brings on Dr. Chris Rivers to its thriving dental practice and announces launch of its new website -mtpleasantdentists.com. Rivers, Williams & Tanner Family has been providing a[...]
Don't miss this year's Red Party fundraiser at the Old Charleston Jail. This year's Red Party is hosted by the American College of Building Arts (ACBA). The American College of the Building Arts was founded in[...]
Charleston Mercury with Jimmy Hagood's famed Tidewater Catering will present a Bourbon Tasting November 16. The tasting is strictly limited to 120 tickets for this catered Charleston event, and they must be purchased in advance. Those[...]
In today's business world, hatting face-to-face over the internet with Colleagues, clients, investors and other business partners is becoming the norm for many start-ups, small businesses and entrepreneurs. There are a host of online video conferencing[...]
A new player in the legal document reviewtechnology business! Reveal's new product, InControl, provides affordable and flexible e-discovery software for litigation support in a cross-browser compatible environment. InControl E-Discovery Technology A recent trend these days are[...]
A new way to influence start-ups and small businesses Groups of people all over the nation are organizing through social media platforms, such as Facebook and Twitter, to help support local start-ups and small businesses. It's[...]
A new way for start-ups and small businesses to Raise money The tough lending climate has led businesses to find new sources of cash from micro-lending to crowdfunding. “Crowd funding (sometimes called crowd financing, crowd sourced[...]
Pet Beverage for Your Pooch! LICKS® Launches its first line of nutritional hydrating pet water supplement that will keep your dog hydrated, healthy and extremely happy! Licks for dogswill be a must have this year as the[...]
Have a business idea or product that needs funding to get launched? Crowdfunding platforms like Kickstarter may be the answer. For some entrepreneurs and new business owners, crowdfunding or micro-finance may not be the way to[...]
As reported in this weekend's Post & Courier, a cyber attack on the Department of Revenue has compromised the Social Security numbers and other tax data of 3.6 million state taxpayers and the credit card numbers[...]
Are you looking for an excellent local, handcrafted gift for yourself, business clients, or your employees this holiday season? Do you want to buy local and support Charleston small businesses? Look no further! If you've never[...]
Happy New Year, 2013! The following are a few tax changes for 2013 that have been a concern for a few of our business clients. We thought that it would be helpful to share. Tax Changes[...]
Over the past five years, there has been a significant increase of individuals, professionals and entrepreneurs taking online courses to increase their knowledge about new trends in business, how to start a business, how to run[...]
Each business owner goes through the process of hiring new employees. Each owner may already have a process implemented or they might not really know what to do. One thing is clear though, it is a[...]
For more than 20 years, there has been a movement to erase nicknames and mascots that refer to Native Americans for athletic teams at all levels of competition. Many teams have voluntarily changed their name and[...]
Starting a new business in South Carolina and becoming a successful entrepreneur is, more often than not, a difficult journey. No new business owners should expect to achieve success overnight; achieving success is just not that[...]
Air travel is not something a person looks forward to doing. As restrictions get stricter, flying has solely become an inconvenience. Airlines have created a cutting costs model that includes fewer routes, completely booked charges and[...]
Civil infrastructure construction and maintenance represent a large societal investment. Potholes, in particular, are a nightmare for drivers in every city or town throughout the US. Potholes are generally produced when water gets trapped under asphalt[...]