Employers Beware: Things to Keep in Mind for Job Advertisements

By: Savannah Parsons
Help wanted sign

Were you aware that employment discrimination does not only apply to current employees? Employment discrimination also applies to potential employees. Therefore, avoiding liability for employment discrimination starts with job advertisements.

Depending on how they are written, in-person and online job advertisements can impact employment discrimination claims. Potential employees may use job advertisements to help prove hiring discrimination claims, and the information provided in the job advertisement may even have consequences for claims of discrimination from current employees. To avoid discrimination claims, employers must be acutely aware of their hiring process which includes keeping track of how they advertise available jobs and who they advertise those jobs to. This article discusses what employers need to know when drafting their job advertisements.

How Employment Discrimination Claims Work

Hand picking out man from a lineup of 8 people.

The first thing employers need to understand about employment discrimination is that it is illegal to discriminate against current and potential employees based on their race, color, religion, sex (gender identity, sexual orientation, and pregnancy), national origin, age (40 years or older), disability, or genetic information. It is important to note that employment discrimination laws prevent facial and facially neutral discrimination based on these protected categories. Discrimination in an employment context means an employer has unfairly treated or harassed current or potential employees for belonging to a protected category, denied reasonable workplace accommodations, or asked improper questions about medical information.

The first step in an employment discrimination claim is for a current or potential employee to file a charge with the proper governmental agency, like the U.S. Equal Employment Opportunity Commission. Each state has its own version of the federal agency where claims can be filed or cross-filed between the state and federal agencies. Sometimes, like when an employer has very few employees, the employee must file the claim with a state agency. Additionally, in some states and with certain types of claims, the employee may file the claims privately without involving an agency. The agency assesses the claim and determines whether there is probable cause to file a lawsuit during the second step of the claims process. If the agency determines probable cause exists, they will inform the claimant of their decision. The claimant then has 90 days to file suit.

Things to consider in Job Advertisements

Job vacancy signAvoid Facial Discrimination

The first and most obvious thing to avoid is posting job advertisements that are explicitly discriminatory. Job advertisements should never post requirements directly related to the categories protected by employment discrimination laws. As a reminder, the protected categories are race, color, religion, sex (gender identity, sexual orientation, and pregnancy), national origin, age (40 years or older), disability, and genetic information.

Explicitly discriminatory job advertisements are easy to avoid, especially when the employer familiarizes themselves with the federally protected categories and any additional categories protected by state laws. To ensure a job advertisement is not explicitly discriminatory, avoid posting requirements like “female candidates only,” “Americans only,” or “native English speaker needed.”

Avoid Facially Neutral Discrimination

While most employers probably know not to use the facially discriminatory language discussed above, there are some nuanced job requirements that employers should also check for before posting. Some job requirements seem innocent, but when a critical eye examines them, the requirements show signs of discrimination. For example, a job advertisement that uses phrases like “recent college grad,” “proficient experience with technology,” or “fresh and vibrant personality” in its requirement section raises red flags for potential age discrimination. Although the job advertisement itself may not be enough to hold an employer liable for discrimination, should a person over 40 years old bring a claim using the above advertisement in conjunction with other proof of discrimination, the advertisement may help them be successful in their claim.

Only List Real Requirements

Since current employees can use job advertisements to prove employment discrimination and potential employees can use them to prove hiring discrimination, employers need to make sure they only list job requirements that are really requirements. The requirement section of a job advertisement should never list pretextual requirements meant to disqualify a certain type of candidate. Pretextual requirements will likely open up the employer to hiring discrimination liability. For instance, stating that frequent travel is a requirement for the job when it is not really a requirement could be seen as a way to dissuade pregnant people, older individuals, or persons with disabilities from applying.

Advertise to Everyone

Employers should also avoid exclusively advertising to particular demographics. Exclusively advertising to some people but not others will likely result in potential employees who belong to one or more protected categories being left out of the hiring process. For example, only advertising to a specific age group, a particular sex, or a specific religious group can cause potential issues. In practice, employers should post job advertisements in a variety of places, accessible to many kinds of people, to avoid exclusive advertising.

Hire Employees that Match the Posted Job Requirements

Employers wanting to avoid discrimination claims will do more than just ensure their job advertisements do not discriminate through facially discriminatory, facially neutral, or pretextual language. A cautious employer will follow through on hiring employees who possess the requirements in their posted job advertisements. Employers hiring employees who do not meet the posted job requirements put themselves at risk of a potential employee filing a discrimination claim using the job advertisement as proof that the requirements had a discriminatory purpose.

Final Thoughts

Overall, employers must avoid posting job advertisements that include explicitly discriminatory job requirements, requirements that have discriminatory implications, and requirements that are not real requirements. Employers should also make sure they vary where they post job advertisements and only hire employees who fit the posted job requirements. This article is in no way an exhaustive or definitive list of things to avoid in job advertisements. Rather, these are just some things to consider. It is always best for employers to consult with an employment discrimination attorney for specific questions and guidance on what they should or should not put in a job advertisement.

This post has been reproduced with the author’s permission. It was originally authored on February 11, 2022, and can be found here.


Savannah Parsons, at the time of this post, is a Penn State Dickinson Law graduate. She is originally from Bath, New York, and graduated from Troy University. Savannah is interested in family and disability law.

 

 

Sources:

Prohibited employment policies/practices, U.S. Equal Employment Opportunity Commission. (n.d.). Retrieved February 11, 2022.

What is employment discrimination? U.S. Equal Employment Opportunity Commission. (n.d.). Retrieved February 11, 2022.

Workplace fairness. Midwest New Media, L. L. C. (n.d.). Retrieved February 11, 2022.

Online Seller’s Guide to Sales and Use Tax

By: Aaron Holland
Hands coming out of computer screens to exchange money for an item.

Only two things in our lives are certain: death and taxes. One occurs at the end of our lives, and the other occurs throughout our lives wherever there is an exchange of money. Sales and use tax is a specific tax that affects every purchaser, from the middle-aged person buying a new Corvette to the 10-year-old buying a Coke from the local convenience store. All entrepreneurs, especially those selling goods online, need to understand sales and use taxes in the state(s) that they are legally connected to.

Basics of Sales and Use Tax

There are two types of taxes that every purchaser is subject to. Purchasers pay sales tax on certain goods and services when buying products within a state that imposes the tax. On top of that, purchasers may be subject to taxes even when they purchase goods in a jurisdiction that does not charge tax. Specifically, a purchaser may be required to pay a use tax to a taxing state when they use or consume taxable items they obtained from a non-taxing jurisdiction. For example, if a consumer buys manufacturing goods in Delaware (a state without sales tax) and then uses those goods to create a product in Pennsylvania, the consumer owes a use tax. In this situation, the use tax forces the consumer to pay the Pennsylvania Department of Revenue the appropriate amount since they never paid tax on the item in Delaware.

A Link Between States

Chart displaying state sales tax

Sales and use taxes are not federally adopted. Instead, individual states and their local jurisdictions decide whether these taxes will be imposed and collected. Due to the localized nature of these taxes, the United States showcases a variety of tax percentages and collection methods. As examples of the varied tax percentages, Pennsylvania has a flat 6% sales and use tax, with a few local jurisdictions, such as Philadelphia and Alleghany County, adding 1% or 2%, respectively. This percentage varies in other states, for example, California taxes 7%, Maryland taxes 6%, New York taxes 4% with an additional average local sales tax of 4%, Florida taxes 6%, and Oregon taxes 0%.

These tax percentages are important for businesses to know as they must pay sales tax to the state(s) in which they operate. For the traditional brick-and-mortar business, the state in which the business operates is easy to understand. However, determining a legal connection to a state can be more difficult when your business operates online. Typically, creating, selling, or packaging goods in a state forms a legal connection between your business and that state. Notice that a business can form legal connections to multiple states and may, therefore, be required to pay sales tax to all those states. Understanding the states that your business has connections with is especially important if your business (1) has workers that work remotely from different states or (2) utilizes a fulfillment service, such as Amazon, that houses your products and ships them from a different state. Situations like these may make your business responsible for paying sales tax to those states.

Responsibility for the Taxes

The business or individual selling goods or providing services is responsible for the sales and use tax that the taxing state charges. The sales and use tax, as seen when buying a new iPhone, is often passed on to the customer during purchase and tracked by the seller for end-of-the-year tax purposes. For certain small businesses or individuals selling goods in low amounts, not passing the tax on to the customer may be a business decision to keep the cost of your goods low. If you choose this option, you should calculate the sales tax at the end of the year to determine how much you owe your connected states.

Failing to pay owed sales and use tax to your connected states can lead to financial penalties, interest accumulation, and other fees. For example, in Pennsylvania, penalties are assessed for late filings, understating the amount of sales tax owed, and other major understatings in the filing. These penalties can account for excessive amounts levied against a business when the business fails to pay the correct sales and use tax to the state.

Is it Time to Pay?

Stack of money.

Businesses can be required to file their sales and use tax reports at different frequencies, depending on the type of business, the goods sold, and the rules of the taxing state. Pennsylvania requires sellers to file monthly, quarterly, or semi-annually. Keeping an eye on the tax timeline is helpful as there may be discounts for filing and paying these taxes early.

There are many exemptions to the requirement to pay sales and use tax to connected states. In many states, an exemption applies to certain items, such as groceries and wearable clothing, freeing those items from sales tax. Purchasers may also be exempt from sales tax. For example, certain manufacturers and non-profit organizations are exempt from paying sales and use taxes. Common resellers of goods are also usually exempt from sales tax upon the purchase, but not the sale of, the goods they resell. Therefore, if your business sells goods to resellers, the sales tax may not apply to those sales. Reviewing the exemptions to the sales and use tax can save your business time and money if you or your purchasers fall into one of the many exemptions states provide.

Final Thoughts for Entrepreneurs

    • Keep track of the sales and use tax your business owes
    • Learn what states your business has a legal connection to
    • Know those states’ requirements for sales and use tax
    • Understand your state’s exemptions and utilize all that may apply
    • Receive legal assistance for specific sales and use tax advice

This post has been reproduced and updated with the author’s permission. It was originally authored on February 10, 2022 and can be found here.


At the time of this post, Aaron Holland was a 3L student at Penn State Dickinson Law. He had an interest in all things business law, especially in the assistance of start-up businesses and new entrepreneurs. He previously spent 6 years with the United States Marine Corps as a Military Police Officer.

The Most Valuable Secrets Must Be Kept Secret – Why Successful Startups Should Utilize Non-Disclosure Agreements

By: Madeleine Kuhns-Baione

Startups that do not utilize Non-Disclosure Agreements (“NDA”) are at higher risk for financial instability or failure. Even if an entrepreneur feels that they can trust others, utilizing NDAs is one of the easiest yet most effective ways to protect a business.

What aRE ndaS?

Non-Disclosure Agreements, commonly called confidentiality agreements, are binding agreements where parties are legally required to keep specific information confidential. Parties to the NDA cannot share the information with third parties or use it for their benefit. NDAs are useful for all aspects of business, including sales meetings, negotiations, discussions with financiers, product suppliers, etc. Most commonly though, NDAs are used with employees and business partners.

What are THE BENEFITS OF ndAS?

1. Protect Intellectual Property

NDAs protect confidential information including, but not limited to – trade secrets, client information, marketing strategies, proprietary processes, coding techniques, and other sensitive information. NDAs give business owners the power to decide what information is confidential and protected. With this power, business owners can establish employee expectations regarding what information is protected and the consequences of violations.

2. May Minimize Competition

If a startup utilizes an NDA, the parties to the NDA are legally bound to keep confidential information from competitors. In addition, they may not legally use this confidential information to start their own competing business while utilizing the same processes, trade secrets, clients, etc. However, NDAs are not the “end all, be all” to minimize competition. NDAs only assure that a business’s confidential information is legally protected.

3. Provide the Ability to Pursue Legal Recourse

The utilization and enforcement of NDAs are particularly helpful for setting employee expectations and legally binding employees and third parties to abide by the agreement. However, an NDA’s effectiveness within a business is never guaranteed, as employees and third parties may choose to violate the NDA. Luckily, NDAs provide fairly easy legal recourse when a breach occurs.

If confidential information is shared in violation of an NDA, a business may file one of the following claims: breach of contract, breach of fiduciary duty, misappropriation of trade secrets, copyright infringement, or other intellectual property law violations. It is important to note that NDAs offer broad protection. Within an NDA, a business may include proprietary and non-public information that does not meet the standard of a “trade secret,” that other claims require. For example, a misappropriation claim would require that the confidential information meets elemental requirements for a trade secret, while an NDA may not.

If a business does not use an NDA and confidential information is shared, proving that the information is a trade secret may be more difficult. With an NDA violation, a business may file a breach of contract claim, seek an injunction to prevent the employee or third party from further violating the NDA, or the business may file a lawsuit for financial damages for the losses they suffered resulting from the breach.

HOW Can You Ensure That the NDA Is Enforceable?

An NDA is an enforceable contract. For contracts to be enforceable, there must be consideration. In plain language, contracts require a bargain between the employer and the employee or third party. In the case of an NDA for employment, the employer is receiving the protection of confidential information. To enforce the NDA, the employee must receive something in exchange. Some courts have held that at-will employment is sufficient for the NDA to be enforceable. Regardless of the circumstances, NDAs should always be thoroughly reviewed with an attorney, if necessary, to ensure that the NDA will be enforceable.

Even if an NDA appears enforceable, a court may find it is not. This finding may occur when the NDA includes broad language, information that is not confidential, or something illegal. To mitigate these issues, language and word choice should be extremely precise and specify what information is considered confidential under the agreement. Further, if the information stated within the agreement has been widely disclosed or is public knowledge, it is extremely unlikely that a court will uphold the NDA. Lastly, NDAs cannot force employees to engage in illegal conduct, such as legally forcing them to withhold reports of something they are required to report by law.

Although NDAs are easy to draft and utilize, businesses should give them significant time and effort to ensure they will be enforceable. If an entrepreneur utilizes an enforceable NDA, they are taking a big step toward protecting their business and preventing the disclosure of sensitive and confidential information.

This post has been reproduced and updated with the author’s permission. It was originally authored on February 1, 2023 and can be found here.


Madeleine is a 3L at Penn State Dickinson Law pursuing a joint JD/MBA degree. Madeleine studied International Business and Management at Dickinson College for her undergraduate education. Before attending law school, Madeleine worked as a Claim Manager at a 9/11 Victim Compensation law firm in NYC. Madeleine is interested in pursuing a career in business and/or healthcare law.

Dropshipping Awareness: The Legal Liability Nightmare of the Low-Cost Business Model

by Anthony Austin

Online businesses have made life significantly more convenient for people worldwide. Today, thanks to E-commerce, buyers can go online and find almost anything they want and have it shipped to their homes with relative ease.

E-commerce, defined as buying and selling goods and services through the Internet, has been growing and evolving exponentially. Entrepreneurs everywhere have benefited from the growth of E-commerce since they can sell goods and services with far more efficiency than ever before. While many models of E-commerce business practices exist, dropshipping has emerged as one of the most popular and attractive ventures for new entrepreneurs.

What is Dropshipping?

Dropshipping enables retailers to sell products without holding any inventory. The retailer gets an order from a customer, contacts their supplier for the product, and that supplier sends the product directly to the customer.

This business model is attractive because of the low start-up costs, ease of making an online store, and the convenience of not worrying about inventory, shipping, or handling. Instead, the business owner can focus on building a store, finding products, and gaining traffic. The owner can then rely on their supplier to fulfill their orders for them. Dropshipping can be operated from one individual’s laptop and is both flexible and scalable. Dropshipping sounds straightforward but it isn’t as simple as many entrepreneurs believe.

The Misconceptions

Dropshipping can be a very lucrative and accessible business, with relatively low barriers to entry, making it a highly competitive industry. However, most entrepreneurs who utilize this business model do so without considering any of the legal ramifications that may come from their online business activity. Many businesses use the dropshipping business model in unethical and borderline illegal ways. These businesses may have no idea that they are partaking in wrongful actions. Many entrepreneurs believe that they don’t need to worry about legal issues until their business grows and begins making a larger profit.

They are grossly mistaken.

The dropshipping business model and community encourage “asking for forgiveness instead of permission,” causing many entrepreneurs in this field to violate regulations regarding operating a business in America. By continuing down that path, these businesses are exposing themselves to considerable risks and liabilities. Below are some of the common legal risks that come with dropshipping.

The Legal Risks

Product Liability

Many entrepreneurs sell products they haven’t touched or seen in person before, especially when they first start dropshipping. This practice is problematic because even though the entrepreneur does not handle manufacturing or shipping, they could still be held liable for any harm the product does to the consumer. Product liability in the U.S. is a strict liability tort, meaning the entrepreneur could be found liable regardless of their intent or knowledge of the product’s deficiency.

To make matters worse, the entrepreneur would be personally liable for the harm done by the product if they do not have a registered entity that shields them from liability. Many entrepreneurs don’t bother registering their online businesses, looking for the fastest way to get started. They fail to realize that they have just created a business entity that provides them with no liability protection. If they get sued, they could lose everything their business has and all their personal assets as well. Registering a dropshipping business shields personal assets from consumers and should be done before any marketing, especially the marketing of products that have yet to be vetted.

IP Infringements

When entrepreneurs start dropshipping, they usually use existing photos, videos, and reviews to make advertisements and build out their online store’s product pages. These actions rarely get done with the original creator’s permission, violating U.S. copyright law. Those images and videos are the intellectual property of the original creator. For use of those images and videos, the original creator must give their explicit permission. It would be best for entrepreneurs to create their own images and videos of the product by buying it and taking their own photos. Still, many don’t have the budget to produce their own content. But, regardless of cost, businesses should not use product content without permission.

Dropshipping clearly branded products will also get entrepreneurs into trouble. Companies like Disney are very quick to send out cease-and-desist letters or sue businesses that use any of their copyrighted materials. Many suppliers from other countries will manufacture and sell products that violate copyright in the U.S., so it’s best not to try and dropship them.

Taxes

Everyone knows we need to pay taxes on all income gained in a taxable year. However, entrepreneurs need to be aware of their state’s tax policies and how many times per year they may need to file, depending on their business structure.

Ethical Marketing & Misrepresentation of Products

As stated above, the dropshipping community often uses existing content for advertising products. Sometimes, sellers go as far as advertising products that aren’t their own or using misleading descriptions when explaining the product’s features and quality. These actions constitute unethical practice and borderline misrepresentation that could be grounds for a breach of contract lawsuit. Businesses should only market the exact product they are selling and should avoid being dishonest while describing the product and where it is from.

Navigating the Legal Minefield

Although there are plenty of legal risks that would make a risk-averse person abandon the dropshipping model, plenty of entrepreneurs will charge onward, regardless of the dangers ahead. It would be wise of them to watch where they step and to consider the risks as they traverse this E-commerce business model. By adhering to regulations from the start and avoiding common mistakes, entrepreneurs can save themselves from the stress of dealing with legal action against them and their businesses.

This post has been reproduced and updated with the author’s permission. It was originally authored on February 3, 2023 and can be found here.


Anthony Austin, at the time of this post, is a 3L at Penn State Dickinson Law. He was born and raised in Levittown, Pennsylvania, and has a bachelor’s degree in Business Management from Penn State Harrisburg. Anthony is currently interested in practicing corporate and entrepreneurial law and has interned as a summer associate with Stevens & Lee. Anthony spends his free time engaging in hip-hop and ballroom dance, cooking, and obstacle course races.

Sources:

What Is Ecommerce? A Comprehensive Guide (2023)

What Is Dropshipping? Everything You Need To Know

Product Liability

Disney is Suing a Kissimmee Business for Knockoff Disney Merch and Copyright Infringement

Dropshipping Risks: How to Avoid Copyright Infringement Issues

Product liability – Shopify

Magic Internet Money is the Future of Businesses

by Alec Shields

Does cryptocurrency have the potential to transform today’s reality and how the world does business? Many believe so! More than 2,300 US businesses accept Bitcoin as a form of payment, according to a late 2020 estimate. Some say that Bitcoin and other cryptocurrencies will positively affect businesses in both the present and the future by providing a decentralized digital form of payment that is fast, secure, and global. Here, I will explore some ways a business can prosper using cryptocurrencies for business transactions.

Understanding Blockchain Technology

To fully wrap one’s head around cryptocurrency, one must understand that cryptocurrencies are decentralized digital currencies that use blockchain technology to ensure the security and integrity of transactions. So, what does that mean exactly?

In essence, blockchain technology works by maintaining a continuously growing list of records, called blocks, that are linked and secured using secret writing, aka cryptography. Each block contains a cryptographic hash of the previous block, a timestamp, and transaction data. This purposeful design is integral to the system. The open distributed ledger that records the transactions between two parties is verifiable, permanent, and cannot be altered or modified in any way. This process creates a network controlled not by a single entity but by a group of nodes, also called miners or validators. Any alteration to the blockchain would require more than 50% of the validators to agree with the alteration, thus making it almost impossible to alter data on the blockchain.

Advantages of accepting Cryptocurrency

Lower Transaction Costs

How can a business use this technology to gain the upper hand? One of the main benefits of accepting cryptocurrency is the potential to reduce transaction costs from credit card payment providers. On average, these payment providers charge 3-4% for every purchase a customer makes. Due to these charges, some merchants, like Kroger and Starbucks, have chosen to accept or intend to accept blockchain-based payments. This decision allows the merchant to accept the cryptocurrency and convert their revenue to fiat currency for less than 1%. Saving 2-3% on all transactions would ensure a higher profitability for any business.

No Chargebacks

When allowing debit or credit card purchases, businesses often deal with bank chargebacks. Ultimately, businesses suffer the consequences of these chargebacks. Specifically, businesses may pay additional fees, receive fines, and spend valuable time fighting chargebacks from fraudulent activity.

Unlike credit or debit cards, cryptocurrencies have no bank chargebacks. Once the transaction on the blockchain is complete, the transaction is immutable and irreversible. Therefore, it would be impossible for a customer to reverse the transaction. Customers cannot pull the money from your account and put it back into theirs without question.

Although the immutable nature of cryptocurrency has potential drawbacks, such as a merchant selling an unsatisfactory product and refusing to return the cryptocurrency received, online reviews of the company and product would likely solve this issue quickly. If a business decided to operate that way, individuals would shop elsewhere, forcing any business operating in a shady fashion to close down. Therefore, the risk of the drawbacks is so low that cryptocurrency is still the best payment option for a business.

More Data Security

From a security and privacy standpoint, paying with a credit card is inherently more dangerous. When a customer pays with a credit card, they reveal their data to the merchant, the acquiring bank, the card service, and the issuer. When paying with cryptocurrency, a customer does not disclose any private information, making it harder to steal.

Attracting New Customers

Businesses using blockchain technology and accepting cryptocurrencies also position themselves well for reaping the rewards of an emerging space that potentially includes a Central Bank Digital Currency (CBDC). Accepting cryptocurrency provides access to a new demographic of customers who value transparency in their transactions. A recent study from leading research and advisory firm Forrester Consulting revealed that businesses that integrated BitPay, a cryptocurrency payment provider, saw an average return on investment of 327%. This return was no surprise to BitPay’s CEO, stating, “accepting bitcoin and other cryptocurrencies through BitPay saves merchants considerably on fees and unlocks a whole new customer base.” The study also revealed that 40% of customers paying with cryptocurrency were new customers, and their purchase amounts were twice that of credit card purchases. The study clearly shows that many individuals are looking to spend their money via cryptocurrency.

Conclusion

Cryptocurrency, sometimes called magic internet money, is here to stay. Businesses in every field stand to prosper from the use and acceptance of it. Accepting cryptocurrency payments will raise the bottom line of any business by excluding high rates charged by credit card companies, avoiding chargebacks from banks, attracting new customer bases, and boosting a business’s average return on investment. Therefore, it would behoove all businesses to understand how the world of “magic internet money” really works while working to allow cryptocurrency payment methods. If you want to learn more, here is a quick video breaking down how to accept Bitcoin in your business: Bitcoin 101 for Small Business

This post has been reproduced and updated with the author’s permission. It was originally authored on January 29, 2023 and can be found here.


Alec Shields, at the time of this post, is a third-year student at Penn State Dickinson Law. He works as a research assistant at Penn State Dickinson Law for Professor Katherine Pearson. Alec is interested in tax, crypto, and helping start-up companies navigate this new economy. He looks forward to starting his own firm one day.

Sources:

Study Shows Merchants That Accept Bitcoin Attract New Customers and Sales

The Use of Cryptocurrency in Business

Benefits Of Accepting Bitcoin And Other Crypto For Your Business

Why Bitcoin is a Big Deal for Small Businesses

Credit Card vs. Bitcoin Payments

Trademark Dilution – Can I advertise my Bluetooth earbuds by comparing them with Apple’s?

by Diane Hong

Advertisement plays an integral role in the success of any business. Large corporations allocate significant budgets annually to promote their products and services to customers. The rationale behind this investment is that even a minor impression can lead to an actual purchase. Therefore, the key to effective advertising lies in implanting brand awareness in potential customers.

What would be an easy, reliable, yet effective method of advertising? There are several options, but comparing products and services with others, especially those of well-known brands, proves convenient. If I sell a similar product or offer a similar service, drawing a comparison to renowned companies allows customers to easily understand what I am selling.

Nevertheless, is it legally permissible to compare ourselves with these industry giants without their permission? In this article, we will delve into the definition and types of Trademark Dilution and explore the exceptions.

Trademark Dilution

A trademark is a legal protection that grants exclusive rights to its owner for a specific mark. Given this characteristic, trademark-related concerns primarily revolve around the “likelihood of confusion.” A trademark gives its owner the exclusive right to use that mark, eliminating any possibility of confusing customers. Trademarks ensure owners can safeguard their mark’s exclusivity and keep its reputation intact.

When someone utilizes an established mark without proper authority or approval, it can cause harm to the true owner of the mark. Such unauthorized use can lead to customer confusion, resulting in a customer accidentally purchasing alternative products or services. In more severe cases, it can generate a negative perception of the products or services. In legal terminology, this situation is called trademark dilution.

Trademark dilution can cause two types of harm: (1) blurring and (2) tarnishment. Both forms exist in the Federal Trademark Dilution Act, specifically under 15 U.S.C. § 1125(c), which allows for legal action, regardless of one’s location, within the United States.

Blurring

Blurring occurs when the distinctiveness of a famous mark becomes impaired. For instance, let’s consider the scenario where Jane has established a successful business selling her hot sauce. If John uses the same bottle design as Jane to sell his sauce, customers may associate the sauce bottle less strongly with Jane. The presence of the same design for John’s sauce weakens the exclusive connection between the bottle and Jane’s brand. Consequently, Jane’s mark loses its distinctiveness.

Tarnishment

Tarnishment, on the other hand, occurs when the reputation of a famous mark is impaired. Building upon the previous example, let’s assume that John sells an inferior-quality sauce in an identical bottle design to Jane’s. Customers who purchase John’s sauce may notice its subpar quality and associate it with Jane’s sauce due to its shared design. Consequently, Jane’s company’s reputation suffers as a result.

To protect individuals like Jane, Congress enacted the Federal Trademark Dilution Act. However, given the sheer number of trademarks registered annually in the United States, protecting every mark is challenging. To address this issue, Congress introduced a limitation to trademark dilution known as the “fame requirement.” The “fame requirement” ensures the protection of marks that are recognizable by the general public across the United States. Trademark dilution laws do not protect marks failing to meet this standard.

Exceptions to Trademark Dilution

Even if someone uses a famous mark without authorization or approval, they may not be liable for its use in certain exceptional situations. Recognized defenses to Trademark Dilution include comparative advertisement, fair use, and parody. Let’s explore each defense with illustrative examples.

Comparative Advertisement

One can utilize a famous mark to compare their products or services without causing any misrepresentation or likelihood of confusion. An example would be advertising a fragrance as a close match to a specific well-known fragrance.

Fair Use

It may be permissible for someone to use a famous mark in a descriptive or nominative manner to indicate the source of their products or services. For instance, a local mechanic offering services for Hyundai vehicles can use the Hyundai mark to advertise their services. Similarly, a second-hand shop specializing in Swarovski products can advertise using the Swarovski mark.

Parody

Using a famous mark may be allowed if the use is a successful parody. A successful parody occurs when the use of the famous mark does not impair its distinctiveness, cause confusion for customers, or fail to incorporate elements of satire. For example, if someone opens a pet toy store and sells products labeled as the “Chewy Vuitton” series, they might be permitted to sell and advertise these “Chewy Vuitton” items. Customers would have little difficulty distinguishing between “Chewy Vuitton” and “Louis Vuitton.” Plus, everyone can enjoy the pleasing satirical element involved.

Conclusion

If you intend to advertise your Bluetooth earbuds by comparing them to Apple’s AirPods, be aware that this could potentially lead to Trademark Dilution lawsuits. However, there are three exceptional circumstances when you may use Apple’s marks: comparative advertisement, fair use, or parody.

This post has been reproduced and updated with the author’s permission. It was originally authored on January 31, 2023 and can be found here.


Diane Hong, at the time of this post, is a 3L at Penn State Dickinson Law. She is from Seoul, South Korea where she received a Bachelor’s degree in Law. She is interested in practicing business law and cyber security & data privacy law. During her free time, she likes to play tennis and listen to classical music.

Sources:

Intellectual Property Law: Cases & Materials, Lydia Pallas Loren and Joseph Scott Miller, 2021

Trademark Dilution (Intended for a Non-Legal Audience)

Dilution (Trademark)

15 U.S.C. § 1125

Women in the Workplace: Why They Leave, and How to Make Them Stay

by Nitya Bodavala

According to a 2022 study by McKinsey and LeanIn.org that surveyed more than 40,000 employees, women hold 40% of entry-level positions but only 26% of C-Suite positions. The higher you go on the corporate ladder, the fewer women you see. For every woman at the director level that gets promoted, two female directors choose to leave the company. The case for more women in leadership positions is evident in the value that female leaders bring. The 2022 study found that companies with more women on their boards invest more in innovation, have higher company performance, and de-risk by contributing more to CSR (Corporate Social Responsibility) and ESG (Environmental Social and Governance). Overall, workforce equality in participation, recognition, and pay would make the world economy $28.4 trillion richer.

Why Are Women Leaving the Workplace?

There are three main reasons why women have been leaving the workplace by droves: (1) lack of pay and recognition, (2) toxic work cultures, and (3) lack of choices.

Unrecognized Work

Although women in leadership do more than their male counterparts to promote Diversity, Equity, and Inclusion (DEI) in the workplace and support employee well-being, they are recognized less for their efforts. Employee satisfaction and DEI efforts retain employees and attract new talent. By 2025, 47% of millennials will actively seek diversity in a potential workplace. With the next generation of leadership actively seeking diversity in the workplace, these policies and initiatives make a huge difference in attracting and retaining top talent. However, the time and energy spent on these efforts are not factored into women’s performance reviews and do not help them advance their careers. Further, women still make only 86 cents for every dollar a man makes, while black women make even less, at 68 cents for every dollar a man makes.

Toxic Work Culture

An MIT Sloan Management Review study found that toxic work culture was a big factor in high attrition rates. The study analyzed the language used by over 3 million U.S. employees in Glassdoor reviews to describe their employer between 2016 and 2021. The study defined toxic culture as disrespectful, non-inclusive, unethical, cutthroat, or abusive. Non-inclusive environments and disrespectful leadership were major factors in responses with the largest gender gaps. The disrespect that women face spans microaggressions, gaslighting, unfair hiring and promotion decisions, outright misogyny, sexual harassment, and sexism. Non-inclusivity may present itself in hiring practices, schedules, or allyship efforts. The study found that women are more averse to joining companies they perceive as non-inclusive, and prefer to find an organization that reflects their values.

Lack of Choice

Women want agency and choices. The option of a more flexible schedule goes a long way in providing a safe work environment. Only one in ten women prefer to spend most of their time on-site, citing work-from-home or hybrid work options as one of their top criteria while choosing an employer. Working from home allows for fewer microaggressions, which is especially obvious to women of color, LGBTQ+ women, and women with disabilities. These are the segments of women who are more likely to face demeaning or disrespectful treatment. Over 70% of HR leaders have said that offering remote work options has allowed their companies to hire and retain employees from diverse backgrounds. Lastly, remote work also keeps women from choosing between their personal and professional identities. They can be parents and employees without sacrificing one for the other.

What Can You Do as an Employer to Retain Female Talent?

Now that you understand what women bring to the table and why they are leaving, here is what you can do to prevent it.

 

      • Conduct sensitivity and sexual harassment training for all employees and have an action plan for dealing with sexual harassment complaints. Showing your employees that a process exists to help them allows them to feel safer and like they can trust you to deal with issues fairly.
      • Be more diverse in your hiring policies. It benefits you when your clients see themselves represented in your workplace. Plus, when you have a diverse workforce, your employees have a breadth of experience to capitalize on.
      • Have more holistic performance metrics. Accurately evaluate the place women occupy in your company, the work they do, and the value it results in. Get rid of outdated performance metrics and adapt to the changing needs of your employees.
      • Try to have flexible work schedules and offer childcare services for your employees who have young children. If that is not possible, provide dependent care assistance. No employee should feel punished for deciding to have children. Remember that even if these employees take some time off, they return with the knowledge that they have a supportive employer and will be happier, more productive employees. Not supporting them during this time will result in high employee turnover rates and endless hours of training new employees.
      • Offer more leadership training opportunities and pathways for women. Informal pathways for mentorship are fewer for women, so making initiatives like this a part of your institutional structure will make a significant positive impact.

This post has been reproduced and updated with the author’s permission. It was originally authored on March 28, 2023 and can be found here.


Nitya Bodavala, at the time of this post, is a 3L of Penn State Dickinson Law. She is from Hyderabad, India, and comes from a family of entrepreneurs. It was natural to gravitate toward working with entrepreneurs even within the law.

 

 

Sources:

https://www.forbes.com/sites/tomaspremuzic/2022/03/02/the-business-case-for-women-in-leadership/?sh=7d74b5769cbb

https://www.mckinsey.com/featured-insights/diversity-and-inclusion/women-in-the-workplace#/

https://www.forbes.com/sites/forbescommunicationscouncil/2022/03/03/the-importance-of-diversity-and-inclusion-for-todays-companies/?sh=5bd9569649df

When Less is More: Legal Implications of the Four-Day Work Week

by Tessa Brandsema

American work culture is an international standout—and not always for a good reason. For many, working within Corporate America comes with an all-or-nothing approach of bending over backward for minimal thanks and bragging about who has taken the least time off. Across the pond, this mentality is not the norm. Instead, Europeans emphasize and adhere to a healthy work-life balance, take maternity and paternity leave, and refrain from checking work emails after hours. Recently, a new wave has taken over and carried its ripples over to American shores: the four-day work week. Studies have shown that employees who work four days per week without a cut in a pay report increased job satisfaction, higher productivity, and overall greater happiness. But what are the legal implications for such a drastic shift in the traditional work format? Can smaller companies and start-ups keep up with the trend?

Four Days Versus Four Days

The original concept of a four-day workweek stems from the 100-80-100 rule: 100% of the employee’s pay for 80% of the hours while maintaining 100% of their original productivity. This rule brings the hours per workweek to thirty-two, but the employee gets compensated as if working a forty-hour week. The intention is that employees use those thirty-two hours more efficiently because of their newly condensed timeframe. A potential issue occurs with employees’ benefits packages. Employers must ensure that working thirty-two hours per week does not disqualify their employees from the benefits they receive. Specifically, employers must ensure that the decreased hours do not negatively affect benefits hinged on working full-time. If, for example, an employee is dropped from their healthcare coverage because they are no longer working forty hours each week, even though they are technically still full-time, this could violate an employment contract and raise a potential legal dispute regarding compensation. To avoid these issues, employers looking to implement a four-day workweek in this model must ensure that all the benefits currently provided to their employees are still available even if hours decrease.

Another possible model — and perhaps one that fits more seamlessly into American hustle culture — is a four-day work week in which employees work the same amount of hours spread over longer days. For a traditional forty-hour week, employees need to work ten hours on each of the four days while pay and benefits stay the same. Ten-hour days also pose legal challenges for companies. Will some employees need additional breaks throughout the day, especially minors or those with disabilities? Are all of the employees physically capable of working longer days? A business must consider these factors before implementing change to avoid alienating workers who may have challenges working longer shifts.

Unintended Effects

One frequently overlooked consequence of the four-day workweek is the unintentional discrimination it may cause. The traditional forty-hour work week centers around a nuclear family, in which one partner works a forty-hour week outside of the home with the support of the other, who tends to all the home and childcare needs. This idealistic concept is far from the current reality of most families. Many two-parent households require both adults to work, and single parents juggle similar childcare concerns. Daycare solutions may not provide care for a ten-hour day, leaving child-rearing parents in a lurch with scheduling. If longer, ‘after-hours’ childcare is available, it may be too costly for workers to afford.

Additionally, longer days may disproportionately affect employees with physical and mental health concerns. Working an additional two hours per day can disrupt medication schedules, overlap with physical therapy and doctor’s appointments, or cause scheduling conflicts with mental health counseling services. While longer weekends may help resolve some of these challenges, the ability to work a full ten-hour day may remain an obstacle for some employees. These factors can pose potential employment discrimination issues and may result in litigation.

Bringing on New Employees

Many businesses implementing a four-day workweek see an uptick in job applications. This shortened workweek is likely mutually beneficial since workers get longer weekends, and employers enjoy a happier workforce with renewed productivity. Of course, if the business is doing a trial run of the four-day workweek, employers must inform their onboarding employees of this before having them sign a new employment contract. These documents should specify whether the shortened workweek is a permanent fixture of the business and outline compensation details that may be affected by it. If a business discontinues its trial run of a four-day week, the business should immediately inform its employees. Transparency in the change will help avoid a large influx of resignations should the company decide a short week is not the best fit.

If a company does elect to shift to a shortened week, the employee handbook must reflect that change. Any compensation or policy alterations based on this change should be elaborated upon in the employee handbook to ensure employees understand the updates.

Overall, switching to a four-day workweek is a change that a business must seriously consider before implementing. The legal implications of a four-day workweek vary from issues found in labor and union law to potential employment discrimination. A business must take time to weigh the factors thoroughly. The four-day workweek can boost morale, increase productivity, and make a company a better place to work — but only if executed thoughtfully.

This post has been reproduced and updated with the author’s permission. It was originally authored on March 23, 2023 and can be found here.


Tessa Brandsema, at the time of this post, is a 3L at Penn State Dickinson Law. Tessa serves as an associate editor of Jus Gentium and the vice president of the Women’s Law Caucus. She is a former graduate from Millersville University, where she studied communication and media, political science, and international relations. Before law school, Tessa spent two years as an intellectual property paralegal.

Sources:

Implementing a four-day workweek: Legal issues for employers to consider

Is the 4-Day Workweek Right for Your Business? Top 4 Things for Employers to Consider Before Implementing this Trend

Entrepreneur from History | Benjamin Franklin – a Brilliant Serial Entrepreneur

By: Pranita Dhungana

Benjamin Franklin is remembered for his political career, most notably for being one of the Founding Fathers of America, but did you know that he was also one of the most successful entrepreneurs of his time? His entrepreneurship spans across multiple industries, most prominent of which are printing and newspapers.

early life 

Franklin was born in 1706 in Boston to a working-class family. Although he enjoyed much success and prosperity later in life, Franklin had a very modest upbringing. His later entrepreneurial success can likely be traced back to his upbringing because several members of his family were entrepreneurs. His father was a candlemaker, one of his brothers had a printing business, and another brother owned and operated a newspaper.

Even though Franklin earned a number of honorary degrees from esteemed universities, he had only two years of formal education because his father could not financially support it. However, Franklin was an ardent reader, and self-educated on diverse topics. He began working for his father at the age of 10. At age 12, he began working in printing as his brother’s apprentice. At age 15, he began working for his brother’s newspaper, occasionally contributing to the newspaper under the pseudonym of “Mrs. Silence Dogood.” His writings were very well-received for being witty and intelligent.

printing career 

At age 17, Franklin ran away to Philadelphia. This was the beginning of what was to become a wildly successful entrepreneurial career.

Franklin started as a printer’s apprentice in Philadelphia. The business acumen he had collected in the printing business from a young age, and his honesty and ambition inspired confidence in his friends, who helped him fund his own printing shop. Unlike today, printing used to be a capital- and labor-intensive work at that time, but Franklin ensured to deliver on time no matter how much work that required. His diligence and growing reputation attracted more customers in Philadelphia, which was a significant town then.

Not only was Franklin skilled in printing, but he was also a skilled businessman, which elevated his printing business to the heights of success. For starters, Franklin understood the importance of personal branding. He crafted his image with great care as a diligent, down to earth man. He intentionally dressed plainly, and never participated in activities like fishing or shooting. In order to convey that he was not above his business, he would make it a point to use a wheelbarrow to transport his printing supplies himself. His carefully crafted image gained him credibility, as well as the liking of customers.

Similarly, as a new business owner, Franklin knew the value of networking. He organized weekly community meetings for tradesmen and artisans, called “The Junto.” The purpose of these meetings was to discuss how to serve mankind, but also to exchange business affairs. In fact, these meeting participants often sent business each others’ way.

Franklin also understood how to minimize competition and expand his business beyond Philadelphia, for which he is credited with having established the first franchise system in America. During those days, a printing apprentice could set up his own shop at age 21 if they could fund it. Franklin did not want more competition to enter the market, so he set up a basic franchising system. He rented printing shops with fully funded equipment, and handed the shop to an apprentice in exchange for one third of profits for six years, after which the franchisee could purchase the equipment from Franklin. This system expanded Franklin’s business to other colonial cities.

What truly put Franklin’s printing business on the map was his contract to print money for Pennsylvania. When the Pennsylvania Assembly was debating raising the limits on the amount of paper money in the colony, Franklin wrote an anonymous pamphlet that swung the debate in favor of raising the limit. He then came up with an ingenious way to prevent counterfeiting – using unique leaf prints. Consequently, he was awarded the lucrative contract to print money for Pennsylvania. Later, he also secured contracts to print money for Delaware, New Jersey, and Maryland.

newspaper career

Franklin also ventured into the newspaper business. Franklin purchased the Pennsylvania Gazette in 1729. The newspaper was so popular that it has been dubbed the colonial equivalent of The New York Times. Franklin often contributed to the newspaper. He continued his witty, conversational writing style from his “Mrs. Silence Dogood” days, and devoted ample space to gossip and sensational crimes, all of which contributed to the newspaper’s popularity. It is of note that Franklin engaged in some less than exemplary business practices to purchase the Pennsylvania Gazette. Before purchasing it, he published some scathing reviews of the paper, which led to decreased circulation, and consequently, a lower purchase price.

Franklin’s keen business intelligence helped him see that there was a gap in the newspaper market. Almost a third of the settlers in Pennsylvania were German-speakers, but there were no German newspapers. Therefore, Franklin launched the Philadelphische Zeitung, the first German-language newspaper in America.

Franklin’s most successful publishing venture was the Poor Richard’s Almanac, a yearly almanac published by him under the pseudonym of Poor Richard. It contained a calendar, meteorological and astronomical information, and witty maxims penned by himself that are quoted to this day. “Early to bed and early to rise makes a man healthy, wealthy, and wise.” Sound familiar?

scientific career

By age 42, Franklin had made enough money to retire. Upon retirement, he devoted himself to scientific research, most famous of which is on electricity. His findings on electricity were of great value to future scientists. Among his various experiments, he flew a kite into a lightning storm to prove that it is a form of electricity.

He also invented the lightning rod, which is a simple metal device placed on top of a building with a metal wire running to the ground. In case of lightning strikes, the metal rod conducts the lightning to the ground, thus protecting the building. This method of protecting buildings is in use to this day. Some of his other inventions are swimming fins, bifocal glasses, odometer, and a new type of heating stove. All of his inventions improved the quality of life in some way.

Notably, Franklin did not patent any of his inventions because he believed that the benefits of scientific progress should be shared by all. He stated in his autobiography: “As we enjoy great advantages from the invention of others, we should be glad of an opportunity to serve others by any invention of ours, and this we should do freely and generously.”

Franklin thought of himself, first and foremost, as a printer. He was one of the most successful printers of his time, and is a model example of successful entrepreneurship. Not only did he master his craft, but he also acutely observed his community, and came up with ingenious ways to meet the needs of the people, which is what made him such a successful entrepreneur.

This article would be remiss without mention of Franklin’s ownership of enslaved people, who contributed greatly to his businesses’ success. He later freed the people believing that slavery was evil, and founded an anti-slavery society before his death.

 


Pranita Dhungana, at the time of this post, is a third-year law student at Penn State Dickinson Law, and has a B.S. in Chemistry. She will be pursuing Intellectual Property law upon graduation.

 

 

Sources:

cliffordjones.com/2018/01/benjamin-franklin-entrepreneur-and-small-business-owner

https://www.forbes.com/sites/keithkrach/2022/09/20/7-insights-on-americas-most-successful-revolutionary-entrepreneur-benjamin-franklin/?sh=4a825d976072

https://owlcation.com/humanities/Benjamin-Franklin-Founding-Father-Entrepreneur-and-Scientist

https://www.entrepreneur.com/topic/benjamin-franklin

http://www.benfranklin300.org/etc_article_entrepreneur.htm

https://learning.oreilly.com/library/view/entrepreneurs-who-changed/9780744036114/Text/022-025_Benjamin_Franklin.xhtml

Showing your Hand: Can Any Business Succeed Without IP?

by Joseph Crowley

Coke or Pepsi? D.C. or Marvel? It’s safe to say you probably prefer one of each category or dislike both options. But why? After all, Coke and Pepsi are both Colas. D.C. and Marvel both make comic books. The answer is obvious. You prefer Coke or Pepsi because of the flavor recipe and pick D.C. or Marvel because of the specific characters and stories.

In the Cola example, each company’s recipe is not public information. In the comic book example, each company holds intellectual property rights over its characters and settings. These companies’ business models necessitate the protection of their intellectual property from use by other companies. This business model is the norm in most industries. If you create or invent something, you should copyright, patent, or trademark it to control the sales of that product. But what if your company ignored this standard? What if your company deliberately avoided intellectual property rights by putting the recipe on the internet for everyone to see?

In the 2010s, a technology manufacturer headquartered in Loveland, Colorado, tested this idea. Aleph Objects produced a 3D printer line called the “Lulzbot.” What made this product interesting was the “open ethos” behind its production. Not only was the product developed using open-source technology – technology produced and published without securing intellectual property rights – but the device itself was “open.” The recipe of the hardware components used to build the physical printer was available online through Aleph’s website. The software used by the printer was fully open-source as well. Nothing in the device’s makeup was proprietary. Individuals were free to build their own Lulzbot without paying the company anything.

Can this business model be effective? If the company doesn’t protect its product from being replicated by other manufacturers, can it still make a profit? Let’s explore the pros and cons of this model.

Pros

Cheaper Startup Expenses

If you’re starting a company to sell a product you designed/invented, any decent lawyer will encourage you to get a patent on your design. You produced something unique, making it competitive in the marketplace. However, the expenses necessary to secure a patent can be intimidating for a company that is just starting out. Costs vary depending on the industry, but securing a patent will likely cost a business thousands of dollars. This price tag includes fees assessed by the USPTO and expenses on patent attorneys. You may spend even more money if your first application gets rejected and you need to try again. If you choose not to patent your product, you obviously save this money.

Harness Customers to Improve the Product

Employing an open model can reduce research and development expenses. If you produce open-source software and hardware, your customer base can contribute to the development of your company. As customers tweak the product with minor improvements and revisions, you can implement these changes in your production model. Under this scheme, you aren’t solely dependent on your R&D engineers (which, as a startup, may just be yourself) for good ideas. A limitless team of people can make suggestions, all for free.

No Need to Defend Your Intellectual Property

Even if you secure intellectual property rights to your product, you still need to defend these rights from would-be duplicators. Failing to do so will hurt your business, causing your market share to decrease and possibly losing your patent altogether. If you never secured the patent in the first place, this problem doesn’t exist. You don’t need to spend money on lawyers to protect your intellectual property.

Cons

Idea Theft

If you are not securing intellectual property rights over your product, your competitors can replicate it. If you place your cards on the table, your opponents will know what they’re up against. They can take advantage of your good ideas, but you will not see any improvements they make. It’s easy to see how your business can fall behind the competition in this situation.

Industry Dependent

Let’s face it, in most industries, this model can’t work. You won’t beat Coke by making your own Cola and publishing the recipe online. If you’re trying to beat D.C. and Marvel, letting them use your characters in their stories will not help. This business model may be effective in the technology industry, but perhaps nowhere else. Open-source software is already an industry standard, and open hardware has been done before, as seen with the Aleph Objects example.

Making Money

If you publish the schematics for your product online, how can you expect to sell any units? Why would consumers buy from your company when they can make your product themselves? For this business model to be successful, you must take advantage of economies of scale. Your production costs must be low so you can still price-compete with individuals who would buy the parts and build your product themselves. These margins are going to be tight. You can’t markup your product’s price when building one is easy and cheap. This model may require higher startup costs to make production efficient enough for prices to stay low.

The Takeaway

It is impossible to recommend an “open ethos” model to all business owners. The model is too industry and circumstance specific. Lawyers usually recommend that business owners secure intellectual property for a reason. However, for some entrepreneurs (particularly those with very progressive views regarding the philosophy of ownership), the “open ethos” model may work. Playing while showing your hand is a bold strategy in any card game, but you can still win if your cards are good enough.

This post has been reproduced and updated with the author’s permission. It was originally authored on January 31, 2023 and can be found here.


Joe Crowley, at the time of this post, is a third-year law student at Penn State Dickinson Law. He is originally from Fort Collins, Colorado. He received his undergraduate degree from Colorado State University. He is interested in all aspects of business and tax law. In his free time, he likes to watch movies, read, and play chess.

 

 

Sources:

https://www.elsevier.com/connect/6-things-you-should-know-about-open-source-hardware#:~:text=Using%20open%2Dsource%20hardware%20can,researcher%20for%20the%20same%20scope

https://opensource.com/business/15/11/open-ethos-powers-lulzbots-success

https://www.schroederpatlaw.com/intellectual-property-faq-archives/can-i-lose-the-right-to-patent-my-invention/

https://www.uspto.gov/trademarks/basics/trademark-patent-copyright

https://uslawpros.com/how-much-does-a-patent-cost/

https://www.ycombinator.com/library/56-why-the-best-companies-and-developers-give-away-almost-everything-they-do