Just a reminder that TODAY is that last day to email us your trademark and copyright questions to be answered by legal veteran Scott Schwartz. You can also post them in the comments here.

Hey there Bakers! We have an exciting opportunity. Over the past few years, as the rise of Internet artist and designer portfolios, we have also seen the rise of copyright infringement and what we might want to call “copycat” art. We have seen friends’ work taken and reused by large retailers for profit without permission. So how do you go about protecting yourself from falling victim on this great big place called the Internet? Well, we wanted to get you the best advice possible, so we teamed up with legal veteran, Scott Schwartz who hails from major law firm Cozen O’Connor.

Scott has agreed to answer selected questions regarding protecting your work, dealing with copyright issues, and what to do when you find  someone using your work (Scott calls that infringement). So, email us your questions or put them in the comments on this post and he will answer them in an upcoming post.

Scott reminds us that his responses should only be read as general legal comments about copyright and trademark law and they are not a replacement for attorney advice from an attorney that you hire and that is familiar with all of the facts and circumstances of your situation. Scott is really looking forward to responding to the selected questions but his answers do not create an attorney/client relationship.

Here is some more information about Scott:

Scott has a practice focused on all aspects of  trademark, copyright and unfair competition law and related  litigation. He represents clients in a wide range of industries and  at different stages of their corporate development helping them  identify and protect their intellectual property rights and assets.  Scott routinely counsels clients on branding issues such as clearing  and registering their trademarks and addressing enforcement issues. Scott joined Cozen O’Connor’s Philadelphia office in June 2002 and  is a member of the Intellectual Property Department. Before joining Cozen O’Connor, Scott was in-house counsel at Intel Corporation for  more than three and a half years as a senior attorney responsible  for implementing and managing global trademark enforcement and  protection strategies for marks including the Pentium® and Intel  Inside® trademarks. He also served as an associate at the  intellectual property law firm Woodcock Washburn. He is a regular speaker on the topic of trademark and copyright law. In addition to appearing on local news programs discussing issues  from the iPhone trademark to the Wal-Mart “Smiley Face”, Scott has spoken at multiple International Trademark Association programs and  CLE courses put on by the Pennsylvania Bar Institute and the Delaware Valley Chapter of the Associate of Corporate Counsel. He has been quoted on intellectual property issues in BrandWeek, Best’s Review, and California Lawyer Magazine. In addition, Scott previously chaired the U.S. Legislation and Regulations Subcommittee  and New Regulations Subcommittee of the International Trademark  Association. Scott is an adjunct professor at Drexel University in the  Entertainment & Arts Management Program of the Westphal College of Media Arts & Design where he teaches Copyrights and Trademarks for  Entertainment & the Arts. Scott also proudly serves as a board  member of Federation Early Learning Services. Scott received his bachelor of arts degree from American University and his law degree from the University of Buffalo School of Law. He  is admitted to practice in Pennsylvania, New York and Washington, D.C. Scott is also a member of the Screen Actors Guild, having  appeared in his youth in various commercials as well as more  recently in an independent film.

image credit: sergey komarov

Interns are so incredibly essential for start-ups, whether you need a spare hand to ship product or are desiring a human body to bounce ideas off of. Yet sometimes the wrong intern can be detrimental to your business — and you’d be better off without one. Here’s how to avoid making the mistake of choosing the wrong intern — and finding the best!:

1. Know your needs. Sure, managing someone else sounds glamorous, but the truth is — some people aren’t cut out for the job. Take a good look at yourself and your skill set. If you’re not great with managing people, you’ll need a self-starter who doesn’t mind motivating him/herself. On the flip side, if you love being involved daily, your intern will need to be prepared for a give/take relationship.

2. Pay attention to details. Spelling error in a cover letter? Poor formatting of a resume? Sure, you can’t judge a book by a cover, but you can judge it by its grammar… We all know that some people are very good workers and just plain horrible at spelling. That’s fine and totally acceptable, but when it comes to applying for a job, even if you stink at spelling, someone should review your resume or the least they could do is Spell Check. Otherwise, how do I know you’re not going to overlook important details in my business?

3. Commit. Having an intern deserves quite a bit of attention, so be sure to carve out some time in your schedule to find the right fit. If you can’t devote a few hours in your day to finding someone, how will you set aside time to manage them?

4. Check referrals. It may take an extra half hour, but if you’re serious about an applicant, follow up with their referrals. It’s always good to get a feel for the person you’ll be working with — and the best way to do that is to ask around.

5. Be honest. Tell the intern how much he or she will be working on a weekly or daily basis. Be realistic about these hours and the workload, and don’t try to make your place of business seem like a day at the park. Even if you aren’t paying them, it’s still work. Tell them what they can expect up front.

6. Don’t assume. Interns are usually young, mostly either college students or just out of college. Don’t assume that they know the terminology or the way you do things right off the bat. Remember, this is usually their first experience working in “the real world” so be sure to offer them the proper training and walk through everything. If you want things done a certain way, show them how to do it that way from the get-go.

7. Challenge your intern. Interns are working with you to learn. If you have an intern stuff envelopes all day, what is really being taught other than how to get a paper cut on every finger? Challenge your intern with some more advanced tasks to keep the excitement and interest.

8. Refer, recommend, or hire. Once your intern is done working for you, offer him or her a nice referral letter or Linked In recommendation to bolster their resume. Remember that this person helped you out (probably with no pay) so it’s time to pay it forward and help your intern take the next step in his or her career. Or, if it was working out very well and you have an opening — offer the job!

I am a graphic designer and I’ve been told (by professors and mentors) that listing your rates/pricing online is tacky. I am noticing more and more lately, prices for design of a web site, brochures or other collateral materials being listed like a restaurant menu on designer’s websites or blogs.

I see the benefit of both positions but the word “tacky” sticks in my mind. Although, consumers do seem to be geared toward “value meal” decision making so, maybe it’s “less tacky” now?

Love,
PriceLine

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Hi PriceLine!

What a great question! I tend to agree with your professors and mentors in this case, actually. I don’t necessarily see listing prices online as tacky, but I do think that graphic design is more of a service and less of a product, which calls for a detailed explanation of pricing. Two reasons for this:

1. Graphic design is complicated and prices can vary, so I think any potential customer would understand that a menu of services may not be the right approach. What you’re offering doesn’t always fit into a nice little package that can be easily duplicated from client to client. Most graphic work is custom and client-specific so no one price will fit all. After all, no one likes to think that their project will be anything less than 100% custom, so pricing should be included in that!

2. If a customer contacts you for pricing, rather than simply looks online, you now have the potential for a personal relationship with that customer, which is always a good situation. Responding to price quotes is your opportunity to shine and really showcase your work and personality. You can’t get that in an online menu of pricing!

So yes, I’m going to agree w/ your mentors. Keep the pricing off your site and add a contact form for easy communication.

Good luck!

Love,
BAKERY

Dear BAKERY,

As a small business owner dealing with some large-sized customers I often find it to be a challenge when handling returns, especially the return of seasonal goods. Large vendors can (much) more easily swallow the loss involved in returned goods compared to a small business like mine. I know that in order to “play in the big leagues,” so to speak, I also have to have a similar policy. Even with a restocking fee, having returned goods definitely affects my bottom line. However, losing a customer because of this would be a shame. Any advice?

Love,
Stockpiled

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Hi Stockpiled,

Ugh, the dreaded restocking fee. I can see how one customer or two customers who are just the average Joe were to purchase something then decide they didn’t want it, that they could return it. Usually shops ask for a 10% restocking fee, and sometimes no fee at all.

But, I guess I am confused as to why you are allowing large customers to return items? How many items are being returned at once? Are these vendors that are purchasing wholesale? In my opinion, if you are a company and you place an order with another company — once you buy it, it’s yours. It should no longer be the original sellers’ problem after that. These vendors should order what they think they need and reorder more if they begin to run out. If they’ve ordered way too many items and you’re accepting items back in stock, it might be a good idea to up your restocking fee to dissuade them from over-purchasing. Everyone loses money with seasonal items that don’t sell. It’s your choice whether you want it to be you or them.

Another thing you could do is look at the past history of these clients and see how many items they have ordered in the past and then how many came back to you. Suggest that they order a few less than they did last year and remind them how many items they sent back, along with the fact that they spent extra money on restocking fees. Try to act like you’re really thinking about saving them time and money by not having to send anything back to you. They will appreciate that you have their best interest in mind.

If you find that it really puts you at a loss and you feel there’s no way out, you can opt to mark seasonal goods as “final sales”. That would eliminate your problem altogether

Love,
BAKERY

image credit: jereitman2

Want to be involved in the hottest new business consultancy online (and yes, that’s us!)? Join our next Half Dozen course: 6 Weeks to a Tastier Business!

Registration will close on Monday, when our first session begins. The course is 6 weeks, strictly online and just $120, which averages to nothing more than an AWESOME deal.

Forget your bikini body; get your business into shape this spring and sign up now.
Course info here and FAQ’s here!

See you Monday!

I am considering setting up a profit-sharing program for my staff. What percentage of independent business do this? Are there some general guidelines, pros, cons, etc I should be considering?

Love,
Generous Girl

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Hi Generous Girl,

We’re so happy that you have considered a profit-sharing program for your staff. It’s a wonderful way to motivate staff members. Sharing the wealth will create more employee loyalty and even comfort. When the employees know that some money comes to them at the end of the year (or whenever) based on the company’s profitability, they are more likely to work harder and really feel vested in the success of the company. These are all pros of profit sharing.

When it comes to independent businesses, there are not too many very small indie businesses going in this direction but that doesn’t mean they shouldn’t. Once you get big enough to have a number of employees, it’s certainly a more serious consideration. In fact, I think your staff will be very excited.

Profit sharing is a broad term that can cover anything from 401k programs to stock options. One of the plans I think would be most effective in a small business is to offer employees performance-based incentives such as cash bonuses or a sliver of the profit pie at the end of the year. These allow you to be more flexible and creative, whereas a standard plan like a 401k is very standardized and rigid.

Here is how we think you should get started:

- First, research the traditional profit sharing plans available and if you want to go with something more standard, meet with a qualified professional.

- Second, structure your plan based on your objectives and what you think your employees will best respond to. If you’re looking to motivate, structure the plan around incentives. Also, take a look at who will benefit from the plan — everyone or a select few?

- Third, communicate and follow through. Make sure your employees truly understand the plan and how they can be successful. Also, listen to their questions and concerns and make changes based on their needs as well as your own. Don’t be afraid!

Well, we hope that this was helpful to those of you considering a profit-sharing plan in your own small business.

Love,
BAKERY

Further reading:
- Is Profit Sharing Right for Your Business?
- Should You Start a Profit Sharing Plan?
- Department of Labor Profit Sharing Plans Information

Our third BAKERY’s Half-Dozen: 6 Weeks to A Tastier Business course is now open for new students — register here! The class will begin on April 19, 2010, but be sure to register soon because space is limited and there are only 18 days to register.

The Half-Dozen course is an introductory course for small business owners, artists, and designers who would like to learn more about the fundamentals of running a successful business in the age of the Internet. Over the span of six (pretty intense but fun) weeks, you’ll gain an understanding of the following key business components: business plans, marketing plans, media kits, press kits, public relations, networking (both social and offline) and advertising.

This course is great for:

• New/startup businesses
• Young businesses
• Procrastinators (ha! you know who you are — this is your kick in the pants to get moving!)
• Offline/brick and mortar businesses looking to expand or market online
• One-person businesses
• Artisans, designers, and crafters
• New bloggers

You can learn more about the course schedule and read the FAQs on the Half-Dozen website.

image credit: fantaisiee

We snagged these tips from Etsy Wiki a few years ago, and have found that most clients have a ton of success with a few of these easy steps. Many you’ve probably heard and seem like no-brainers, but sometimes we need a reminder, right? While not for everyone, there are a few goodies that we think you’ll love! Plus, even if your shop isn’t on Etsy, most of these will still apply:

1. Join forums and put your Etsy store URL in your signature, if the forum rules allow it.

2. Find people to link to your Etsy store, and do the same for them in return.

3. Put your Etsy URL in your e-mail signature.

4. Advertise in free bulletin boards.

5. Do business card swaps with other Etsy sellers.

6. Vistaprint.com – free business cards and give them away like crazy.

7. Give free samples & business cards to friends & family – even if you’re shy about promoting yourself, your mom will likely brag you up!

8. Craft shows, farmers markets, etc. are a great way to show your stuff & hand out cards & brochures.

9. Talk about Etsy at craft groups (such as Stitch ‘n’ Bitch gatherings) Even if these people join up as sellers, we all know that sellers also buy! (Sometimes we buy more than we sell!)

10. Make bookmarks with your Etsy URL on them and give them to libraries and schools.

11. Ask shops, libraries, and any business with windows to have your advert on their window.

12. Give presents that you’ve made and accidentally give your business card with it

13. When someone needs your name, address or phone number give ‘em your business card that has all your details as well as your Etsy store URL!

14. Always wear items that you’ve made and have your business cards on hand to give to people who comment on your stuff.

15. Make up coupons for your store and leave them everywhere (people are more likely to visit your shop knowing that there’s a discount, etc).

Let’s Talk! is a new column here on BAKERY, where we want to talk with YOU about an important or controversial issue facing small businesses, social media, online marketing/PR, or blogging.

The first topic we’ll be addressing here is sponsored blog posts. Sponsored blog posts are posts that are paid for by advertisers. They may feature a product, an announcement, or just be a regular article with link(s) to the advertiser’s website.

So…let’s talk!

- Bloggers: Do you have sponsored posts on your blog? Why or why not? If you do then what practices do you implement with your sponsored posts, e.g., do you mark the posts as sponsored?

- Blog readers: Do you mind sponsored posts? Why or why not?

- Advertisers: Have you paid for a sponsored post before? What was the result?