What You Need to Know About Design Protection in the Modern Age

Photo: Christina Jones Photography

Although counterfeiting and “copycat production” happens around the world on a daily basis, the media has shed light on specific incidents such as the escalating dispute between a small Los-Angeles based illustrator and designer, Tuesday Bassen, and the Spanish retailer, Zara. Young designers should be wary of the lessons learned from this case and would be all the wiser by looking into what unique elements of their clothing can be protected. In addition, knowing how much “inspiration” they can take from other designers without it violating the intellectual property rights of another artist or designer is equally as important. 

In the case of Tuesday Bassen, some fans believed that she had been secretly working with the big-time Spanish retailer. However, that was not the case. Tuesday Bassen first realized similarities in her designs and Zara’s later products in early 2016 and attempted to take legal action. However, for someone like Bassen, her funds have taken a hit from just these introductory legal exchanges. What we know from the press is that Bassen has already shelled out thousands of dollars in defense of her accusations. She also took to Instagram to voice her grievances to her followers, resulting in artists and bloggers publicly supporting and sharing Bassen’s, and even sharing their own stints with other alleged copycats. Zara later provided a statement detailing the company’s character as one of the utmost caliber with respect for all creators and the art they produce. The company even went so far as to suspend sales of the products in question when originally notified by Bassen’s legal representation and has stated that it wishes to stay in contact with Bassen to resolve this matter amicably.

In light of the lightning-fast pace of the industries, it seems that designers and artists are constantly copying, reworking, and building on the works of other creatives. Simply trademarking your name or logo only goes so far to protect designers in this day and age. 

“Simply trademarking your name or logo only goes so far to protect designers in this day and age.”

So where does the modern artist or designer turn to in an effort to protect their designs?

1. Copyright Protection

Copyright is a legal right that grants the creator of an original work exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including what is called “the doctrine of fair use.” A major limitation on copyright is that copyright protects only the original expression of ideas, and not underlying ideas themselves.

Copyright law requires that the work (1) be of a sufficiently permanent nature that it may be reproduced or communicated for more than a transitory period; (2) be independently created by the author, and that it possesses at least some minimal degree of creativity; and (3) not be an “idea, procedure, process, system, method of operation, concept, principle or discovery.”  Artwork, photographs, and three-dimensional sculptures are prime candidates for copyright protection. Another great form of protection for designers is to incorporate a unique and copyrightable fabric pattern into their designs.

Copyright protection protects unique designs on accessories and apparel, such as ornamental graphic logos, but not the designs themselves unless the design features sculptural or pictorial features. An entire body of law exists which extends copyright protection to certain unique jewelry designs, as well. While the copyright in and to an original work exists from the moment it is “published,” copyrights should be registered with the U.S. Copyright Office within the first sixty (60) days after publication in order to be able to recover attorneys’ fees and statutory damages from endeavoring copycats. 

2. Trademark Protection

A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Slogans, logos, brand names, and similar all merit trademark protection, however, trademark protection does not protect unique designs in and of themselves, only identifiable signs. That being said, often clothing does not feature any identifiable name brand on the exterior.

“Trademark protection does not protect unique designs in and of themselves, only identifiable signs.”

Most men’s jackets, for example, may feature a label on the inner jacket pocket. Crafty designers have found ways to incorporate their brand into other design features of the clothing such as embroidery or emblazoning their insignia on buttons or lapel pins.

3. Trade Dress Protection

Trade dress, like a trademark, is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging that signify the source of the product to consumers. Some of the best examples of trade dress in the fashion industry are Christian Louboutin’s red sole, Bottega Veneta’s intrecciato or “woven” leather designs, the red stripe on the heel of Del Toro’s slippers and the match stick, tucked into the brim of a Nick Fouquet hat. Colors, patterns, symbols, and other similar design features can classify as trade dress.

Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), protects the author from infringement of the unregistered trade dress of a product. However, obtaining a registration for trade dress is often a costly and time-consuming process. Generally, trade dress is protectable only under either of two circumstances: (1) the trade dress is inherently distinctive or (2) has acquired “secondary meaning”, such that consumers have come to identify the brand simply by the appearance of the trade dress.

Trade dress protection is generally not available to works where (1) the design element is in any way functional, or (2) the claimed trade dress amounts to nothing more than an abstract image or marketing approach.  In most cases, the U.S. Trademark Office only affords full protection to trade dress after five (5) years of use or if a designer can provide sufficient evidence that the industry and the general public recognize the design element as belonging to the designer. (For example, a consumer knows just by looking at the red sole of a high-heeled shoe, that the shoe was made by Louboutin). 

4. Design and Utility Patent Protection

 In general terms, a "utility patent" protects the way an article is used and works, while a "design patent" protects the way an article looks. Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance. While utility and design patents afford legally separate protection, the utility and “ornamentality” of an article are not easily separable. 

A design patent is a form of legal protection granted to the ornamental design of a functional item. Design patents are a type of industrial design right. While copyright law requires only that a work of expression be sufficiently original to be protected, patent law requires a much higher degree of novelty and “non-obviousness.” Design patent protection is much shorter than the duration of copyright. It provides a complete monopoly so that even if someone independently comes up with your design, your design is protected. The US Patent and Trademark Office will generally grant a design patent if a designer can prove that his or her design is: (1) new, (2) "nonobvious"—a legal term of art; and (3) ornamental only, not solely functional. Elements one and two are hard to meet in the fashion world.

Unlike under copyright protection where the preparers of derivative works based on the original copyright hold no rights, the second-comer who invents a patentable improvement on a design patent may apply for and receive a patent regardless of whether the first inventor authorized the improvement. 

Alexander Wang is famous for filing design patents for his fashion items, particularly for his handbags. Many of his items that have been afforded design or utility patents are “hardware heavy”. Earlier this year, Wang successfully obtained a 14-year design patent on several of his "bags with corners"—the official title of the patents on his handbags with metal-covered corners. 

In Conclusion:

Designers should not limit themselves to only one of these options but should consult with an attorney who is well-versed in intellectual property protection to prevent the tragedy of having their work knocked off by companies large and small who are "inspired" by their hard work and ingenuity.

About the Author: Christopher Dischino leads Dischino & Company, a Miami-based law firm that provides legal advice and strategic consulting for the modern business, the entrepreneur, the free-thinker, and those looking for something outside the box. With a knack for the creative and an entrepreneurial attitude, Christopher specializes in business law, intellectual property, and corporate transactions, assisting private clients and corporate entities to establish and expand their businesses domestically and abroad. His experience allows him to create value for his clients by using resourceful structuring techniques to help minimize unnecessary costs and risks. Get more info on Christopher and his law firm here.

Love this story? Pin the below graphic to your Pinterest board.

This story was originally published on February 17, 2019, and has since been updated.

MORE ON THE BLOG

Shop This Way—How 3 Entrepreneurs Are Leveraging Their Websites for Profit

All successful businesses start somewhere and it takes just scratching the surface of a new idea to get the ball rolling. But with that ah-ha! moment comes a lot of hard work, late nights, and coffee to make your new business venture  happen. Oh, and a digital platform to make your new idea look beautiful and profitable, too. Think you’ve got what it takes? Well, we partnered with Squarespace for a three-part series called From Scratch to Success: How to Turn Your Side Hustle Into a Thriving Business to find out what really goes into launching a company from the ground up. To do that, we interviewed three female founders—Michelene Auguste Founder and Owner, Dem; Karen Rose, Owner and Herbalist, Sacred Vibes Apothecary; and Gina Correll Aglietti, Yola Jimenez, and Lykke Li, Co-Founders, Yola Mezcal—to share their story from that lightbulb moment to selling their products online, and everything in between. And don’t forget to keep scrolling to the end to read about our exclusive Squarespace offer for Create & Cultivators.

So, you have this incredible idea to turn your passion into a profitable business—now what? Where are you supposed to begin and who is going to help you reach your end goal? Well, in the beginning, when you don’t have any capital, all you really have is your idea, so the only person you can rely on is you. But the good news is there are a plethora of online tools that can help you get started. Does your new business idea include a product line? If you answered yes, then say hello to the world of e-commerce! To put yourself on the map (and find customers) you’ll need a website that will showcase your unique products in a way people just can’t resist. The rest will come from you, your vision, and your drive for success—but let’s not get ahead of ourselves.

In the first chapter of our three-part series, From Scratch to Success, we introduced you to some incredible women who are crushing their business goals online with the well-known platform, Squarespace. We asked them about their new business venture, how they got started, and why they chose Squarespace to launch online. In part two of this series, we’re diving a little deeper into the commerce side of their business and how these three unique businesses—Dem, Sacred Vibes Apothecary, and Yola Mezcal—use Squarespace to turn their passion into profit. You’ll want to take notes for this one!

Create & Cultivate: Squarespace makes it easy to start a website from scratch. Can you walk us through the process you took when creating yours? 

Gina Correll Aglietti: “Anticipating YOLA’s launch, we felt a video was the best way to communicate our brand story to depict our farm and team in Oaxaca. Squarespace gave us the platform to share this story with a new audience and made it easy for us to help curate first impressions of our brand. We've been using Squarespace for over three years now. I especially love the marketing tools we can use to create newsletters, collect emails, and keep our audience engaged.”

C&C: Squarespace has great features for brands that want to introduce e-commerce. What commerce features do you rely on the most and advise others to use too? 

GA: “We will soon be launching our merch store through Squarespace. We had initially looked at embedding a third party e-commerce platform on our website, but then realized how simple it was to add e-commerce tabs into our Squarespace without straying from the brand’s aesthetic. We have also had the opportunity to embed a link to sell YOLA direct to consumers, which is often very difficult to do because of strict alcohol compliance laws.”

C&C: There are so many websites online—how do you make your website unique? 

GA: “Squarespace allows us to maintain a simple and minimal design that aligns with our brand's aesthetic. We have been able to incorporate our own fonts and imagery to customize the experience.”

Create & Cultivate: Squarespace makes it easy to start a website from scratch. Can you walk us through the process you took when creating yours? 

Michelene Auguste: “When I started building my site, it was very easy to navigate. I started with an e-commerce page, a homepage, and basic information—I’ve been adding to that ever since. I love that I can easily move things around and change the site. I also love that I can rearrange the products on the e-commerce page so it looks the way I want it to.” 

C&C: Squarespace has great features for brands that want to introduce e-commerce. What commerce features do you rely on the most and advise others to use too? 

MA: “I have the Squarespace app which helps me edit on the go when I have to. I’ve found that the app is very helpful.”

C&C: There are so many websites online—how do you make your website unique? 

MA: “The Dem site is a curated experience of the clothing and objects I’ve discovered throughout my life. It’s a bit personal and I think that’s what makes it unique. I love taking photographs and updating the site often with new material.”

C&C: Do you have any shortcuts you can share with other users for making their website? 

MA: “My advice would be if you can’t figure out something or you’re stuck, don’t stress—all the information and help is there for you on the site which has helped me out a lot.” 

C&C: What are some more advanced tools that you use for building out your website? 

MA: “My favorite thing about Squarespace is that I don’t need to know any coding tactics or use any advanced tools. Everything is already there for you to create and run a beautiful, successful site.” 

Create & Cultivate: Squarespace makes it easy to start a website from scratch. Can you walk us through the process you took when creating yours? 

Karen Rose: “I started with Squarespace about five years ago. I saw  how beautiful other Squarespace sites were and wanted mine to be just like that.” 

“I have come so far. I have an online shop now and in many ways I have grown that on Squarespace. We are currently working on creating an online membership/educational portal utilizing Squarespace’s collaboration, Memberspace to offer global access to our work.”

C&C: Squarespace has great features for brands that want to introduce e-commerce. What commerce features do you rely on the most and advise others to use too?

KR: “I rely on our online shop greatly. It is super easy to track inventory and monthly sales.”

C&C: There are so many websites online—how do you make your website unique? 

KR: “We make our website unique by using it to tell the story of our brand. When folks are on our site, we want them to get the whole picture of who we are: not just an online shop but a community.”

C&C: Do you have any shortcuts you can share with other users for making their website? 

KR: “I decided to hire a designer familiar with Squarespace for the initial site design. This allowed us to use our time and resources in a way we felt our business could benefit from most. We still work together closely. He was able to show us a lot of what he has done. But now, most of the everyday maintenance we do is on our own.”

Head to squarespace.com and use the offer code CREATE2019 to save 10% off your first purchase. And or more information around Squarespace’s commerce feature and to understand how you can start selling online today, visit Squarespace Support here.

And don’t forget to tune in next week for part three of our From Scratch to Success series for everything you need to know about SEO and ensure your website ranks in Google.

There Was No Plan—This Founder Started a Side Hustle to "Make a Few Extra Bucks" and Now It's a Thriving Business

This post is in paid partnership with Bootaybag.

We know how daunting it can be to start a new business, especially if you’re disrupting an industry or creating an entirely new one. When there is no path to follow, the biggest question is, where do I start? There is so much to do but before you get ahead of yourself, let’s start at the beginning. To kickstart the process (and ease some of those first-time founder nerves) we’re asking successful entrepreneurs to share their story in our new series, From Scratch. But this isn’t your typical day in the life. We’re getting down to the nitty gritty from writing a business plan (or not) to sourcing manufacturers and how much they pay themselves, we’re not holding back. If you want to know how to start a business, you’ve come to the right place.

“Failure is part of the journey and the reward doesn’t come without a lot of dark, scary moments. We’ve all been there, and we’re in this together.”

—Ellyette Gheno, CEO and Founder, BootayBag

When you’re looking to start your own business, most of us have a five to 10 year timeline in mind before we start making money. Of course, the end goal could be to build an empire but no-one expects for that to happen quickly. But it seems like Ellyette Gheno’s company, BootayBag was an overnight success.

Having grown up with entrepreneurial parents, Gheno was practically born with founder genes in her DNA. So it comes as no surprise that within a day of thinking up BootayBag—a monthly underwear subscription that delivers right to your door—Gheno created a website and launched a side hustle. What started as a way to “earn a few extra bucks” has successfully disrupted the $52 million underwear market (which is expected to grow annually by 3.5%) in just five years and her little aha! moment is changing the game.

So, we tapped the CEO and founder to learn more about her incredible journey from lightbulb moment to starting an undie revolution.

Be sure to keep reading until the end for our exclusive discount code that gives Create & Cultivators 20% off their first month when signing to any monthly subscription.

Did you write a business plan? If yes, was it helpful? If no, what else did you use instead?

“I definitely could have used a business plan. I started BootayBag as a total side hustle to make a few extra bucks, there was no plan. However, if I could go back in time I would have started with a clear vision of what I wanted to create, and what the end goal was. At the very least I would have liked to set intentions, even if it wasn’t a business plan. This would have helped me to later understand my ‘why’.”

How did you come up with the name? What was the process like? How did you know it was the right name?

“So this is my story and I’m sticking to it—guaranteed a laugh. I grew up in the Bay Area obviously listening to rap music. I had seen and heard ‘booty’ spelled as ‘bootay’ and that is the creative genius behind the spelling of BootayBag. After the name was born I had a domain within 24 hours. Looking back I maybe should have run it by someone beforehand."

What were the immediate things you had to take care of to set up the business?

“First came the website and then social channels shortly after. All of the legal stuff came later due to the limited funding I had for the business at the time.”

“A big moment for me was learning to never let myself get too comfortable. I now enjoy being uncomfortable because I know this is how I grow and where positive change comes.”

What research did you do for the brand beforehand?

“My research came at the extent of my self desires. I was solving my own issue of hating digging through sale bins and not wanting to shop for underwear (because what young woman does)? I had undies in my drawer that I am embarrassed to say were beyond their intended life span. I knew that if this was the case for me it had to also be the case for most of my girlfriends. Lucky for me, it ended up being the case for most young girls outside of my inner circle, and that helped me discover my ‘why’ behind the brand.”

How did you find the manufacturer/production facility that you use? Did you have any bad experiences? What did you learn?

“This is a hard one. I have learned what I know now about manufacturing because, unfortunately, of many bad experiences. I would advise to always ask questions, seek insight and advice from others, and basically trust no one. Ha, ha! Be sure to check references, run small tests and batches, and never give them all your money upfront.”

Did you self-fund the company? Did you raise seed money or initial investment money?

“BootayBag has been totally self-funded. Looking back, I am actually so thankful for this as I was able to make mistakes with my own money versus someone else. I had the advantage that I didn’t need funding to bring my vision to life in the beginning stages. However, it is definitely more of a step-by-step, slow-moving process when you’re bootstrapped.”

Photo: Courtesy of BootayBag

How much did you pay yourself? How did you know what to pay yourself?

"In the beginning when it was just a side hustle the whole point was to pay myself. But when I decided that this wasn’t going to just be a revenue stream for myself but that I wanted to make hires and build a brand, I came last on the payroll scale. It still always goes back to what I am trying to do—if I need to make a hire and I can’t afford to do it, I take a pay cut.”

How big is your team now? What has the hiring process been like for you?

“Hiring is hard because your team is seriously so important. I love the saying, ‘You can’t have an A team with B players.’ I’ve failed a lot in this department, especially in the beginning. I just felt lucky to have anyone work for me at the time which I later learned was the totally wrong approach. The best way to learn how to hire is to be prepared as if you’re the one being interviewed. Know who you are interviewing, ask all the hard questions, call the references, and give a training period for you to work alongside them.”

“It always goes back to what I am trying to do—if I need to make a hire and I can’t afford to do it, I take a pay cut.”

Did you hire an accountant? Who helped you with the financial decisions and set up? What do you recommend?

“No, I didn’t at first however, I quickly learned it is so critical to do so—that was a big ‘omg’ moment. Please, for the love of God, get an accountant. At the very least get someone who you pay as a consultant to help you set it all up. Cash is key, and how you set up terms, cash flow modeling, payroll, budgets, and tax compliance is so important. You have to have a professional in the field to guide you through it. We can’t be good at all the things—get help.”

What has been the biggest learning curve during the process of establishing a business?

“A big moment for me was learning to never let myself get too comfortable. I now enjoy being uncomfortable because I know this is how I grow and where positive change comes. Every moment that I think I have everything figured out, I don’t! Lol. Reality settles in and all of a sudden everything I thought I knew is wrong and it’s a whole new perspective. I almost fear the comfort level because I know something is around the corner. I can now thrive being uncomfortable because I know this how I grow and how good change comes.”

“No one should know your numbers better than you.”

How did you get retailers to start stocking your product? Were you told no? How did you handle that rejection? What advice can you share?

“We are our own online retailer as of now, however, rejection comes more likely than not in other directions. Every time we drop a new style that not everyone likes and it feels like rejection. I know we can’t cater to everyone, but you still try to and think you just might one of these times. The only advice I have is that they aren’t rejecting you, it’s not personal and it happens to everyone.”

Do you have a business coach or mentor? How has this person helped? Would you recommend one?

“Mentors are key. My favorite (and most shocking) discovery with entrepreneurs is they will most likely help you if you ask for it. The key here is to be very direct with what you want from them and be respectful of their time. Utilize your network and continue to grow it with every opportunity you get.”

Photo: Courtesy of BootayBag

How did you promote your company? How did you get people to know who you are and create buzz?

“I knew what felt like absolutely nothing, about anything. In the beginning, I started with a concept that I knew I needed and felt like other girls might need too. I tested locally first with pop-ups and events, and put it out there on social media to see if the concept stuck before I put any money behind it. Being very open to everyone’s opinions, ideas, and feedback is what helped me grow the idea into a brand.”

What is one thing you didn’t do in the setup process, that ended up being crucial to the business and would advise others to do asap?

“I wrote myself off in the finance section right away—I don’t do excel, I am not good with numbers. Well, tough luck to me. No one should know your numbers better than you. So with that I learned how to manage and own that even though I didn’t want too."

“We can’t be good at all the things—get help.”

For those who haven’t started a business (or are about to) what advice do you have?

Do it! But do it the safe and smart way... where you can test the waters without putting your whole life savings into it from the get-go. If this all went away tomorrow, I’ve grown so much and learned more about myself, managing people, and business than any other course of life could have taught me. 

Anything else to add?

I would love to touch on how important it is to support one another in our individual journey’s, both professional and personal! This is why I love love love and am continuously inspired by Create + Cultivate so much. It can feel so lonely and scary, but you are not alone in it - someone has already paved the way for you. Ask for help, learn from other peoples failures who did it before you. Failure is part of the journey and the reward doesn’t come without a lot of dark, scary moments. We’ve all been there, and we’re in this together.

Photo: Courtesy of BootayBag

EXCLUSIVE DISCOUNT CODE FOR CREATE & CULTIVATOR’S

If you’re interested in getting 20% off your first month, then use our exclusive discount code CC20 when you sign up to any monthly subscription at their website, bootaybag.com

6 Ways to Reinvest Your Tax Refund and Make Your Business Profitable

Photo: Polina Zimmerman for Pexels

If you're investing in yourself this year, you should take a minute to think about what that means for your taxes. Don't fret, this is the good kind of tax post. Early bird catches the IRS worm, after all.  

And with tax season just around the corner, it's never too soon to give pause on how you're going to spend a refund.  While everyone will tell you that year one of being a small business owner is the hardest, during tax season, there are multiple credits you can take.

If you’re in the position to get refund from the IRS, the best decision you can make as a business owner is to put that money to work.

Here is how to reinvest your tax refund. Use these six ways to make sure that year two is golden (or at least in the green). 

You’re only as good as your team.

You hear this again and again because the numbers do not lie. It costs you time and money to employ workers who do not work at optimum capacity. According to a study conducted by ADP, engaged employees are 57% more effective and 80% less likely to leave your company. Employee turnover or a disengaged employee can cost you $2,246 per year. To power your bottom line you need to make sure your team is happy and appropriately paid. It might be hard to see the payout to pay your employees more, but it is a long term investment. 

The goal shouldn’t be expansion (unless you really do need to add to your team), but reinforcing the team from within. 

Know When You Need to Delegate and Let Those Reigns Go 

If your tax refund gives you the flexibility to outsource tasks that are eating away at your time, it might be the right time to consider doing so. For instance, if as a business owner you’re attempting to cut corners for the sake of funds, but you’re wasting time in the office sorting, organizing, answering customer support emails, or you’re losing hours in QuickBooks, figure out what you’re costing yourself. 

An easy way to do this is decide what (if you were profitable) would you be paying yourself. If paying someone else is cheaper hourly than what you are worth, you’re losing money. Delegate and open up your schedule to focus on other parts of the business that only you can handle. 

You’re a valuable asset to yourself, don’t diminish that by refusing to hire or delegate.  

If You're Doing It Good, Tech Will Help You Do It Better

Are you a small business without a website? Do you need to update your photography equipment? Investing in foundational elements of your business is key and will take you to the next level. 

Beyond the basics, there is life-changing tech for every business. The primary reason most new small businesses fail in the first two years is generally attributed to a lack of marketing savvy. 

Companies that make it past the two year mark have found a way to streamline marketing and social media experience- it’s nearly impossible to engage customers without them. And for a time-strapped new business owner

Investing in the right automated marketing tools is one of the best decisions you can make. Research the different options that best fit your business. 

Simply Measured, Keyhole, and Sprout Social are three great options worth looking into. There are multiple plans that offer everything from brand monitoring to reporting tools. This tech will also help you analyze where you’re performing best, so you can direct attention into areas that make the most sense to make that money.

Pay Off Business Debt

If you’re racking up points on that AMEX, you might be tempted to take a vacation, but what you should do is pay off your bill. When you pay off your credit cards you are basically making at 13 to 20% ROI, depending on your APR. 

Become a Lean, Green, Tax Rebate Machine 

If you have the ability to install solar panel, you can lower your future tax bill. The government offers tax incentives for businesses that invest in green technologies.

Businesses can deduct 30% of their solar install cost on their federal taxes. Not a bad break for giving Mother Nature one. 

Don’t Be a Drip, Invest in One

One of the secrets of wealthy people is that they don't expect to make all their money in one place. They have multiple investments that bring them cash. If all of your 2018 ducks are in a row, you might consider an investment as a way to double down on your financial security. 

A dividend reinvestment plan (DRIP) allows individuals to buy shares directly from a company and to reinvest dividends from those shares automatically. It’s a plan that takes advantage of the power of compounding. Simply put, compounding is the process of earning dividends on reinvested dividends.

With a DRIP, instead of receiving cash from a declared dividend, participating investors receive shares and fractional shares of company stock of equivalent value. 

It’s sort of the magic wand in finance, because it is one of the easiest ways to build wealth with a small amount of effort. Check out what DRIPs might deserve your investment dollars here. 

This post was originally published on April 5, 2018, and has since been updated.

MORE FROM OUR BLOG

The 8 Tiny Business Issues You’re Not Addressing

I’ve worked on all sorts of businesses with different people, personality types, and motivations. A through line with all of them: you have to pay attention to the small stuff, because the small stuff can turn into the big stuff. Molehills to mountains, as they say. And it's not great to be stuck on top of Everest with no gear. 

Here are eight small issues you could be overlooking that have much bigger implications if not addressed sooner than later.

ONE

You haven’t faced your fears or at the very least surfaced what those fears are. Any person who starts a business has fears, insecurities, triggers. Having a really straight talk conversation with yourself and writing down what your fears are will get them out of your head and onto paper (physical or digital). A lot of times these fears, insecurities, triggers are intuitive sensations that we don’t have language for. They can creep up without us realizing and unconsciously sabotage us. Digging deep, bringing those fears to the surface and recording what they are, forces you to to create language for them so that as they pop up along the way, and they will, you will recognize them more easily and take them head on.

TWO

You haven’t decided WHY you actually want to build this business. Having an idea, knowing you’ve got the ability to execute it: all great stuff. But have you asked yourself what you want your business to do for YOU in the future? Thinking through and jotting down how your business fits into your overall life mission (determining what your life mission is in the process) is hugely important. This is a big question to answer but even taking a stab at answering it will be a helpful tool to in you connecting your business effort with a clearer purpose, so that you can do what’s right for YOU and get quicker into solving the problem at hand as you face different business challenges in the future.

THREE

You haven’t incorporated resting and recharging into your strategy. You haven’t made “whitespace time” a priority. I’ve seen a lot of owners fill their time with busy-ness--they equate constant movement with progress.  All that go, go go energy is good for nothing if you’re not also balancing it with some chill, chill, chill energy to regroup, let things settle in, and give your business building muscles a chance to recharge. At the beginning of your business determine how you’re going to build “whitespace time” into your strategy. Otherwise, say hello to burnout.

"You need to make whitespace time a priority." 

Tweet this. 

FOUR  

You haven’t thought about how you’re going to make money -- MONEY. You have a business idea. You even know how to market it. You’ve got the network to start spreading the word and you’ve got the messaging and your target audience down pat. But have you thought about how you’re going to make money? Building that audience is one thing. Making money is another. Build your business with money and profits on the brain right out the gate. Taking the time to put together a financial plan--even if it’s rough and dirty--that can evolve as your business evolves will help you keep the lights on and set your business up for more sustainable growth.

FIVE 

You’ve made someone a cofounder when they shouldn’t be. There are a lot of reasons why I’ve seen this happen. Some business owners have been scared or didn’t realize they were scared to go at building their business alone (see #1-- if the person maybe knew this was a fear they would’ve probably been able to manage this) so they bring on a cofounder. Sometimes people make someone a cofounder because they don’t have money to compensate them as an employee so they make up for it in giving them cofounder status. Whatever the reason is, make sure you’re bringing on a cofounder to augment your business, not satisfy an insecurity or out of not being able to pay (there are other creative ways to compensate--apprenticeship, barter, etc.!).-- you won’t be setting up that person nor yourself nor your business for success if they’re brought on for any other reason besides being a strategic leadership partner.

"Business mistake: You’ve made someone a cofounder when they shouldn’t be."

Tweet this.

SIX

You haven’t decided what you’re okay saying no to. Your time is a precious commodity. And you’re one person. If you haven’t figured out what you’re okay saying no to, next thing you know your calendar is chock-full and you’re taking coffees with people without really knowing how to maximize your java date. Being able to turn a conversation into something that will help you grow your business is a skill. But so is saying no to meetings that don't make sense. You need to focus on the more important aspects of your business that deserve your attention. Get laser focused on what you’re going to say “no” to (nicely of course). 

SEVEN

You haven’t determined who to go to for what. Think through the strengths of the people in your network and uncover how they can help you. This will help you be clearer and more strategic in your asks of them. People like to help but don’t waste the wrong ask on the right person.

EIGHT

You haven’t written any of your plans down. If you’re starting a business chances are you’ve been thinking about it for some time and you’ve finally gotten to a place where you’re ready to pull the trigger. You’re ready to take that leap. Pause and jot down, even quickly, what your current plan is. You don’t have to do a full-fledged strategy; it doesn’t have to be fancy. Writing down what success looks like for your first week, month, year will help you avoid blockages going forward--this is not only a great way to clarify your thinking it’s a great way of firming up the commitment to yourself. 

Alison Gilbert is a business coach and consultant. She’s helped over a dozen owners and entrepreneurs grow profitable businesses quickly and efficiently, including such companies as Well+Good, Levo League, Maiyet and Plum Alley. Prior to building her consultancy she was hire number four and COO of food media company Tasting Table where she grew it into a forty person team reaching a readership of millions.  Visit her site and schedule a free consultation. 

MORE FROM THE BLOG

Women Apologize for Their Answers More, But They Also Do This

photo by Brittni Mehlhoff

Though Siri will tell you that she's genderless, there is a distinctly female quality to her voice (at least in her US version). There's a business reason for that: people tend to react more positively to female voices. And yet, women are less likely to speak up in meetings than men. Why would this be? In his book Wired for Speech, Stanford communications professor Clifford Nass wrote that people prefer for our technology to help us, but we want to still be its boss. In other words: even in tech, the female voice is interpreted as more subversive. 

In January 2015, Lean In founder Sheryl Sandberg and Wharton business school professor Adam Grant published an op-ed in the New York Times titled "Speaking While Female." The piece outlined multiple pieces of research showing that in the workplace, women speak less, are "manterrupted" more, and have their ideas more closely scrutinized. 

Well, it's time for a change. It's time to speak up. Here are five ways to chime with confidence in your next meeting. 

KNOW THAT YOUR THOUGHTS ARE WORTH SHARING

We're not talking garden-variety comments that don't contribute to the task or meeting at-hand, but it is important to speak up at least once in a meeting. Otherwise your colleagues and higher-ups will start to think you have nothing to add. 

The biggest hurdle is speaking up for the first time, and if you're not quite ready, next time you’re in a meeting and you have an idea, write it down. 

Go home and practice saying that idea out loud in multiple different tones. Find the one that resonates with you, that feels like most authentic. Next time you’re in a meeting draw on that at-home experience and be heard!  

ENUNCIATE 

If you’re pitching a business or trying to sell your boss on an idea, you need to be articulate and concise.

Attention to the small details of your speech can actually give you with a sense of confidence that you didn’t know you had. Elocution may not be taught in school anymore, but vocal clarity brings vocal confidence. And nothing derails a confidence train like being asked to speak up or to stop mumbling mid-sentence. 

"Vocal clarity brings vocal confidence."

Tweet this.

So, work on enunciation, clarifying all of your consonant sounds and varying your vowel length— these small changes can make a significant difference in how you’re heard. 

SPEAK SLOWLY 

There is a difference between being excited about what you’re sharing and rushing through your idea. When you speak too quickly what you are conveying is that you’re nervous or that what you have to say is not valuable. 

If you’re speaking, hold the room’s attention, slowly and confidently. If you’re making them wonder whether you believe in what you’re saying, there is a good chance they aren’t going to believe in it either. 

EXPAND YOUR VOCABULARY

We’re reading less. There’s no way around it. However with dropping book sales comes a dropping vocab. One of the best ways to make sure that you’re ever-expanding your word base is by reading. This can be as simple as reading a page out loud every night when you get home. It can be any kind of written word, from fiction to newspaper. Not only will this exercise help you practice enunciation, but you’ll start to learn words without even trying. 

The next time you speak up in a meeting, you’ll find there is much greater fluidity to your speech and you’ll be drawing on a bigger vocabulary base. 

DON'T DISQUALIFY YOURSELF AT THE END OF YOUR STATEMENT

We hear a lot about women apologizing for their answers in advance and how we should nix this from our speech. What we hear less about, is discrediting yourself at the end of a statement or an idea. 

This can be as simple as ending a presentation with one of the following colloquialisms: I guess,  I don’t know, I think. Make sure that you are ending as strong as you start. Be certain beginning, middle, and end. 

Sometimes when we get to the end of what we say, and it isn’t resonating quite right with a room, we get nervous and qualify it with a, "does that make sense?" Stick to your verbal guns, even if the room doesn’t agree. You can still sit back down with as much gusto with which you stood up. 

Have tips for speaking up in meetings? Share in the comments below! 

Arianna Schioldager is Editor-in-Chief at Create & Cultivate. You can follow her @ariannawrotethis. 

MORE FROM OUR BLOG

Why Business Cards Still Matter & 3 Go-to Sites

Just because your entire business lives online does not mean you can’t make an impression in real life.  Business cards provide an inexpensive, customized way for you to leave your mark with a new networking connection, collaborator, or client.

And since most business cards are available online, there is really no excuse not to have cute business cards—you can create a bespoke, on-brand card in less than 15minutes and for around $20.  Check out these sites to get started. 

You can create a bespoke, on-brand card in less than 15 minutes and for around $20. 

Tweet this. 

VISTAPRINT

Arguably the most inexpensive, basic business cards on the market, Vistaprint offers an affordable, professional way to get the word out about your brand.  You can browse their designs or upload your own logo, and the interface is very simple.  Standard cards start at just under $10.

MOO

A favorite of creatives, Moo has a clean, easy-to-use website and on-trend fonts, colors and designs. You can choose from a huge collection of the brand’s pre-designed business cards, many of which are specifically tailored to the arts, fashion, beauty and media industries.  The company also has a large collection of specialty cards, like spot gloss, raised spot gloss and gold foil.  Doubled-sided business cards start at $9.99. 

ZAZZLE

Basic business cards at Zazzle start at $21.95, so it’s a little pricier than Vistaprint or Moo. However, Zazzle offers a money back guarantee, so if you don’t like what you create, you can send the cards back for a full refund. The company offers over 50,000 custom templates, or you can design your own.

What is your go-to for business cards?  Share with us in the comments!

An original version of this article appeared on Ipsy. 

The 5 Clutch Business Tools Every Startup Needs Now

Managing the day-to-day stressors of a startup is, well, stressful. These five tools will help you mitigate and manage, so that you have time to focus on the million + 1 other tiny details. No one ever said rising, grinding, and making your own way was easy! 

Breather: Your Place to Pitch

A startup doesn't always come with a cute office space. In fact, most of the time it's you hustling from your living room in the attempt to get your idea off the ground. Well, think of Breather as your wings-- because you should never pitch where you eat. If you need a space to look professional, Breather is your new startup BFF. Take meetings with potential investors or new clients in one of their rentable spaces. The way it works is simple. Sign up on their site for free, and book "peaceful and practical" spaces when you need them. 

Freshbooks: The Fresh Way You Get Paid

If billing clients and keeping track of invoices is SBT (small business torture) Freshbooks is your savior. Freshbooks is an accounting software program that makes it easy to keep track of billing. Built specifically for small business owners to get organized and get paid, you’ll be tracking time, logging expenses and invoicing your clients with efficiency. It will make you look professional and gets that money in the bank an average of 5 days faster (based on a Freshbooks conducted of 2,000 users) than what you're used to. That's a whole business week.  

Sell Hack: A Cold Email Is DOA If You've Got the Wrong Contact

Cold emailing is the new cold calling, but without the right contact you're wasting a fair amount of time sending off emails to info@bemyclient.com. Generic email accounts will sometimes get forwarded to the right place, but when you're attempting to build your business, the right contact is a golden ticket. Sell Hack gives you just that, and was created to make prospecting on the Internet easier. It's a simple plugin that gives you the option to search and build out email lists. So create an account, look up the people you want to pitch, and start hacking into success. 

Bench Accounting: For the Numbers You Don't Want to Crunch

Make keeping your finances in order Bench's problem. For small businesses and small business owners, Bench collects all your financial data and turns it into tidy financial reports. Which means no: data entry, number crunching, or worrying that you are going to severely screw up your entire life with QuickBooks. Bench offers you a personal bookkeeping team, ready to tackle all of those receipts. You'll get financial statements every month and year-end reporting. It also makes TAX SEASON a breeze. 

Sunrise Calendar: Keeping You Organized and On Time

So you don't have the capital for a personal assistant? Not a problem. Sunrise Calendar is a free calendar made for Google Calendar, Exchange, and iCloud that automatically syncs between your phone tablet and computer so you can access your calendar from anywhere. Fashionably late is not a thing in the startup world.