MLMLegal.com and Babener & Associates have had long term professional relationships with many direct selling companies, from startup to stable. We were involved in early stages of a number of leading MLM companies, including some traded on the NYSE.

We aren’t just lawyers. We often know more about the direct selling business than most of our clients. In many ways we have become partners with our clients since we’ve been in the industry for such a long time. We often take on a significant role as both a legal and business advisor for our clients.

Generally speaking, however, most of our clients try to cover all of their bases legally right at the beginning of launching. They often have their agreements in place, as well as their policies and procedures. Companies will secure a trademark early in development, which is very important. As is tax issues, regulatory compliance and relationships with their consultants. Company owners are building a living organism that is constantly changing and growing, which is why so many of the companies that we represent have been with us for five, ten, even twenty years or more. For instance, in 1990 we assisted one of the largest direct selling companies, from Japan, to establish headquarters in the U.S. Today we represent them in nearly 40 countries. We have been their key legal advisor for almost 25 years.

Successful companies have a great product, they are able to recruit and they have adequate funding. There are many factors that contribute to the early success of a company. We are simply one arrow in the quiver of that success.

If you are interested in attending the Starting and Running the Successful MLM Company conference visit our conference page, view our speaker list, or get more details. All executives/owners of direct selling companies are welcome to attend. Call 800-231-2162 to register.

Our next Starting and Running the Successful MLM Company Conference takes place May 20, 2016 in Las Vegas. View our conference flyer and speaker list online. Participate in our Innovation Campaign for your chance to receive TWO FREE TICKETS to attend our next conference.

If you’re reading this blog post and the conference dates above have passed, check our website for the current conference dates.

Sign up for the MLM News Global newsletter for top headlines, news stories, scam alerts, videos, articles, and more information on the network marketing industry.

Visit us at www.mlmlegal.com to learn more.

At the very least, a direct sales company should not enter the marketplace without legal review of its marketing program. Hiccups caused by having to respond to regulatory agencies, consultant complaints, vendor conflicts, etc. can be bad for any MLM business and its reputation.

An experienced and seasoned direct sales attorney can be the single most valuable resource that a MLM company can ever utilize. Look for a professional who has represented leading direct selling companies as well as startup companies.

As industry experts, they commonly know more about multilevel marketing and direct selling than most of their clients. In fact, more than half of our conversations with clients involve discussions about the MLM industry, rather than the mere legal aspects of running a direct sales company. And over time, such an experienced “consigliere” (see the movie The Godfather) may become the most trusted business advisor to a company and a vital member of the business team.

Apart from tremendous insight into the business, an experienced network marketing attorney can answer in five minutes what would take a business attorney five hours to research. And, the business attorney would likely still not completely understand the issue, let alone the solution.

The direct sales industry has – for better or for worse – provoked vast amounts of legislation and regulatory control that network marketing attorneys must navigate.

A brief list of regulations, legislation and legalities that experienced MLM attorneys, such as Jeff Babener of Babener & Associates, must commonly appraise include:

– Pyramid statutes

– MLM statutes

– Business Opportunity Rule

– Securities

– FTC regulations

– Postal regulations

– FDA rules and regulations

– Distributor relationships

– Vendor relationships

– Distributor discipline

– Trademark

– IRS and tax regulations

– International expansion

– Sales tax

– Marketing

– State law and registration

– And, legal review of sales kit contents, which include:

1) Consultant agreements

2) Policies and procedures

3) Product brochures

4) Compensation plan

5) Marketing plan presentations

6) Forms, from receipts to multiple owner applications, etc.

At the very least, a direct sales company should not enter the marketplace without legal review of its marketing program. Hiccups caused by having to respond to regulatory agencies, consultant complaints, vendor conflicts, etc. can be bad for any MLM business and its reputation.

Click here to watch the full video!

For more information, watch the video The Legal Issues of Starting and Running a MLM Company.

For more information about the importance of hiring a network marketing, visit Attorney Jeff Babener’s websites: www.mlmlegal.com and www.mlmattorney.com.

In addition, our next Starting and Running the Successful MLM Company Conference takes place October 22 and 23, 2015 in Las Vegas. View our conference flyer and speaker list online. Participate in our Innovation Campaign for your chance to receive TWO FREE TICKETS to attend our next conference.

Visit us at www.mlmlegal.com to learn more.

There are many factors that contribute to the early success of a company.

MLMLegal.com and Babener & Associates have been with many network marketing companies from the very beginning, from startup to stable. We were involved in early stages of a number of leading MLM companies, including some traded on the New York Stock Exchange (NYSE).

We aren’t just lawyers. We often know more about the direct selling business than most of our MLM clients. In many ways we have become partners with our clients since we’ve been in the industry for such a long time. We often take on a significant role as both a legal and business advisor for our clients.

Generally speaking, however, most of our clients try to cover all of their bases legally right at the beginning of launching. They often have their agreements in place, as well as their policies and procedures. Companies will secure a trademark early in development, which is very important. As is tax issues, regulatory compliance and relationships with their consultants. Multilevel marketing company owners are building a living organism that is constantly changing and growing, which is why so many of the companies that we represent have been with us for five, ten, even twenty years or more. For instance, in 1990 we assisted one of the largest direct selling companies, from Japan, to establish headquarters in the U.S. Today we represent them in nearly 40 countries. We have been their key legal advisor for almost 25 years.

Successful direct selling companies have a great product, they are able to recruit and they have adequate funding. There are many factors that contribute to the early success of a network marketing company. We are simply one arrow in the quiver of that success.

Watch the video MLM Startup Tips, Educational Resources, Answers to Network Marketing Questions attorney Jeffrey Babener offers quick MLM startup tips, answers, and resources, as well as access to additional educational resources for startup network marketing companies.

For more information on the network marketing industry visit www.mlmlegal.com and www.mlmattorney.com.

Find us on our social networks:

Google+

LinkedIn

Twitter

Facebook

Our next Starting and Running the Successful MLM Company Conference takes place May 15th & 16th, 2014 in Las Vegas. Call 503-226-6600 or 800-231-2162 to register. If you’d like to see how you can get free tickets to the next MLM Startup Conference, visit our Innovation Campaign page.

Visit us at www.mlmlegal.com to learn more.

View the video on our website: mlmattorney.com or mlmlegal.com; or view it on Youtube.

In this hour-long video, Jeff Babener addresses network marketing industry topics such as:

– Distributor raiding

– Pyramid scheme

– Personal Use

– Legal

– Social media

– Recruiting and communication

– Noncompete agreements

– Distributorships with multiple companies

– Company and consultant responsibility

– Startup

– Trademark

– Regulatory

– Compliance

– Funding startups

– Training and education

– Federal Trade Commission

– Keys to startup success

– Passion for company vision and products

– Determination

– Success strategies

– Regulatory environment

– Legal services

To watch the video visit: https://www.youtube.com/watch?v=rzX1sXgTg_Q&feature=youtu.be or visit our blogs to read more: www.mlmlegal.com and www.mlmattorney.com.

The conference will be held May 15th & 16th 2014, which is quickly approaching!

MLMLegal.com Launches the  Innovation Campaign  for the May 15 & 16, 2014 MLM Startup Conference!

Fill out the short survey here to receive two free tickets (worth $345.00!) to the next MLM Startup Conference in Las Vegas!**

For over 26 years MLMLegal.com and Babener & Associates has hosted the most prestigious MLM conference for executives of startup and existing direct selling companies. In celebration of our 67th conference, we are offering two complimentary tickets* — worth $345.00! — to attend the esteemed event in Las Vegas, Nevada.

In our ongoing effort to offer the absolute best network marketing conference available, we invite you to participate in our May 2014 Innovation Campaign. To receive your two free tickets, fill out our Innovation Campaign form by following the link below.

We invite the input, ideas and innovation from the very MLM company owners who are in the startup and launch phases of their companies. We strive to offer the best conference in the United States. MLMLegal.com always covers current issues and events at all of our conferences, but this time it is different! We want your input in the Innovation Campaign!

Are you an owner or executive of a startup of existing direct selling company? Do you want to attend the 67th Starting and Running the Successful MLM Company Conference for FREE?! Fill out our short survey below! Share with us your experience as a network marketing entrepreneur!

Fill out our  Innovation Campaign  form to receive your two free tickets today! Also visit this page for additional information on the May 15 & 16, 2014 MLM Startup Conference

Each attendee will receive a FREE copy of the Starting and Running the Successful MLM Company Manual.

How do you find out more information?

Visit our website:

www.mlmlegal.com

Visit our blogs:

http://mlmlegal.com/MLMBlog/

http://mlmattorney.com/blog/

Watch the Conference videos:

MLMlegal Releases New Film on MLM Startup Conference – Produced by Networkingstar.com

The MLM Startup Conference in Las Vegas

MLM Startup Conference – A Must for Executives of Startup and Existing MLM Companies

Contact Us: REGISTER TODAY! 503-226-6600 or 800-231-2162

The next MLM conference will be held May 2014 in Las Vegas (keep a look out for the October and February conferences as well). Each day will begin at 9:00AM and end at 4:00PM, when the one-on-time will begin and end around 7:00PM. For more information visit: http://www.mlmlegal.com/srs2.html or call 800-231-2162/503-226-6600. Registrations are taken by phone and questions are always welcome.

Presented by one of the most trusted individuals in direct selling and MLM, Jeffrey Babener, Editor of www.mlmlegal.com.

About Attorney Jeffrey Babener: Conference Host and Chairman, Editor of www.mlmlegal.com, as well as the leading direct selling attorney in the United States — With over 25 years of experience as a direct selling attorney, Jeffrey Babener has advised leading companies in the MLM/Direct Selling industry, ranging from Avon to Nikken, to Herbalife, to Melaleuca, to USANA, and to Excel Communications, plus many more. He’s been published in national magazines such as Money, Inc., Atlantic Monthly, Entrepreneur magazine, Direct Selling News, Direct Sales Journal, Success magazine, Money Maker’s Monthly, among countless others. He’s authored several books, including his most popular Network Marketing: What you should know. Mr. Babener has chaired more than 64 national conferences on direct selling.

View the Press Release HERE.

Visit us at www.mlmlegal.com to learn more.

View the video on our website: mlmattorney.com or mlmlegal.com; or view it on Youtube.

In this hour-long video, Jeff Babener addresses network marketing industry topics such as:

–          Distributor raiding

–          Pyramid scheme

–          Personal Use

–          Legal

–          Social media

–          Recruiting and communication

–          Noncompete agreements

–          Distributorships with multiple companies

–          Company and consultant responsibility

–          Startup

–          Trademark

–          Regulatory

–          Compliance

–          Funding startups

–          Training and education

–          Federal Trade Commission

–          Keys to startup success

–          Passion for company vision and products

–          Determination

–          Success strategies

–          Regulatory environment

–          Legal services

To download the entire audio file visit http://dswa-org.s3.amazonaws.com/audio/2014-03-19_InterviewWithNickiAndJeffreyBabener.mp3, or visit our blogs to read more: www.mlmlegal.com and www.mlmattorney.com.

For more information on the network marketing industry visit www.mlmlegal.com and www.mlmattorney.com.

Find us on our social networks:

Google+

LinkedIn

Twitter

Facebook

Our next Starting and Running the Successful MLM Company Conference takes place May 15th & 16th, 2014 in Las Vegas. Call 503-226-6600 or 800-231-2162 to register. If you’d like to see how you can get free tickets to the next MLM Startup Conference, visit our Innovation Campaign page.

Visit us at www.mlmlegal.com to learn more.

Consultants are given replicated websites by established companies.

Many companies require their consultants to use replicated websites because they are rightfully concerned about unauthorized medical and earnings claims as well as confusion in the search engines. Therefore, many leading companies provide authorized replicated websites to distributors and prohibit individual-created websites.

There are three primary reasons for this, which include:
1. To avoid unauthorized medical and earnings claims
2. To assert control over the company’s trademark
3. And, to avoid distributor websites competing against the primary company website in a way that the company website gets lost or is displaced from the top of search results for the company or its products.

For more information on the network marketing industry visit www.mlmlegal.com and www.mlmattorney.com.

Find us on our social networks:

Google+

LinkedIn

Twitter

Facebook

Our next Starting and Running the Successful MLM Company Conference takes place May 15th & 16th, 2014 in Las Vegas. Call 503-226-6600 or 800-231-2162 to register. If you’d like to see how you can get free tickets to the next MLM Startup Conference, visit our Innovation Campaign page.

Visit us at www.mlmlegal.com to learn more.

Most companies would prohibit sales in flea markets, swap meets, trade shows or garage sales

Most companies would prohibit sales in flea markets, swap meets, kiosks, trade shows, garage sales, or other event locations. It is generally viewed that such locations dilute the value of the company’s products and opportunity. Companies typically prohibit sales in retail stores, but the purpose for this rule is to avoid the appearance of the company being in competition with the direct selling channel of its distributors, a model that is really based on person-to-person marketing. On the other hand, it is quite usual for companies to authorize sales at community fairs. In this case, a distributor is expected to obtain written approval and to operate a booth within company guidelines for use of advertising and its trademark. In addition, companies typically prohibit commingling company products with non-company products or the offering of other business opportunities.

Visit www.mlmlegal.com and www.mlmattorney.com for more information on the network marketing industry.

Find us on our social networks:

Google+

LinkedIn

Twitter

Myspace

Facebook

Our next Starting and Running the Successful MLM Company Conference takes place February 27th & 28th, 2014 in Las Vegas. Call 503-226-6600 or 800-231-2162 to register.

Visit us at www.mlmlegal.com to learn more.

Hi, I’m Jeff Babener of MLMLegal.com, and I’d like to talk to you today about your trademark. Imagine living your life without a name. To some extent, you define yourself and your existence by your name. Your trademark, in a sense, is your branding for life.

When others think of you they think of your name and vice versa. Your choice of name for your MLM company is equally important. Not only will you brand your business and product but what may be worthless today will be your most valuable asset in years to come. Just ask Coca-Cola, Marlboro, Microsoft, Avon, or Mary Kay.

And so, your company name deserves special emphasis in the beginning. A trademark search by your MLM lawyer is a must. You don’t want to be told three years down the road that you must give up your name because you did not bother to conduct a trademark search. It would be a devastating blow to your business. Also, it is essential that the name that you choose will suit expanding product or service offerings down the road.

So, what’s in a name? Everything.

Wishing you the best in your direct-selling business, I’m Jeff Babener.

For more information visit our websites: www.mlmlegal.com and www.mlmattorney.com.

Or, visit these links for more information:

MLM Consulting: How to Build a Successful Direct Selling Company

MLM Corporate Startup Essentials: MLM Trademark

It’s Our Name – Live With It

The Educated Networker: Trademarks and Network Marketing

Comparative Advertising

Why do companies restrict the type of advertising carried on by their distributors?

Make sure to visit our blogs for the latest information on the direct selling industry: MLMLegal Blog Home and MLM Attorney Blog Home. HINT: Chose a category to narrow your search for discussion topics!

Find us on our social networks:

Google Plus: http://plus.google.com/u/0/115279960045099999909#115279960045099999909/posts

LinkedIn: http://www.linkedin.com/in/mlmlegal

Twitter: http://www.twitter.com/BabenerLawFirm

Myspace: http://www.myspace.com/mlmlegal

Facebook: http://www.facebook.com/profile.php?id=696968133

And, as always, visit MLMLegal.com, the best MLM resource on the web. The next Starting and Running the Successful MLM Company Conference is quickly approaching! On February 21^st and 22^nd, 2013 we are hosting the MLM Conference for the 25^th year! This is now our 63nd annual conference (held almost consistently three times per year over the last 24 years). All executives/owners of MLM, direct selling, network marking, and party plan companies are welcome to attend. This is the original MLM Startup Conference, hosted and perfected by direct selling industry expert, MLM Attorney Jeff Babener. Call 503-226-6600 or 800-231-2162 to register. (Can’t make this event? Keep an eye out for our May and October conferences as well.)

Visit us at www.mlmlegal.com to learn more.

LAS VEGAS, Jan. 16, 2013 (GLOBE NEWSWIRE) — The conference will be held February 21 & 22, 2013, which is quickly approaching!

For more than 25 years, leading industry experts have educated the executives of starting and existing MLM, direct selling, network marketing, and party plan companies on how to structure their compensation plans, legalize their companies, recruit key employees and top-ranking distributors, develop business models, generate leads, fund their business, establish their website and technology platforms, better understand the direct selling industry, and so much more.

The next MLM Startup Conference takes place February 21 & 22, 2013 in Las Vegas. View the conference flyer page at http://www.mlmlegal.com/srs2.html to learn more.

This is the original MLM Startup Conference – responsible for launching many industry-leading companies – perfected over the course of a quarter of a century to ensure the highest quality of information, the most knowledgeable experts, and the most practical advice from qualified experts.

Over the course of two days, attendees will hear from scores of industry experts, and if they choose to, can sign up to meet with the speakers for individual one-on-one time. A full list of speakers and their biographies/credentials can be found at http://www.mlmlegal.com/bio.html.

The educational information gained by attending this event is invaluable. Here are just a few of the testimonials from past attendees:

We have a traditional business at the moment and we are looking to take it into the realm where it’s more personalized, it’s more about building people and an experience. It has been absolutely worth our trip. We are looking to take our business to the next level and build relationships.

The reason I came to the show was to learn more about how to launch my direct sales company. I’m very comfortable and accustomed to selling through more traditional networks; however, I believe that the product that I’m launching is more suitable for direct sales; to get direct-to-consumer faster and in greater sales.

[I’ve] been in network marking for 30 years [but] we are learning a lot of things about how to launch, how to reach the people we need to have, and again, the things that are required to make a successful company, not only for us but especially for our customers and for our affiliates.

Each attendee will receive a FREE copy of the Starting and Running the Successful MLM Company Manual.

How do you find out more information?

Visit our website:

www.mlmlegal.com

Visit our blog:

http://mlmattorney.com/blog/2012/12/04/february-2013-mlm-startup-conference-in-las-vegas/ or http://mlmlegal.com/MLMBlog.

Watch the Conference videos:

MLMlegal Releases New Film on MLM Startup Conference – Produced by Networkingstar.com

The MLM Startup Conference in Las Vegas

MLM Startup Conference – A Must for Executives of Startup and Existing MLM Companies

Contact Us: REGISTER TODAY! 503-226-6600 or 800-231-2162

The next MLM conference will be held February 21 & 22, 2013 in Las Vegas (keep a look out for the May and October conferences as well). Each day will begin at 9:00AM and end at 4:00PM, when the one-on-time will begin and end around 7:00PM. For more information visit: http://www.mlmlegal.com/srs2.html or call 800-231-2162/503-226-6600. Registrations are taken by phone and questions are always welcome.

Presented by one of the most trusted individuals in direct selling and MLM, Jeffrey Babener, Editor of www.mlmlegal.com.

About Attorney Jeffrey Babener: Conference Host and Chairman, Editor of www.mlmlegal.com, as well as the leading direct selling attorney in the United States – With over 25 years of experience as a direct selling attorney, Jeffrey Babener has advised leading companies in the MLM/Direct Selling industry, ranging from Avon to Nikken, from Melaleuca to USANA and Excel Communications, plus many more. He’s been published in national magazines such as Money, Inc., Atlantic Monthly, Entrepreneur magazine, Direct Selling News, Direct Sales Journal, Success magazine, Money Maker’s Monthly, among countless others. He’s authored several books, including his most popular Network Marketing: What you should know. Mr. Babener has chaired more than 60 national conferences on direct selling.

Contact: Babener & Associates/MLMLegal.com
Telephone: 503-226-6600/800-231-2162
http://www.mlmlegal.com

This information was brought to you by Cision http://www.cisionwire.com
http://www.cisionwire.com/jeffrey-babener/r/mlmlegal-com-and-babener—associates-announces-its-63rd-national-starting-and-running-the-successfu,c9358094

Visit us at www.mlmlegal.com to learn more.

At first, a trademark may be the least valuable of assets. Famous marks such as Coca-Cola, Microsoft or IBM were nearly valueless at one time. However, for a mature company, the brand name may be its single most valuable asset. Valued names such as GE, Disney or Intel add billions of dollars to the balance sheet.

Similarly, there was a time when the names Avon, Mary Kay or Tupperware had little or no value. And yet, decades later, the goodwill associated with those direct selling brands would allow their products, if the companies so chose, to be sold in any retail venue in the world. As they say, “mighty oaks from small acorns…”

Protection of trademarks is as vital to direct selling companies and distributors as trademark protection in the retail field. Customer or distributor recognition of unique names or logos may well be responsible for generating billions of dollars in additional sales.

For this reason, all leading direct selling companies have devoted substantial budgets to protecting their trademarks and “good names” in the United States and throughout the world. In addition, distributors will note that direct selling and network marketing companies go to great lengths in distributor agreements and policies to outline permissible and licensed distributor use of company trademarks.

It is a good idea for direct selling companies and distributors to have a basic understanding of how our trademark system works in the United States.

How it all Works

The use of trademarks originated in medieval England when craft guilds required their members to place their individual mark on products so that the craftmaker could be traced in the event the product was defective. In time, shoddy craft-makers realized the benefit of associating their product with a mark of a quality craftsperson. From that point forward, the English Common Law system attempted to develop a body of law which would protect a trademark associated with a merchant’s goods. Today, in the United States, a merchant’s trademark is protected both by common law as well as federal and state trademark registration statutes.

A trademark may be a word, phrase, logo, etc., which is strictly associated with a product or service. It may be defined as a word, name, symbol, device, or combination, used by a manufacturer or merchant to identify his or her goods and distinguish them from those sold by others.

To receive trademark protection, the mark must be distinctive and distinguishable from others. The most distinctive of marks are those which are purely arbitrary or fanciful. Such marks would include those which have no meaning or connotation other than that of identifying the source of a particular product. For instance, in the field of cameras, the mark “Kodak” is purely arbitrary and distinctive. As a general matter, the name of a company will not receive protection. Generic and descriptive trademarks are generally not considered distinctive and protectible. For instance, a company could not receive trademark protection for the trademark “BEER.”

Trademark protection is not achieved by adopting a trademark, but by its “use” in association with the product. Thus, the first user of the mark will probably receive primary protection. A mark, however, which is improperly used or adopted into the general language of the product, may be lost as far as protection. For instance, such famous marks as aspirin, thermos and escalator have been lost because the public now views these names as descriptions of generic products, and the U.S. Supreme Court ruled that the mark “Monopoly” was lost because it had become the generic description of board games in general.

Once a trademark has been used and adopted, it receives common law trademark protection against subsequent use by another which is confusingly similar to that of the trademark owner. Federal legislation which protects trademarks is known as the Lanham Act. Under federal legislation, a company registers its trademark with the Patent and Trademark Office with a written application, a drawing of the trademark, five specimens or facsimiles of the trademark as it is actually affixed on or in connection with the goods and filing fee. (Actually, a company may file an “intent to use” a mark, even before actual use, and the protection will relate back to the date of filing of the intent to use.) Assuming there is no objection, the company is issued a certificate of registration and it may use the symbol “®” in conjunction with the trademark. This registration is prima facie evidence of the registrant’s right to the exclusive use of the trademark. A registered mark that has been in continuous use for a period of five consecutive years generally becomes incontestable. After the fifth year, the trademark owner must apply for continued use of the mark. The registration period is for 20 years and the mark can be continuously renewed.

It’s for Real

Trademarks may not seem that relevant to the average Networker, but if given some thought, it is the lifeblood of their business.

For more information on trademarks read the articles “It’s Our Name – Live With It” and “Chasing The Competition.” Or, watch the video: How Important is Your Company Name? Learn about Trademarking Your Company Name.

Visit us at www.mlmlegal.com to learn more.