Modern Creators

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Modern Creators

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Modern Creators

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Practice Areas

Privacy, Cybersecurity, and Technology

As a business owner, you may rely on employees, contractors, service providers, and web-based technologies and applications to help run your business. However, sharing personal or sensitive information can expose you and your customers to significant data privacy and cybersecurity risks. Standard contracts and website templates are often insufficient to protect against these risks, especially given the amount of sensitive data shared online and the increasing sophistication of hackers.

Our General Counsel services can help mitigate these risks by working with you and your team to understand your data and how it is shared with others, identifying areas where your business may be vulnerable, and building robust contract templates to protect data transfers to third parties. We can also review and advise on data privacy agreements, information security agreements, open source agreements, and other relevant contracts.

Our legal expert, Melia Arnett-Archie, Esq., CIPP/US, CIPP/E, is certified in data privacy through the International Association of Privacy Professionals and can help you develop privacy policies and notices that align with your business practices and legal requirements.

Most importantly, we can help you use the data you collect in a compliant manner, enabling you to provide personalized customer experiences and make informed business decisions. We’d like to help you navigate the complex landscape of data privacy and cybersecurity.

Our Internet Privacy and Cybersecurity Services include

Global Data Privacy and Cybersecurity Laws are becoming increasingly more restrictive. These laws generally protect people’s personal information from bad actors and big corporations’ relentless marketing strategies. However, the changes to ad marketing and data collection due to these rules impact smaller businesses. Every business owner is responsible for protecting the data they hold about their customers and could become liable should that data be misused. Our team will assess your current data collection and handling practices, provide an overview of critical risks, and work with you to develop a risk-based compliance plan.
Businesses must be transparent about what personal information they collect about customers, how they use that information, third parties they allow to access the information, and much more. Template website language is not tailored to a business’s data handling practices which could expose the business to regulatory enforcement actions. Our firm specializes in the review and drafting of tailored Data Privacy Policies and Statements to ensure you are adequately communicating with your customers about your privacy practices.
Many creatives and business owners, like Photographers and Videographers, build their business models using other people’s images or information. It’s almost always the case that permission or consent is required before such use is permissible. We help you understand where notice and consent is required and then draft clear and concise documents that are easy for you to use.
Having a lawyer on call to review a contract is one of the best resources a business owner can have. Let us help you understand what complex legal terms mean, challenge overly broad and confusing language that may damage you in the future, and suggest language that aligns more closely with your business goals. We can also draft tailored agreements that help you lead in negotiations with contractors, service providers, manufacturers, vendors, and the like.
  • Risk Assessments and Compliance Planning
    • Global Data Privacy and Cybersecurity Laws are becoming increasingly more restrictive. These laws generally protect people’s personal information from bad actors and big corporations’ relentless marketing strategies. However, the changes to ad marketing and data collection due to these rules impact smaller businesses. Every business owner is responsible for protecting the data they hold about their customers and could become liable should that data be misused. Our team will assess your current data collection and handling practices, provide an overview of critical risks, and work with you to develop a risk-based compliance plan.
  • Data Privacy Policy, Statement, Drafting & Review
    • Businesses must be transparent about what personal information they collect about customers, how they use that information, third parties they allow to access the information, and much more. Template website language is not tailored to a business’s data handling practices which could expose the business to regulatory enforcement actions. Our firm specializes in the review and drafting of tailored Data Privacy Policies and Statements to ensure you are adequately communicating with your customers about your privacy practices.
  • Disclaimers, Notices, and Consent Drafting & Review
    • Many creatives and business owners, like Photographers and Videographers, build their business models using other people’s images or information. It’s almost always the case that permission or consent is required before such use is permissible. We help you understand where notice and consent is required and then draft clear and concise documents that are easy for you to use.
  • Contract Drafting, Review, & Negotiation
    • Having a lawyer on call to review a contract is one of the best resources a business owner can have. Let us help you understand what complex legal terms mean, challenge overly broad and confusing language that may damage you in the future, and suggest language that aligns more closely with your business goals. We can also draft tailored agreements that help you lead in negotiations with contractors, service providers, manufacturers, vendors, and the like.
  • Copyright Filing & Registration for source code

Practice Areas

Trademark Flat Fee Services

Trademark Conflict Search

(Three Search Levels to Choose From)

Services Included:
FEDERAL TRADEMARK CONFLICT SEARCH

Search of federal data base to determine if the mark you want is available for registration.

Your Value:
  • Save you time and expense of filing an application for a mark that has already be registered
  • Help you make early strategic decisions about your business and brand
  • Avoid accidental infringement which may lead to costly litigation

Our Process is simple:
  • Provide us with information about your mark
  • We’ll run a search and prepare a report
  • You will review the results along with our recommendations and decide on the next steps

Services Included:
COMMON LAW CONFLICT SEARCH

Search of federal data base plus:

Your Value:
  • Corporate names
  • Search of state registered trademarks
  • Search of common law trademarks being used online and on social media networks
  • Internet domain names

Services Included:
PLUS INTERNATIONAL CONFLICT SEARCH

Search federal, state, common law, and international databases (including Canada, UK, EU, and World Intellectual Property Organization (WIPO)

Trademark Registration

Now through January 31, 2023

Services Included:
Federal application to register your trademark with the United States Patent and Trademark Office (USPTO)

Your Value:

  • Maintain ownership of your brand names, slogans, and logos
  • Guard your brand from copycats and thieves
  • Build your legal case of ownership in case it ever needs to be proven in court

Our Process is simple:

  • Give us background on your business/brand and the mark you want to register
  • We will conduct a legal assessment and report back to you
  • We will prepare and file your application with the USPTO. (Applicants should expect a decision within 3 to 6 months of filing)

Trademark Monitoring

Now through January 31, 2023

Services Included:
We actively monitor applications filed with the United States Patent and Trademark Office (USPTO) and notify you if a filing infringes upon your mark

Benefits to Monitoring Your Mark:
  1. To protect the value of the trademark: Trademarks are valuable assets that can help to differentiate your products or services from those of its competitors. By monitoring for infringing uses of the trademark, you can take action to stop infringing uses and protect the value of your mark.
  2. To prevent consumer confusion: Infringing uses of a trademark can cause confusion among consumers, who may mistakenly believe that the infringing product or service is affiliated with your brand. By monitoring for infringing uses, a you can take action to prevent consumer confusion and protect your brand.
  3. To maintain the trademark’s legal protections: In order to maintain the legal protections afforded to a trademark, the owner must take steps to police and enforce their rights in the trademark. This includes monitoring for infringing uses and taking appropriate action to stop infringing uses.
  4. To identify potential licensing or partnership opportunities: By monitoring for infringing uses of your trademark, you may also identify potential licensing or partnership opportunities. For example, if a business identifies an infringing use of its trademark on a product or service that it does not offer, it may be able to negotiate a licensing agreement or partnership with the infringing party.

Our Process is simple:
  • Complete our trademark monitoring questionnaire
  • Our team customizes your monthly monitoring query
  • We become your brands watchdog! You begin receiving a monthly trademark monitoring report one month after registration.

Our monthly trademark monitoring report includes:

  • A summary of the monitoring activities conducted during the month including, a list of the sources that were reviewed.
  • A list of all potentially infringing uses of the mark that were identified during the month, along with details about each use, such as the source and the nature of the infringing use.
  • A summary of any action taken in response to infringing uses. Our firm will always consult with you before pursuing a course of action such as sending a cease-and-desist letter or initiating legal action.
  • A summary of any relevant legal developments that may be relevant to your mark, such as changes to trademark laws or decisions in related legal cases.
  • Recommendations for future action, such as additional searches or legal action to be taken in response to identified infringing uses.

Our report provides a comprehensive overview of the monitoring activities conducted during the month. This is a proactive approach to brand protection allowing you to set your business’ offense in confidence.

Templates and Forms

We provide a library of templates and forms to help our small business owners, influencers and creators work independently.

All of our templates are available at a flat rate of $175.

Review and customization are available for an additional fee.

Let's Get Started

We make working with us EASY!

If you are a Modern Creator who knows what you need, please select from our list of services, and let’s get to work!
Please book a *$25 15-minute consultation if you’d like to discuss your needs and learn more about how we can help you meet your goals.

*This fee is deducted from your bill when you formally engage us for legal services.

Let's Get Started

At our law firm, we strive to make working with us as easy as possible. If you know what you need, you can select from our list of services, and let’s get started.

If you want to discuss your needs and learn more about how we can help you achieve your goals, book a 30-minute consultation for just $30. This fee will be deducted from your bill when you formally engage us for legal services. We look forward to working with you and helping you succeed as a modern creator.