Legal Blog

Saturday Side Hustle: Saturday Side Bar

Ladies and gentlemen, introducing the first ever Saturday Side Bar!

I write the Saturday Side Hustle off the top of my head, for the most part, because I want it to be conversational and fun to write (and hopefully read!). That approach exposes me to questions and comments from people who have a lot of knowledge in the topic areas I cover, which leads to dialogue, which is great! It also leads to mistakes sometimes, which isn’t great, but I acknowledge that I am but a mere human, so I can live with that.

So, I have decided to coin this installment of SSH the Saturday Side Bar. This week I will share some specific topics of discussion my articles have generated, and correct errors (I think the Supreme Court calls the latter activity errata).

The most obvious error I wanted to correct is from last week. I wrote:

“On the middle of the trademark strength continuum are suggestive marks, such as “Cheerios” for computer software.” I urge you to read “computer software” as “breakfast cereal” if you didn’t figure that one out already. You could also argue that Cheerios is descriptive in view of its history (which I shared) or fanciful since it’s not a real word. Like I said, the scale of trademark strength is a continuum, so I won’t dwell on that too much. Anyway, I hope everyone had a good laugh!

More interestingly, I have an old friend who knows something about the food and drug regulations in our country, who emailed me after reading the first ever Side Hustle, in which I mentioned briefly the cottage food laws. What he mentioned to me was that whether you are producing cottage foods or any other food product to be sold for human consumption, you will need to comply with current Good Manufacturing Practices, regardless of whether you need a food processing license. I did mention that cottage food producers are subject to inspection, and the inspectors will look for evidence of compliance, just as a further point of clarification.

I also have a colleague here at my firm who focuses his practice on corporate governance and business transactions and has been doing that for a long time. In SSH Part 4, I mentioned for example that more sophisticated investors may prefer stock corporations that issue certificates that evidence ownership as opposed to taking a membership interest in an LLC (which can also be appropriately papered). My colleague challenged the notion that more sophisticated investors might be more attracted to corporations over LLCs for investment, saying that his thought was that view is really reserved for large, public corporations, and that many large investments in LLCs happen and may actually be preferred. Fair enough.

In any event, I hope all of you Side Hustlers will feel free to criticize my articles mercilessly, or at least tell me what you think!

We’ll continue on trademarks next week.

For more information on this topic, please contact Scott Lloyd at


ABOUT SCOTT LLOYD | 301.575.0357

Scott Lloyd is a registered patent attorney who specializes in intellectual property counseling and commercialization work. He has served as a technology commercialization specialist and advisor to companies in a diverse array of markets, including biotechnology, pharmaceuticals, medical devices, food and beverage, specialty chemicals, technology, and engineering. In addition, Mr. Lloyd spent ten years as in-house general counsel to small and mid-sized companies, where he managed corporate matters and resolved commercial disputes in addition to intellectual property strategy, and now serves in the same capacity for entrepreneurial clients. He serves as counsel to small and mid-sized business owners seeking to implement growth strategies and succession plans.

While in house, Mr. Lloyd has also contributed to the successful formation of international affiliates of domestic businesses as well as a $400,000,000 business acquisition.




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