Palmer Powered Solutions

Before you sign your next influencer agreement, make sure you understand what you’re actually agreeing to.

Here’s what you need to clarify and negotiate:
• Scope vs. Usage Rights – What are you hired to create vs. how they’re allowed to use it? One post does not automatically equal unlimited ads forever.
• IP Ownership vs. Licensing – Do you still own your content, or are you transferring rights? If they want broader usage, that’s a pricing conversation.
• Exclusivity & Non-Competes – How long? In what industry? In what territory? Vague exclusivity can cost you real money.
• Payment Terms – Net 30? Net 90? What milestones trigger payment? Don’t assume. Clarify.
• Termination & Morality Clauses – Who can walk away, when, and under what circumstances?

Brand deals are business deals.
If the contract doesn’t protect your brand, your content, and your cash flow — it needs negotiation.

✨This is legal education and not a advice for you to rely on ✨

Before you fall in love with a name, you need to understand where it falls on the trademark strength spectrum.
Not all brand names are created equal.

Trademark law generally recognizes different strength categories, and where your name falls can affect:
• how easily it can be protected
• how enforceable it is against others
• how much value it can build over time

A name being “available” does not automatically mean it’s strong — or protectable.

At a high level, here’s what those categories can look like:
• Generic: “Dentist,” “Chiropractor Office”
• Descriptive: “Quick Print,” “Cold & Creamy Ice Cream”
• Suggestive: “Netflix,” “Coppertone”
• Arbitrary: “Apple” (for computers), “Target” (for retail)
• Fanciful: “Kodak,” “Xerox”

👉🏿 Important note on descriptive names:
Descriptive names can sometimes receive trademark protection, but they often start on the Supplemental Register. After at least five years of use, the owner may need to reapply and show that the name has acquired distinctiveness and now functions as a trademark.
Part of brand protection isn’t just choosing a name — it’s choosing one that can hold up long-term.
And keeping a strong mark strong is its own strategy… but that’s a conversation for another day.
If you’re thinking about launching something new this year, this is a place to pause before you commit.

***This is legal education only.