Law Blog

Is Minimum Wage Required for My Startup’s “Gig” Workers?

Is Minimum Wage Required for My Startup’s “Gig” Workers?

Employment Agreements, Independent Contractor, Start-Up
Startup companies (particularly those in technology or e-commerce) typically rely on independent contractors to fill key roles in the early stages of development, design, and implementation. But not a few startups we advise also rely on short term, part-time, “gig” workers to make their business model go. These workers are typically paid by the end-customer through the startup's platform, which facilitates the transaction (usually for a cut). So, are such companies required to pay or guarantee a certain minimum wage to such workers? Minimum Wage and Arizona Law NOTE: I am only licensed to practice here in Arizona and, as such, this post deals strictly with the law of Arizona. You should research the law of your own state or consult a qualified lawyer in the state where you are…
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Southwest’s Efforts to Enforce Browsewrap Terms Isn’t Peanuts

Southwest’s Efforts to Enforce Browsewrap Terms Isn’t Peanuts

Contracts, E-Commerce, Terms of Service
Remember these...? Last month, Southwest Airlines Co. (“Southwest”) filed a complaint in a Federal court in Texas (where the discount fare airline is based) against Kiwi.com, an online travel site. While the lawsuit revolves around Kiwi’s scraping of airfare data from Southwest’s website, as well as violation of the Computer Fraud and Abuse Act (CFAA), it offers some valuable lessons to e-commerce and online businesses relying on “browsewrap” terms for their website. Case Background In the Complaint filed in Southwest Airlines Co. v. Kiwi.com, Inc., No. 21-00098 (N.D. Tex. filed Jan. 14, 2021), Southwest accuses Kiwi of scraping of the airline’s flight and pricing data off of its website and selling Southwest tickets through its own platform (apparently charging service fees on top). Southwest, in its breach of contract count,…
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What Is The UDRP? (and Why It Matters to Your Business)

What Is The UDRP? (and Why It Matters to Your Business)

Domain Names, Trademark, Trademark Infringement, UDRP
In the past month, I've had a number of clients who are either facing, or are in a good position to use, the Uniform Domain-name Dispute Resolution Policy (UDRP) for their websites and domain names. Given this rash of requests to our e-commerce law firm, this might be a good idea to explain just what is the UDRP and the advantages it offers online businesses and trademark owners facing disputes over domain names utilizing or confusingly similar to their valuable brands. What is the UDRP? The explosion of the World Wide Web in the very late 20th Century led to a number of enterprising individuals attempting to register trademarks they did not own or had no legal authority to use as Internet domain names. The purpose behind this "land grab"…
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How Do I Trademark My Book Title?

How Do I Trademark My Book Title?

Entertainment, Trademark, Trademark Infringement
Stacked Books by Thought Catalog from Pexels Every now and then, I'm asked by aspiring authors, songwriters, film makers, and other creative types, “How do I trademark the title of my book [or song, movie, etc.]?” In this post, we take a look and answer the question of whether titles to books can even receive trademark protection and how you can possibly protect the economic value of that awesome book, song, or painting title of yours. Ben's Note: For purposes of this post, I will keep things simple by referring to titles of books, but, for the most part, you can extrapolate these ideas to whatever work you’ve created, e.g., new song, photograph, YouTube video, etc. Can I Trademark My Book Title? First off, let's eliminate the suspense. In general,…
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Using Your Home Address as Known Place of Business in Arizona

Using Your Home Address as Known Place of Business in Arizona

Business Formation, Corporations, Entity Formation
Startup founders who have just launched their business are usually focused squarely on developing their MVP and are not quite at the point where they need office space or want to take on the expense of an actual lease. These business owners will frequently ask our Phoenix startup law practice if they can use a home address (usually that of the company owner or a shareholder) as the known place of business for their Arizona corporation? First of all, the usual caveats. This post deals strictly with Arizona law and requirements. You should always examine the applicable law of your state of formation or consult an attorney practicing there. For purposes of this article, we also are focusing on Arizona domestic corporations. Now, let’s take a look at what Arizona…
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