Maine Secretary of State Warns Businesses of a Deceptive Mailing Scam

The Maine Secretary of State, Matthew Dunlop, is warning local businesses and nonprofit organizations of a deceptive mailing scam sent from Corporate Records Services, located in Augusta, ME.

Corporate Records Services has sent mailings to local businesses and offers to complete corporate meeting minutes for a $125 fee. Many businesses are being misled because the documents look official.

BBB encourages business owners to do some research on any solicitations they receive that ask for payment, even if the document looks official.  Do not provide business information or a payment until you have completely checked out the offer and organization.

Corporate “Filing Requirement Reminders” are available on the Maine Secretary of State Office website at: http://www.maine.gov/sos/cec/corp/helpful.html.

Similarly, other states including Massachusetts, Georgia, Ohio and Indiana have issued warnings against another deceptive mailing scam from Compliance Services.

Choosing a Domain Name Service

Domain names are used in URL's to identify Web pages. For example, in this URL  http://www.bbb.org/boston/Accredited-Business-Guide/, the domain name is bbb.org.  

It's important to choose a domain name that will be easy to find and navigate. These factors depend upon the registrar where the domain name is purchased. The domain name is reflected in its registrar; when the registrar provides direct and fast service, so will the purchased domain name.

Tips for Finding a Domain Name Service: 

Look at Different Registrars.  Searching domain name registrations online will provide many links to buy a domain name. Make a list of a few of the registrars and investigate them at bbb.org.

Check for ICANN Accreditation.  ICANN, the Internet Corporation for Assigned Names and Numbers, gives accreditation to registrars after their applications are accepted and they sign an agreement. These registrars pay an annual fee. ICANN accreditation assures consumers that when they purchase a domain name from the accredited registrar, the domain name will officially be part of the Internet. Only purchase domain names through registrars that are ICANN accredited.

Carefully Review the Contract.  Each registrar policy is different. When registering, make sure you will be the owner of the domain name. The domain should list you as the administrative and technical contact. This allows customers to have full control over the domain name.

Check Out the Prices.  Compare costs of buying a domain name at different registrars and look at the time period the domain name is owned. Look for a registrar that is known for good customer service and is easy navigate; not just one that has the cheapest price. On occasion, a .org or .net name could be less expensive than buying the .com version. Be careful when purchasing the domain name for longer than one year. If the registrar does not provide good service or goes out of business, you do not want to be restricted or left with an unhosted domain name.  

Pay Online.  Paying with a credit card or through PayPal is the best method. Customers cannot use the domain name until payment has been received and cleared. Paying online allows customers faster access to the domain name that has been purchased.

Guest Blog: What are the Differences Between Trademarks, Copyrights and Patents?

This article provides a simple, easy to understand, summary of the differences between Trademarks, Copyrights and Patents.

1. Trademark rights protect the WORD, NAME, SYMBOL or DEVICE.

In order to qualify for Trademark protection, the word, name, symbol or device must be used in trade with goods, to indicate the source of the goods and to distinguish them from the goods of others.

However, applications for Trademark Registration may be filed, prior to such use.

Trademark rights may be used to prevent others from using a confusingly similar mark, but NOT to prevent others from making the same or similar goods or from offering or selling the same or similar goods or services under a clearly different mark (generally, where a reasonable person would not confuse the two marks as being derived from the same source).

Trademarks which are used in interstate or foreign commerce may be registered with the United States Patent and Trademark Office.

The terms "trademark" and "mark" and “Service Mark” are commonly used to refer to both trademarks and service marks.

2. Copyright protects the EXPRESSION.

Copyright is a type of protection provided to the authors/creators of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. Generally, the 1976 Copyright Act provides the owner of copyrights with rights.

The copyright protects the form of expression, NOT the subject matter of the work. For example, a description of a robot could be copyrighted, but this only prevents others from copying the description; it would NOT prevent others from writing their own description or from making and using the robot.

Copyrights are registered at the Copyright Office of the Library of Congress.

3. Patent rights protect the INVENTION.

Patent registration provides the right to exclude others from making, using, offering for sale, or selling the invention in the United States or “importing” the invention into the United States.

What is granted is NOT the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.

A Patent Registration for an invention, is the grant of a property right to the inventor, issued by the Patent and Trademark Office for a term of 20 years from the date on which the application for the patent was filed with the U.S Patent and Trademark Office.*  Note, patents granted by the USPTO are effective only within the United States, US territories, and US possessions.

* In special cases, the start of the 20 year period commences on the date an earlier related application was filed (subject to the payment of applicable maintenance fees). 

Click here for a FREE EASY TO UNDERSTAND CHART, showing a side-by-side comparison of the differences between Trademarks, Copyrights and Patents.

* This article is published with permission granted by Grenier Law Offices, PC.  To view the entire article, go to http://www.contactmylawyer.com/Business-Law-Blog/bid/94893/Ask-a-Business-Lawyer-Part-15-Trademarks-Copyrights-and-Patents.   This article is provided for information purposes only and is not legal advice.  Also, it does not contain an exclusive list of issues. Do not rely solely on this checklist. Consult a qualified attorney with regard to the specifics of your situation.

Michelle L. Grenier, Esq. is a business lawyer and founder of Grenier Law Offices, PC, a Better Business Bureau Accredited Business since 2002.

Providing Excellent Customer Service

With an increasing number of large, national chain stores popping up everywhere, small businesses sometimes find it difficult to compete. Mastering the fine art of providing excellent customer service is the best way to attract customers to your business and your products.

Oftentimes, customers are willing to pay a little more if they are getting that little something extra along with the product or service they are purchasing. There are two basic rules to follow: 

1. Treat your customers as you would want to be treated.
2. Treat every customer who walks through the door as an individual. 

Also stress the importance of simple tasks like being courteous, greeting customers with a smile, and respecting a customer's decision. Develop training programs that will make your employees knowledgeable on all aspects of your services and products. Nothing impresses customers more than realizing a store's employees are knowledgeable their product or service.

Some customers want to have a "relationship" with a salesperson, or just want to know where a product is located. Others want a little courtesy and even a little pampering. Teach your employees how to read a customer's needs, and treat him or her accordingly.

When dissatisfied customers present problems, make certain you know how to handle the issue. Acknowledge your customer's complaint, apologize and respond quickly. Don't forget that if you resolve the problem reasonably and fairly, the customer is likely to tell others about the wonderful customer service at your company.

Beware of Business Directory Scams

The smooth-talking voice on the other end of the line claims to need some information to “confirm” your existing phone book listing. Fast forward a few weeks and your mailbox is jammed with “invoices” threatening legal action if you don’t pay up. Chances are you’ve been hit by a business directory scam.

How the Scam Works:

The Call. First, con artists make cold calls to offices. They ask the person answering the phone to “confirm” the address, telephone number, and other information, claiming it’s for a listing the company has in the yellow pages or a similar business directory. The scam works because fraudsters convince the person who picks up the phone that they’re just “verifying” an arrangement the company already has with the directory.

The Bill. The con artist then sends urgent “invoices” for $500 or more — sometimes including a copy of the “directory.” They’re usually worthless and are never distributed or promoted as promised. Often, they’re just websites with listings of various businesses. 

In many cases, the person paying the bills will simply cut a check, not realizing that the company never agreed to pay the hefty fee for the directory. But if businesses resist, the scammers turn up the heat, threatening collection or legal action to get payment. They may use the name of the person who answered the phone or play a “verification tape” as “proof” that the company owes them money.

At this stage, many companies pay up just to stop the hounding. What they don’t know is that they’ll likely get more bogus invoices — either from the same scam artist or from others who have bought their contact information for a new scheme.

How can I protect my business?

• Train your staff to spot this scam. In addition to your regular receptionist, talk to everyone who may pick up the phone.
• Inspect your invoices. Make sure you are paying only legitimate expenses. Don’t pay for products or services you’re not sure you ordered.
• Verify to clarify. Many business directory scam artists are headquartered in Canada, but use post office boxes or mail drops to make it look like they are in the United States. Before paying, check them out for free at bbb.org, and read the BBB’s report on them.
• File a complaint. If a scammer is sending you bogus bills, speak up. Visit bbb.org to complain to the BBB. And let the FTC know by filing a complaint at ftc.gov or calling 877-FTC-HELP (1-877-382-4357).

Guest Blog: Selecting a Grant Writer

How do you choose the right grant writer, one that will help you achieve your fundraising goals? Easy, pick one who ‘gets it’. 

Most non-profits who are hiring a grant writer are doing so because they cannot afford a full time Director of Development or their development office needs augmentation from time to time. In all cases, organizations need value. And the way to achieve value is to hire someone who not only possesses excellent writing and analytical skills, but someone who can quickly get up to speed – understand what your organization is about and what you are working to achieve. In most cases, clients need someone with programmatic and management experience so they can put the organization’s narrative in the proper context. 

This is the process I suggest organizations go through when choosing any grant writer, and a criteria for selecting the right grant writer: 

PROCESS

1. Get your ducks lined up. You need to have a clear understanding of what your organization is about and what you want to achieve before hiring a consultant, otherwise you will be wasting a lot of money. Consider this checklist:
• Is your mission clear and well articulated? Is it going to change in the near future?
• What program do want to attract funding for? Is it well defined? Does it need changes?
• Is your program staff on-board with the idea of expanding/ implementing the program?
• Do you have written materials about the program that the grant writer can reference?
• Is your program achievable with quantifiable objectives?
• Have you identified appropriate funders whose funding criteria you match.
• Do you have a needs statement/data about the population and demographic that you serve?
2. Think about what you need the consultant to do. Do you have a clear set of tasks you want the grant writer to accomplish? If your program needs development, consider hiring someone with program and possibly strategic planning experience.
3. What is your long range plan? Do you anticipate needing a grant writer for a one time application or possibly someone that is available on an on-going basis? Be sure to discuss this with potential candidates to see if they match your needs. 

SELECTION CRITERIA

1. If possible, select someone with experience in your sector, who is familiar with the type of programs that you operate.
2. If you need someone to brainstorm and help you develop your programs on the fly, choose someone with program or strategic planning experience. Often times during the grant writing process a savvy grant writer will find holes in the program’s approach or other inconsistency that should be addressed.
3. It is helpful if the grant writer has philanthropy or board experience. This type of person will have the perspective of the funder in mind while crafting your proposal.
4. Hire someone you get along with! You will be spending a lot of time with this person and it is important you have a comfortable and productive working relationship. Most important – hire someone you feel you can trust.
5. Look for someone with a wide range of experiences. Don’t hire someone who has only achieved successes (or tells you such). We learn as much from failure as from success, and in the world of development you need to take your knocks and be persistent.

Aaron Rome is the owner of Rome Specialties, Inc., a BBB Accredited Business since 2006.

No Credit? Bad Credit? Beware of Loan Scams

Advance fee loan scams target individuals and small business owners who are desperate to get a loan and often take the victim for thousands of dollars.

Most people stumble upon the scam online or learn about the bogus loan offer from ads in local publications and online through classified sites like Craigslist. Often, an advance fee loan scam website will be created and taken down within a couple weeks only to be replaced by another operating under a different name and fake business address.

The websites look professional and might even put the victim through the rigors of filling out loan application forms—often requiring the victim’s bank account and Social Security numbers. Eventually victims are told they are approved for the loan and just need to pay as much as thousands of dollars upfront via money order or wire transfer to pay for insurance or collateral. Those that pay, never get the promised loan and are even sometimes tricked into giving the scammers even more money. 

BBB advises cash-strapped individuals and small business owners to recognize the red flags of an advance fee loan scam:

• The lender has a bad reputation—or none at all.  Research the lender thoroughly online and with your BBB. Most trustworthy lenders have an established track record; be wary if you can’t find much information about the lender online.
• The lender is not registered in your state to do business. Check with your state financial or banking regulators.
• The lender asks you to wire money or send a money order—such as for insurance or collateral—before you can receive the loan. You might be told to wire money to another country, consider this yet another red flag.

If you’ve become a victim of an advance fee loan scam, contact your local Better Business Bureau and report the incident to your police department.