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I believe bicycling and bike commuting is very safe if you stay aware of your surroundings. I love to get around town by bike and love when my friends take the plunge to start bike commuting.

The good news for parents, if you are worried about your kid out there on a bike, most bike injuries and fatalities happen to people 20 years and older. The bad news if you are a man in your mid-40s…you better strap on all the body armor you can because you’re most at risk.

Here are some tips based on accident statistics (science!) and my experience:

1. Wear a helmet. I’ll admit it feels great to have the breeze flowing through your hair as you cruise down the road, but wearing a helmet will cut your chance of a head injury down by 50%. 83% of bicyclists killed on the road were not wearing helmets. My Mom offered to buy my helmet for me if I wore it and I do. Thanks, Mom! Oh and don’t buy a used helmet. They are only good for one bang (which includes you dropping it from 3 ft or higher).
2. Keep your bike tuned up. You should keep your bike in good working order. Let me tell you how much it sucks if your brakes fall off, handlebars fall off, or wheel falls off. In summary, bikes work better when they stay in one piece.
3. Don’t ride on the sidewalk. Drivers don’t look/see people riding on the sidewalks. Drivers don’t stop to look for traffic until they get to the street. It is far more hazardous to ride on a sidewalk then in the street. Young children, however, should stick to the sidewalks and be taught to look for cars coming out of driveways. A National Safety Something Agency recommends kids 10 and under stick to the sidewalk.
4. Ride with traffic. Many people mistakenly believe it is safer to ride against traffic (so you can see the cars about to hit you?). It is safer to ride with the flow of traffic. Drivers don’t expect other drivers or cyclists coming the wrong way down a street. Most cyclists who are killed were riding against traffic on the sidewalk.
5. Avoid riding between 4-8PM. Drivers are angry/tired and want to get home as quick as possible from work. Apparently they are willing to hit cyclists in order to get home faster. Also, it gets dark at this time. Wear lots of lights and reflective clothing so other people can see you.
6. Don’t drink and ride. Genius idea to avoid a DUI? Or just a way in increase your odds of injury or death? While in many states you can’t get a DUI on a bike, somewhere around 20% of cyclists injured or killed on a bike had a B.A.C. over 0.08.
7. Assume everybody will kill you. This has to do with staying aware of your surroundings. When I ride I always operate as if every car and person around me will not see me. I guess I’m saying to pretend you are invisible, because often you are. Cars will swerve in front of you (especially cab drivers, truck drivers, people texting/eating while driving-FACT: a young lady eating a melty slice of pizza almost hit me 3 times while swerving between lanes), people parking on the street will open their doors as you ride by (leave 3 ft between you and parked cars), pedestrians will suddenly stroll into the street in front of you, and people with dogs on a retractable leash will lose control of their dog and let it run under your wheel.

There you have it. Although 54% of statistics are inaccurate, I think there are some great lessons to take from them. Stay safe out there!

 

If you find another business is infringing on your trademark, you have a few options.

One of most common options is to send a cease & desist letter. This is a letter in which you tell the bad guy to stop doing what they’re doing or you’re going to do whatever it takes to stop them. The tone of these letters can range from neutral to aggressive depending often on how our clients feel and how flagrant or obvious the infringement is. A cease & desist letter can be very effective without having to resort to the “or else” threatened in the letter. Nobody likes to receive a cease & desist.
Striking a licensing deal is another option. Instead of fighting each other, businesses might find a way to work together so all parties can benefit.
A third option is to file a lawsuit in federal court. You may base your lawsuit on your federal trademark registration with the USPTO. If you have not registered your trademark, you may still have a basis for your lawsuit from what are known as common law rights. These basically arise from your trademark use in the marketplace. Filing a lawsuit is the most expensive option, but if your intellectual property is very valuable, it can be worth the investment. Also, if you have federally registered your trademark, you have the ability to recover attorney fees from the infringing party.

INSURANCE BASICS

Insurance is a contract. It covers certain circumstances during a policy period.

Some key terms:

• Declaration Page (summary of coverage)
• Policy Jacket (all the meat)
  • Insuring agreement (what’s covered)
  • Exclusion (takes away coverage)
  • Conditions (when you get coverage)
• Endorsements (adds coverage)
• 1st Party Coverage: covers you, pays you directly
• 3nd Party Coverage: person makes a claim against you

Get the right coverage! Policies to Have or Consider:

• General Liability
  • Covers against bodily injury and property damage due to building conditions or caused by your business operations.
• Errors & Omission
  • Safeguards your business from claimed damages due to acts, errors, or omissions committed while performing your business duties.
• Directors & Officers
  • Protects your business against lawsuits related to management decisions from your directors and officers.
• Workers Compensation
  • Covers expenses and lost wages of your employees injured on the job
• Commercial Automobile
  • Personal automobile policy usually excludes business activity.
• Umbrella Policy
  • Allows additional coverage above a general liability policy, such as:
    • Personal injury liability
    • Contractual liability
    • Vehicle liability
    • Liquor law liability
• Key Man Policies – Do you have a major rainmaker?
  • Like a life insurance policy…the policy can protect your business from the loss of an important business member.
• Disability
  • Covers you or employees against lost wages in case of temporary, or permanent, inability to work due to a medical disability.

 

Coaching Industry: Endorsements to discuss with your broker or attorney:

1. Event cancel or no-show
2. Weather Cancellation
3. Contract Liability
4. Liquor Liability
5. Waiver of Subrogation

Coverage Issues:

1. You lie – material misrepresentation
2. Notice provision (let your insurance company know about your claimed losses/damages)
3. Cooperation
4. Advertising Liability endorsement

Find the best broker you can (different from an agent). An agent is an agent of company, a broker shops around for the best deal.

As you many know, Shreya and I have been spending a lot of time in Texas, working on some big work projects. You may also know as a Lawyer-Human, we don’t live in a mahogany office 18 hours a day in one of many gray suits. We like to get outdoors; we like to go surfing (even if it means being covered head-to-toe in neoprene wetsuits). 

A buddy of mine told me to check out this great surf shop in Galveston, TX. The shop’s owner makes Senator surfboards. Senator boards are what this buddy of mine loaned me when I was first learning to surf in Washington, so they will always be a brand that I remember. When I looked up the shop’s website for information, I also found a story about the history of Senator boards, which were NOT always labeled with that name. 

According to the website, in 1991, the shop owner started making boards labeled “Hurricane.” At the time this was in the guy’s garage…the way a lot of board companies get started. Business started growing. They got a bigger shop, then they got a second shop. Seems like things were going along just fine, BUT THEN…

In 2007, a South African company was granted a US trademark registration for Hurricane surfboards. According to their trademark application, they first starting making Hurricane boards in 2001…a full 10 years after the guy here in Texas. Now this other company claimed ownership to the name, and I imagine, told the shop in Texas to find a new name for its boards.

Now I don’t know what this guy’s reaction was when he found out he’d have to come up with a new name for the surfboards he had been making for over 15 years. I like to think he’s a zen-master, laid-back surfer who simply said “right on” in his best Matthew McConaughey voice.

Maybe he (like a lot of other business owners) kicked himself in the ass for not spending a few hundred bucks to stop someone else from hijacking or profiting off the brand he had invested time, money and energy into developing. And maybe no one was righteous enough to tell him that he could do something about it, brah! 

So how would you feel if somebody else started using YOUR brand or business name?

If you were this business owner would you have:
A) registered your trademark early before somebody copied it?
B) fight to oppose or cancel the other company’s trademark?
C) crack open a beer and start brainstorming new business names?

As you see when it comes to protecting your brand or business, there are options ranging from proactive (don’t smoke in bed) to reactive (smoke in bed with a fire extinguisher). If you want to know more or have questions about what’s best for your business, shoot us an email or give us a call at (206) 219-9559 to schedule a time to talk.