Business Ethics: 101
They say there are two sides to every story, and then there's the truth. There is perspective and then there is your reality. We need more truth seekers, instead of people who pass judgment against others. Business is like life -- constantly changing, but in the end it's all about true relationships. Cultivating healthy relationships requires an investment of time, effort and skill. It requires honesty, patience and authenticity. The year 2009, will be remembered as a year of economic turmoil, heartache and ethical scandals. Yet, the voice of a true champions will always rise to the occasion, adversity, trials and tribulations only come to make you stronger. In the face of opposition, you must lay aside everything that will hold you back to truly prevail. Influential people and ordinary people made history this year. What are you choosing to leave behind...in 2009, and how will you leave your mark in 2010?
2009: A Year in Review
The year 2009, was an extremely trying year. Many Americans suffer
ed loss of employment; loss of homes; and loss of lives due to the war sickness and violence. We witnessed top executives of insurance companies like AIG and major corporations on Wall Street receiving billion dollar bailouts, because of deceit and greed. The Madoff scam defrauded many individuals of their 
retirement with a Ponzi scheme. Entertainment, the arts and sports were impacted by the sudden passing of two great icons, Michael Jackson and Farrah Fawcett, both gone too soon, on the same day. Their contribution to history spans several generations and decades, they made such an impact to our pop-culture and will be greatly missed.
Champions of every sport experienced moral failure, from Michael Vick, Chris Brown, Alex Rodriquez, to Tiger Woods all men who fell from grace. The "balloon boy" hoax, parents committed deceitful acts of fraud, played on the emotions of the American people. All of these acts are forgivable, it's a matter of choice, telling the truth seems like the unpopular thing to do. Just go against the grain and stand for truth, or you will fall for anything!
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2009 started out very hopeful with an outlook for change in America. We watched, cheered and celebrated the inauguration of the first African-American President of the United States, President Barack Obama take office. This moment in history has left an indelible mark on our hearts and minds forever. Many never imagined they would witness the day we would elect the first Black President to the oval office in this lifetime.
Will change ever come...yes, remain hopeful change will become reality soon!
The Truth in What's in a Name: EVERYTHING!
We would like to take this opportunity to set the record straight. As discussed early, business ethics is important in every aspect of business. What's in a name, from our standpoint, everything. Our business name is our brand, we are one in the same. So Fabuluxe! is a couture event design firm. We specialize in creating original, one-of-a-kind, luxury invitations and couture event designs for weddings and social events. We have been involved in the event industry for the past 15 years, orchestrating and implementing corporate events and social affairs, nonprofit galas.
Last year, we were involved in a trademark dispute, wherein another company falsely accused us of infringing on their company name, and trademark. This was far from the truth. The funny thing discovered, after we investigated, we located several company's using a similar version of the word Fabuluxe. This is not uncommon in the wedding industry, you might find similar or same named companies in different geographic areas, all using the same name. Fancy That!
Now, this statement is not a matter of who's right or who's wrong, not meant to point fingers or become a bridal war of words, it's a matter of truth and the truth will always prevail. So let the scales of justice reign.
US Trademark Rules
Without getting into all the details of the matter, our company was first to file for trademark protection with the United States Trademark Patent Office (USTPO) to protect our own intellectual property. Anyone can oppose others' application with the USPTO to cancel a trademark registration. Examiner's will consider who used the mark first, and who used it legally. This matter was ultimately brought before the Trademark Trial and Appeals Board (TTAB) and a final decision was made, and our company did prevail. Evidence, statements and documents are all public record.
So how did this all happen, if another company was using a particular term or word first? Glad you asked. The US Trademark law regulates registered and unregistered trademarks. It also regulates service marks, or common law marks, although they have less legal authority. Trademark law protects the creator of a unique phrase, design, image, word, name, or logo, so that other (legal entities) cannot use them.
The opposer, insisted they had an exclusive right to use the word "Fabuluxe" which was in error. In fact, their business name was not lawfully being used in commerce as stated, this is not slander, it's a statement of fact. Operating a business is a legal entity, if a person wants to start a business, they must decide on how the entity will be set-up, either sole proprietor, limited liability corp. or "C" corporation. A person must first file, what is called a Fictitious Business Name or (DBA) Doing Business As, if its other than your own legal name. The following words can not be used in conjunction with filing a DBA, LLC, Limited, LTD, Corp., or Inc. A separate application must be filed with the Secretary of State within your own state to indicate you are in fact a recognized Corporation.
Damaging information admitted in the opposer's statements were brought to light: 1) a fictitious business name was not legally filed 2) The other company committed fraud by misrepresenting their company, as a corporation to the public, (INC.), and to the USTPO, the opposer was never incorporated and subsequently, denied Articles of Incorporation by the Secretary of State of Georgia 3) After applying for the trademark protection, they attempted to incorporate their business, only to be denied and listed, as in bad standing.
Today, in America, lying on official government applications is a federal crime, in just about any business context and every business person or executive must be aware of their state of affairs.
This past November, this same company had an opportunity to come clean and tell the truth, they choose to remain silent and omitted the true facts of this case.
So, you see, you can you use your influence for good or evil. The fact that wedding industry leaders, reported this false information, as a way to influence others from their their blog posts, was in error. Do you follow the blog of "popular opinion", or do you make your own decisions based on truth and facts. Truth is, it's illegal to make inaccurate claims about your business, which influences a customer's decision, behavior or compels them to buy from you based on incorrect advertising. Does Truth really matter? You decide, if any company, misstates facts of incorporation, led the public and consumers to believe they were a legal corporation and they were not, would you still do business or be affiliated with them, do you consider it lying? If you were this person's friend, would you tell them to tell the truth...? Just food for thought.
Happy New Year!
I do believe everything in life happens for a reason, and a season, whether it be good or bad. No one is perfect, and people do make mistakes. God opens doors that no man can close, He also closes those same doors that no man can open. He brings people in and out of our lives on purpose, for a purpose. What's for you is for YOU. No one can come and just take it away. Copying, duplicating others people style, or business model is not our way of business. We are comfortable in our own skin, just being who we are. The creators of original, theme designs. We only use high-quality products to produce events of excellence.
Lessons learned with this situation, true love never fails and truth always prevails. To extend forgiveness to others, one must be forgiven. You never know when you will need that same grace and mercy. Forgiveness must be done from a pure heart of love. It is our sincere desire that these real life examples, will help others who are thinking about starting a business, incorporating or trademarking a word, logo or phrase. We wish the other company and their colleagues well in 2010, and in their future business endeavors.
Our Top Five Challenges for 2010: Words to Live by
- Our mantra for 2010, to operate from truth, passion and love. Be a person of my word.
- Help others reach their goals in creating memorable event designs and luxury invitations that sets the tone for every life celebration,
- Volunteer our time, money and talents. Giving back to the community we live in is our passion, our purpose our destiny,
- Give people the benefit of the doubt before judging, forgiveness and love never fails,
- Leave the negative thoughts and negative people behind, in 2009! Make a positive Mark in 2010, that can not be erased!
Live your best life in 2010 and beyond!
Happy New Year - may you find love, joy, peace and prosperity!
Rachelle Jones, So Fabuluxe!
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