An employee's motivation is a direct result of the sum of interactions with his or her manager. - Bob Nelson

The Customer May Be Wrong

The customer is always right is one of the most worn out cliches. Whenever a customer throws a fit, the customer is always right? Whenever the customer berates an employee, a customer is always right? Whenever a customer says bigoted, slanderous, or degrading remarks, the customer is always right? Of course not.

The customer has been taught that they are always right, not matter what, and the customer takes advantage of this fact to walk all over your employees to get whatever they want. Too often employers are so worried about negative backlash from customers on facebook, yelp, twitter, or other social media outlets that they would rather keep the customer happy then protect their employees, regardless of the circumstances.

How do your employees feel?

If the first time a customer is dissatisfied your employee has to worry that their their boss will blame them and let them go, how can the boss expect loyalty and motivation from his/her employee. If an employee does not feel that his/her boss has his/her back, then why should the employee work anything beyond the bare minimum? They are going to get fired soon anyways right?

Watch your front and your back

Not only do employees have to worry about keeping customers happy, all too often they have to watch their back as their boss works them to death. Many companies have the philosophy that there is an acceptable amount of turnover, so work your employees to their breaking point, wait until they start quitting, and then back off a bit.

Again, why do employers expect their employees to work hard and best represent the company when they worry about the customers getting them fired and their boss working them to their breaking point?

The rewards of putting employees first

"It should go without saying, if the person who works at your company is 100 percent proud of the brand and you give them the tools to do a good job and they are treated well, they're going to be happy." - Richard Branson (Virgin Inc.)

As employers put their employees first, the employees with put the customer first and a business will thrive and succeed. The key to success is great customer service, and the key to great customer service is happy and loyal employees.

Forbes agrees

The CEO of HCL Technologies (Vineet Nayar), one of the largest I.T. outsourcing firms in the world, argues that HCL got to be one of the world's largest IT firms is by putting employees first and customers second.

Short term gain v. long term success

Churning and burning through employees may generate short term gains for a company. It may temporarily boost sales or get a few extra billable hours, but for long term success putting employees first will create loyal hard working employees that will build the business and turn it into a success.

Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest.

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We live in a virtual world

Why should you be limited to the attorneys that live within driving distance from you?

Hire the best, not the closest

Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest.

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Different costs depending on the size of your business

The USPTO charges different fees depending on the size of your business. The USPTO wants to aid start-ups and small businesses as they pursue their intellectual property. Check out the requirements below to see which entity size you qualify as.

Micro Entity (Small dog in the fight)

Micro-entities pay the lowest fees at the USPTO. Here are the qualifications: Not named on more than 4 previously filed applications Gross income on last years tax filing does not exceed $202,563 Under no obligation to assign/grant/convey a license/ownership to another entity that does not meet the income requirements.

Small Entity (Medium dog in the fight)

Small entities pay medium fees at the USPTO. Here are the qualifications: A nonprofit organization OR less than 500 employees Have not assigned/licensed/conveyed an interest in the invention to a non-small entity

Large Entity (Large dog in the fight)

Large entities pay the heights fees at the USPTO. There are no qualification to be a large entity. If you do not qualify as a micro entity or a small entity you are a large entity.

Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest.

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The real question is not can you, but should you?

Having an intellectual property (IP) attorney prepare a patent/trademark/copyright application can be a large financial investment. The US patent and trademark office allows inventors to file their own applications without an IP attorney. So, should you save your start-up or small business some money and file the application yourself?

Patents, trademarks, and copyrights may become a sizeable investment for a start-up or small business. The question is often asked, "I am a smart person, I understand my business better than an attorney, can't I do this myself?" If you ask an attorney, you will get a biased that you need an attorney. After all they went to school for years to earn a degree to practice law. Plus, now they have large student loans to repay. But, just because the answer is biased does not make it wrong. To determine whether you not you need an attorney, you need to consider why you want a patent, trademark, or copyright.

Pending

Sometime businesses just want to be able to mark their product as patent/trademark/copyright pending to try and scare off competitors. If this is the case for you, you many consider preparing and filing your own patent/trademark/copyright. Although you patent/trademark/copyright application will not likely result in an actual patent/trademark/copyright, it gives you a period of time to show you have something pending to try and scare of the competition.

Long-Term Investment

If you are looking to use patent/trademark/copyright as an asset of you company that you invest in, then you should highly consider using an intellectual property attorney to help you prepare and file your patent/trademark/copyright application. It isn't that you are not smart enough to understand your own business or your invention, the issue is that there are a lot of nuances to patent/trademark/copyright.

When preparing a patent/trademark/copyright application, your intellectual property attorney considers how to get you the best coverage to protect your business or invention. How would someone design around your invention? How do can I best prepare to argue that this business or invention is different than what is already out on the market place? What recent court cases might affect this patent/trademark/copyright? These are just a few of the many questions an attorney considers in preparing your application.

Experience Matters

Any good intellectual property attorney can pick up an application and with just a few second determine whether it was prepared by an attorney or not. Why? Because, there is a difference in the quality of the application. Note, I said quality, not content. An inventor or small business owner may generate great content, but the quality of the application includes how things are described, the style of the application, and whether there are legal mistakes made.

The choice is yours. As an attorney, I freely admit my answer may be biased, but the biased comes from seeing the pitfall that start-ups and small business face going it alone. Good intellectual property attorneys are there to create value for your business, because they want to grow right along side of your business as they help you along the way. So should you go it alone or seek an intellectual property attorney to help you? It all goes back to what you want your patent/trademark/copyright for.

Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest.

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Fear or Anger

These are the two emotions usually felt when you receive a letter that is addressed to you by a lawyer you’ve never heard of. A “Cease and Desist Letter” can be terrifying, but before you have a heart attack just remember "DO NOT PANIC."

What is a Cease and Desist Letter?

A Cease and Desist letter is usually the first step before filing a lawsuit. People or business often send Cease and Desist letters as a way to put you on notice of a legal issue that needs to be addressed. Cease and Desist letter can be used to get your attention to try and work out the legal issue prior to going through expensive litigation proceedings. Cease and desist letter If it isn't given away by its name, a Cease and Desist letter is written communication that demands the recipient ‘cease and desist’ actions that violate the sender’s legal rights or ownership. It is not a legally binding document and does not mean that you are getting sued, at least not yet. The letters typically are demands sent by a lawyer that threatens legal action if the violation does not stop.

Don’t panic

Do not launch an attack straight away against the person who sent the letter, especially not on social media. While it is natural to want to defend yourself, think before you act. Anything you say or write may be used against you if a lawsuit is filed in the future.

Do your homework

Read the letter and try to figure out what the complaint is actually about. Is the issue a patent issue? A trademark issue? A contract obligations? Collect as much information as you can to support your case. Gather comprehensive and dated evidence and succinctly state the important facts. Save everything and don't try and destroy anything.

Speak to a lawyer

It is almost always best to seek some legal advice for Cease and Desist letters. Often Cease and Desist Letters are used to bully or scare you. Lawyers can help to decipher the legal jargon in the letter and assist you in determining the correct response. Finding a good lawyer can save you time and expenses by addressing the issue early on.

Ignore it

Although not recommended whatsoever, you are not legally obligated to do anything about it.

Comply with it

Depending on what they want you to do, sometimes the easiest way to deal with the letter is to give in. Even if you do not agree with what they are alleging, if the requested remedy does not disrupt you or your business, then compliance may be the best option.

Go on the Offensive

Get with your lawyer and determine what your best option is. You could deny the allegations or begin the settlement process. If court is inevitable, you might want to file a lawsuit before they do to control the situation.

Make sure to consult with your business partners or business advisors before taking any actions. Remember that your interests and the interests of your business comes first.

Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest.

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Every business has their Goliaths

Almost every small business faces a Goliath. Sometimes the company is founded to take on a Goliath, sometimes the Goliath comes later.

- David Kalt

Slinging takes an extraordinary amount of skill and practice. But in experienced hands, the sling is a devastating weapon. Skilled slingers can hit birds in mid-flight or a coin from as far away as they could see it. An experienced slinger could kill or seriously injure a target at a distance of up to two hundred yards. As David ran toward Goliath in one of the most epic Bible battles, he moved with speed and maneuverability, not weighted down by heavy armor. He puts a rock into his sling and whips it around and around, faster and faster at six or seven revolutions per second, aiming his projectile at Goliath’s forehead— the giant’s only point of vulnerability.

In contrast, Goliath had a serious medical condition, acromegaly— a disease caused by a benign tumor of the pituitary gland. The tumor causes an overproduction of human growth hormone that caused Goliath’s extraordinary size. The common side effects of acromegaly include restricted sight and double vision. As David ran toward Goliath, powered by courage and faith, and Goliath nearly blind and weighted down by heavy armor, Goliath was unaware that it was he that was the underdog. (Gladwell, Malcolm. David and Goliath: Underdogs, Misfits, and the Art of Battling Giants).

In business, at first glance, we see our circumstances and environment our causes for being the underdog in our story of life. We are not born into money. We are not as smart as everyone else. So how do you compete against a business that is bigger and stronger than you?

Conquering Goliath

In business, at first glance, we see our circumstances and environment our causes for being the underdog in our story of life. We are not born into money. We are not as smart as everyone else. So how do you compete against a business that is bigger and stronger than you? Here are the 4 best ways to conquer the Goliaths.

Find your Niche

Small businesses need to go hyper-focused down to the barest minimum then expand from there as they grow.

To compete and beat bigger rivals, focus on you basic consumers. Basic consumers can range from college students to a particular demographic.

Recognizing and marketing to your basic consumers provides quick sales and more revenue to grow a following.

Red Bull is a perfect example of finding a niche. Dietrich Mateschitz, co-founder of Red Bull, started with no specific market in mind and sales were slow. Consumers did not know if Red Bull was a sports drink or a soft drink. Mateschitz refocused on a college-student niche and marketed to them relentlessly. He sponsored events, threw campaigns, and held social media challenges. By targeting a niche, Red Bull was able to build a following and explode in growth.

Pick your angle

You’re in business to solve a problem for consumers. Winning customers over is about effective storytelling. Your competitive angle is your story, so start telling it. Tell how you started your business and how you are different. Better product? Better customer service? Smart than everyone else? Let your customers know. Apple used innovation as a competitive angle. IKEA provides superior furniture at affordable rates. They tell their stories, now you tell yours.

Front of the pack products and services

Since the year 2000, the average attention span of customers has dropped to 8 seconds. You have less than 8 seconds to convince a customer about your products.

Your website should grab customers' attention and quickly explain your products or business. Your products should be designed for your customers and should deliver experience which is entirely new and different from your competitors.

Unmatchable customer service

A huge advantage of being a small business your interaction with customers. There are no bottlenecks and bureaucracy. Deliver better experiences and exceed customer expectations.

Respond to emails quickly, send handwritten “thank you” notes, and solve complaints better than anyone else. Amazing customer experiences yield more customers through word of mouth marketing, online reviews, and social media channels.

So go conquer your Goliaths and become the leader in your niche. There is plenty of room to compete and win if you know how.

Miller IP Law is a firm that focuses on small businesses, startups, and entrepreneurs/solopreneurs. We’re easy to use. We offer affordable pricing that’s transparent and flat-rate. We focus on the little guys who actually need our help. If you’d like an attorney on your team, simply schedule a Zoom call, and we’ll take care of the rest.

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