The Internal Revenue Service has fully embraced the 21st century. Now, all tax-paying citizens can learn about the stimulus package incentives contained in the American Recovery and Reinvestment Act of 2009 (“ARRA”) in a simple, yet very tech savvy manner. The IRS has released a series of YouTube videos and podcasts. YouTube topics include the First-Time Home Buyer Credit, Unemployment Compensation, Charitable Contributions, and Tax Scams. The videos are also offered in Spanish and American Sign Language. Podcasts focus on the tax credits available under the ARRA. Taxpayers may subscribe to these podcasts through i-Tunes or they may download them directly from the IRS’s website.
For more information, visit the IRS Web site, or you may go directly to the IRS’s podcast download page or its YouTube channel.
Russell M. Cunningham, IV, Cunningham Firm, LLC
The notoriously vigilant Apple Corporation – maker of the iPod and a few other products you might have heard of – has targeted yet another company in its ongoing pursuit of trademark protection. According to both Apple Insider and All Things Digital, Apple is challenging a supermarket chain out of Australia who has recently redesigned a logo bearing too much of resemblance to the company’s own iconic symbol.
According to Zach Spear of the Apple Insider, Woolworths, Down Under’s largest grocery seller, has avoided mentioning apples in relation to its new mark, instead claiming the stylized ‘W’ was “paired with ‘an abstract leaf symbol’ to represent fresh food.” Unfortunately for the retailer, Apple finds the design too close for comfort. Perhaps most unsettling to Apple is that Woolworths has applied for a blanket trademark that would also include consumer electronics and technology. While no one would expect Apple Corporation to be associated with a grocery store, could there be a likelihood of confusion to the consumer if Woolworths begins carrying electronic and technology products?
For now, this is a decision in the hands of IP Australia, but the case raises interesting questions about the importance of brand identity and trademark protection. In the case of Apple, the company takes its trademark protection very seriously – even going so far as to engage in a 30 year legal battle with the Beatles’ parent company over the name “Apple.” While that issue has been settled in the last two years, you can bet that Apple will continue to keep a close eye on the ever-changing business landscape for other possible intellectual property infringers.
Elizabeth Ritter, Goodrich Law Firm
Last month we alerted you to changes at the U.S. Small Business Association thereby making it easier for small businesses to attain loans and gain access to capital in these cash-strapped times. (See Stimulus Package for Small Business: Time is Running Out!). According to a news release from the SBA, these incentives have allowed the organization to increase both the dollar volume it loans to small businesses as well as the volume of loans approved each week. In fact, September of 2009 saw the largest amount of money given out by the SBA in just over two years.
SBA Administrator Kathy Mills said, “These numbers, along with our conversation with lenders and small business owners around the country, show that the Recovery Act hit the mark … With half the nation’s workforce either working for or owning a small business, these dollars played a critical role in driving economic recovery across the country.”
Alabama is faring even better than the national average since the passage of the American Recovery and Reinvestment Act. “Since the Recovery Act was passed, weekly dollar volume has increased 104% in the state of Alabama,” says a representative from the U.S. SBA’s Alabama District Office. That’s in comparison to a 60% increase nationwide. “We’ve done very well in comparison to other states … We’re excited about it.”
For more information, visit the SBA site.
Mike Goodrich, Goodrich Law Firm, LLC
The Small Business Administration (SBA) set aside $375 million to eliminate loan fees on 7(a) and 504 loans. In some cases, this will increase the agency’s loan guarantee rate to 90% on 7(a) loans. Normally, SBA guarantees are 75% of a loan up to 1.5 million and 85% if the loan is less than $150,000, so the current increased percentage encourages banks willingness to lend money. (The SBA is also offering the America’s Capital Recovery Loan Program which provides interest-free, 100% guaranteed loans up to $35,000 for small businesses struggling during this particularly trying economic time. See “America’s Capital Recovery Loan Program.”)
SBA loans are especially beneficial to small businesses because the government is guaranteeing a high percentage of the loan, rendering the loan less risky for the potential lender. However, just as the cash for clunkers program ended, there is limited time to qualify for an SBA loan at this high guaranty rate. John Miller, spokesperson for the SBA, expects the program to end in November or December, leaving two months to take advantage. After that, guarantee rates will drop as much as 15%. If your company is looking to receive a small a business loan, the time is ripe to apply for one.
On Monday, September 14, 2009, the Associated Press reported that, increasingly, small businesses are the target of cyber criminals. According to the AP, many of the attacks are based abroad and include the theft of credit card numbers as well as of personal information–social security numbers included–of the card holders.
Michael Merritt, Assistant Director of the U.S. Secret Service’s Office of Investigations, stated that because larger companies have more money, and therefore more advanced security systems, criminals have adapted and gone after smaller amounts from smaller companies, who may not have as strong security systems in place. read more…
How to Respectfully Terminate Employees – Entrepreneur.com – Terminating Employees
This is a good article by Michael J. Lotito from Entrepreneur.com on terminations. Summary: “There are three key aspects of a proper termination: legal, psychological and sociological. The legal component involves reviewing the law and making a reasoned business decision, reviewing records and obtaining valid releases of potential claims. The psychological component involves allowing the terminated employee to tell his or her story and leave the company with dignity. The sociological component involves considering the impact of a termination on remaining employees and the outside world.”
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Jefferson County is on the verge of a financial meltdown. The cause, however, is not the escalating sewer bond debt. It is the loss of the occupational tax. My last blog on Jefferson County’s occupational tax discussed Judge Rains’ January 12, 2009 opinion invalidating the occupational tax. While his opinion allowed the continued collection of the tax, it required the proceeds to be placed in an escrow account. Jefferson County appealed Judge Rains’ decision to the Alabama Supreme Court as well as petitioned Judge Rains for use of some of the occupational tax funds. In March, Judge Rains ruled that the county could spend occupational taxes collected through May 18, 2009. Not coincidentally, that date was the day after the end of the regular legislative session. Accordingly, the Alabama legislature had to pass a new occupational tax for Jefferson County by the end of the legislative session or the county would be without 26 percent of its general fund resources. The county projected during the session that the loss of the tax would cause the county to run out of money sometime in August.
The federal minimum wage will go to $7.25 an hour on July 24, 2009 from its current level of $6.55. Last July, the wage floor was raised from $5.85 per hour. The increases were mandated by a bill passed by Congress in 2007.
DeWayne Pope, DeWayne Pope LLC
Facebook, currently the fastest growing online social network, recently announced via its blog that its users will be allowed to create personalized usernames or “brands” for their Facebook pages. (See Coming Soon: Facebook Usernames). According to the blog, users will be allowed to choose their username on a first-come first-served basis beginning on Saturday, June 13th at 12:01 a.m. EDT.
This raises a red flag for intellectual property attorneys because these usernames may potentially infringe upon the intellectual property of their clients. Facebook has attempted to alleviate this issue by creating a separate online form for intellectual property owners that wish to prevent their marks from being registered as usernames. (See Preventing the Registration of a Username). We recommend that intellectual property owners fill out and submit this form as soon as possible in order to prevent the use of your intellectual property on the site.
In addition to notifying Facebook of your intellectual property rights, we highly recommend that intellectual property owners go one step further to ensure their rights remain intact. This step involves monitoring the Facebook site to ensure that usernames are not infringing upon your intellectual property rights. Otherwise, you risk losing the intellectual property due to a failure to monitor and enforce your rights in the intellectual property. In the event that an infringing username is discovered, the intellectual property owner should file notice of intellectual property infringement with Facebook in addition to notifying your legal counsel. (See Notice of Intellectual Property Infringement).
Please do not hesitate to contact us with any questions or concerns.
Elizabeth Ritter, Goodrich Law Firm, LLC
Pursuant to the Alabama Litigation Accountability Act, ALA CODE § 12-19-270 et seq. (“ALAA”), “in any civil action commenced or appealed in any court of record in [Alabama], the court shall award, as part of its judgment and in addition to any other costs otherwise assessed, reasonable attorneys’ fees and costs against any attorney or party, or both, who has brought a civil action, or asserted a claim therein, or interposed a defense, that a court determines to be without substantial justification, either in whole or part.”
As written, the ALAA appears to entitle a prevailing party an award of attorneys’ fees in any case where no substantial justification for a claim or defense asserted exists. As a practical matter, however, courts are unlikely to award attorneys fees unless there is a clear entitlement provided by contract or by statute. This is probably a function of the difficulty in defining a “substantial justification,” along with the reality that judges are elected and would rather not award attorneys’ fees against any party unless they feel they have no choice.
