A Trademark Is A Trademark, Even When It Isn't... Cliff Ennico www.creators.com "Last year I set up a small Internet business to sell products on eBay, Google, Amazon and other online retail venues. I was especially interested in advertising my Website on Froogle, a specialized search engine provided by Google that helps people find low-priced items on the Web, so I registered a domain name that included the word Froogle - www.xxxxxfrooglexxxxxx.com [actual name deleted for privacy reasons]. I notice several other people have done this with their Websites, and I haven't heard of Google suing anyone to prevent them from using that name. In fact, I understand Google has recently renamed this service, and is no longer using the Froogle name. I think 'Froogle' is still pretty cute, and I really don't want to call Google if I don't have to. Am I okay to use 'Froogle' as part of my Web domain name and business name?" One of the toughest challenges in starting any small business is to find a good name for the bloody thing. The law says that if someone else has registered a name as a "trademark" or "service mark" with the U.S. Patent and Trademark Office ( www.uspto.gov ), you cannot use that name as part of your business name, Web domain name, or anything else. If you do, even if you are not offering the same products or services as that other company, you may be "infringing" the other company's trademark and are likely to receive a nasty "cease and desist letter" from that company's attorneys warning you to cease using the name . . . or else. Because the other company is usually a lot bigger than you are, with millions of dollars to throw at lawsuits to protect their trademarks, you will have no practical choice but to back down, lick your wounds, and find another name. If "Froogle" were a registered trademark of Google (or indeed any other company), that would be the end of the story. But wait . . . this gets interesting. A quick search of the Patent and Trademark's Office records shows that Google at one time did try to register "Froogle" as a service mark, but "abandoned" their application at a later time (meaning they withdrew their application). Without looking at the underlying trademark file, we can only speculate as to why that happened. Perhaps the trademark examiners felt that "Froogle" was too close to "frugal" - a word that has been in the English language for hundreds of years. Or perhaps the fact that a number of people tried to register "Froogle" at the same time convinced the trademark examiners that the word was a generic or "descriptive" name for something and that therefore no one should have the exclusive right to use it. The plot thickens. Another service mark application, for "Froogles", was filed two years prior to Google's application and is still pending in the Trademark Office. Furthermore, Google has (as you correctly point out) ceased calling its shopping service "Froogle". It's now called "Google Product Search", although its Website still appears as froogle.google.com. Without calling Google and getting their permission, you really don't know for sure whether or not you can safely use the "Froogle" name as part of your Web domain name. I sympathize with your desire not to call Google directly - after all, what incentive do they have to say "okay"? But I don't think it's a good idea to use the Froogle name. Even if Google is no longer seeking to register the name as a service mark, they may still consider it a "common law" service mark and will send you a nasty letter if they find out you are using it to drive traffic to your site (which is, I presume, the reason you wanted to include it in your domain name). Also, don't forget that other guy that applied to the Trademark Office to register "Froogles" - he's still out there as far as I can tell, and might well send you the nasty letter Google wouldn't bother sending you if indeed they are "abandoning" the Froogle mark. There are plenty of good names out there that do not conflict with anyone else's. Sometimes the best name for a company has nothing whatsoever to do with your business - what does "Monster," for example, have to do with looking for jobs online? Unless the "Froogle" name is essential to the success of your business, I would steer clear of using it until Google specifically states they no longer consider "Froogle" a trademark or service mark. Using the name as a "keyword" to optimize your Website for Google's search engine, on the other hand . . . Cliff Ennico ( cennico@legalcareer.com ) is a syndicated columnist, author and host of the PBS television series 'Money Hunt'. His latest books are 'Small Business Survival Guide' (Adams Media, $12.95) and 'The eBay Seller's Tax and Legal Answer Book' (AMACOM, $19.95). This column is no substitute for legal, tax or financial advice, which can be furnished only by a qualified professional licensed in your state. To find out more about Cliff Ennico and other Creators Syndicate writers and cartoonists, visit our Web page at www.creators.com . COPYRIGHT 2007 CLIFFORD R. ENNICO. DISTRIBUTED BY CREATORS SYNDICATE, INC. Permission granted for use on DrLaura.com. More >>

Teleseminars: Five Tips For Getting Your Moneys Worth Jill Hart CWAHM.com Teleseminars are a great way to learn from experts without leaving the comfort of your home. No travel expenses, jet lag or cafeteria food to deal with makes them the perfect way for work-at-home moms to expand their business knowledge and skills. More and more experts and authors are offering teleseminars on topics such as business, marketing, advertising and more. Many of these subjects are of interest, but can we as business owners really learn enough to make it worth the time and expense? In short, yes. However, there are a few important steps you should take when attending a teleseminar. Make sure the speaker is qualified. It's fairly simple to set up a teleseminar and virtually anyone could do put one together. So, before investing in a seminar, do some quick research on the speaker(s) to be sure they are experienced in the areas they will be covering. Search for their name using a search engine such as Google or Yahoo and see what results are returned. Also, if they have authored a book, take a look on Amazon and read any reviews/comments posted there. Take notes. If you're like me, you have multiple projects on your mind, as well as your children, spouse, etc. With all of the information running through my brain, I tend to recall very little of what I hear during the day, even if it's good information. In order to retain the information given during a teleseminar, don't just sit and soak it up. Make the effort to listen closely and take notes. You'll remember more of what was discussed and you'll be able to refer to your notes in the future if necessary. Speak up. A teleseminar is similar to a massive conference call with one main person speaking. Because of the size and the virtual setting, many people feel unsure about speaking up and asking questions. However, you'll do both yourself and the speaker a favor by voicing your thoughts when appropriate and asking honest questions. Chances are good that others in the group have the same questions and will appreciate you stepping out and asking. Do be careful not to ask too many questions. This isn't a personal training session and if too many questions are asked, especially by the same person, the speaker doesn't get to cover all the material they have planned. Enlist a Friend. What better way to get the most out of a seminar than to take it with a friend? If you have a friend of colleague that is interested, you can both participate in the teleseminar it will give you a great topic for discussion afterwards. I tend to learn more from discussions post-seminar than I do while listening to the lecture. I think talking it over with another attendee helps me to process the information and see how it applies to my daily life and business. Follow up. If a teleseminar is especially helpful to you, send a thank-you to the speaker. Try to send a written note or if this is not possible, an email will do. By making contact with the speaker and showing your appreciation you're not only providing encouragement, you are networking. You just never know what type of response you might receive and you may even make a new friend or find a mentor. The key to getting the most out of teleseminars is to find the ones that are by true experts in their field and that interest you the most. So, the next time you find a teleseminar that catches your interest, gather up your pen and paper and tune in. If you can find a colleague that interested in joining you, you'll be all the better for it. You'll learn more and have more fun in the process. About the Author:Jill Hart is the founder of Christian Work at Home Moms, CWAHM.com . Jill is a contributing author in The Business Mom Guide Book and I'll Be Home For Christmas and co-author of the upcoming book, Home Based Blessings. Jill and her husband, Allen of CWAHD.com reside in Nebraska with their two children. Permission granted for use on DrLaura.com. More >>

Free Samples, Taste Tests, And The Law Cliff Ennico www.creators.com "I am in the process of starting a specialty foods business with a focus on high-quality baked goods. As part of my market research, I plan to host 'taste testings' in my home, at local fairs and church functions, and eventually in supermarkets and local gourmet stores. Is there anything I can do to limit my liability in case somebody gets sick? I'm especially concerned about people with food allergies who don't realize it until it's too late." Sooner or later, every specialty foods business has to learn a bit about taste testing, as it's often the best way to predict the market success of any new food product. Simply put, people won't buy a food product unless it tastes at least somewhat good. And they don't know if something tastes good if they don't try it first. Just remember that whenever you put ANY product out into the marketplace - even just for testing - product liability law comes into play. Basically, you have two things to do here. The law requires you to KNOW if any of your ingredients, or the manner in which you cook or bake something, poses a health or safety risk before you put it out for market testing of any kind. And, if it does, you must make a reasonable effort to WARN consumers about the risks before they try it. First of all, I wouldn't do any taste testings out of your home, because inviting total strangers into your home FOR ANY REASON is usually a bad idea. You just don't know about some people - they give you good feedback about your product, but then later that evening you notice some precious knickknacks have gone missing. Also, doing product testing out of your home doesn't exactly send the signal that you are a serious business. You're on stronger ground with the local fairs and church functions. Here are some rules: make sure your packaging is professionally done, and meets all federal, state and local labeling laws - to learn more about these, go to www.cfsan.fda.gov/label.html ; you have to be especially careful when listing your ingredients - too much detail and you've given away your recipe, too little and you haven't sufficiently warned people with food allergies (for help with disclosure laws regarding the most common allergens, go to www.foodallergy.org/advocacy/labeling.html ); make sure to state clearly, both on the label and verbally to each "taster", if there are any ingredients (such as peanuts or gluten) that you know a significant number of people in your community are allergic to; most attendees at street fairs and church functions won't sign liability releases, but you CAN give each "taster" a one-page flyer about your products (perhaps with a coupon towards a future purchase) that contains all of your liability disclaimers and warnings; and if you yourself do not know the Heimlich maneuver, make sure there is someone nearby who does (please don't laugh - when people are eating and giving you verbal feedback at the same time there is a greater than usual choking risk). "I've created a new product, and want to offer it free on my Website to get people excited about it. Any ideas on how to do that legally?" Offering free samples of your product is a great way to generate "buzz" in the marketplace, but it can easily be abused by greedy consumers and, again, the product liability laws apply. Here are some tips: make sure your samples use your standard packaging, and include any appropriate legal disclaimers (for example, "NOT A TOY - may be a choking hazard to children under 10"); limit your samples to "one per customer", and build in some controls so you can determine if some crazy person is ordering 50 free samples one at a time; be sure to state clearly on your sample "for promotion purposes only - not for resale" - and be sure to check eBay every once in a while to make sure your samples haven't been "repurposed"; condition your sample on some marketing feedback from the customer, or offer him something else if he answers a short questionnaire about the sample; consider using one of the better known "freebie" Websites, such as www.all-free-samples.com and www.thefreesite.com , to push your product samples - these sites already have all the necessary controls in place to prevent sample abuse, and for a small fee will help you target your market research in a more effective way than just offering free samples on your Website will. Cliff Ennico ( cennico@legalcareer.com is a syndicated columnist, author and host of the PBS television series 'Money Hunt'. His latest books are 'Small Business Survival Guide' (Adams Media, $12.95) and 'The eBay Seller's Tax and Legal Answer Book' (AMACOM, $19.95). This column is no substitute for legal, tax or financial advice, which can be furnished only by a qualified professional licensed in your state. To find out more about Cliff Ennico and other Creators Syndicate writers and cartoonists, visit our Web page at www.creators.com . COPYRIGHT 2007 CLIFFORD R. ENNICO. DISTRIBUTED BY CREATORS SYNDICATE, INC. Permission granted for use on DrLaura.com. More >>

When "Solving The Problem" Doesn't Solve The Problem Cliff Ennico www.creators.com "I'm a computer consultant who works out of my home. I have one or two larger businesses that provide the bulk of my income, and the rest of the time I spend serving small and home-based businesses. Last week I received a call from one of my home-based business clients who had a real emergency - his computer was crashing once every hour and he couldn't access his e-mails. I was busy with one of my bigger clients that day but drove over to his house that evening. After about four hours running diagnostic tests on his computer I concluded that his hard drive was 'cooked' and that he would be better off buying a new computer rather than repairing the old one. He said he was traveling on business the next few days and wouldn't have time to shop for a computer. I told him I would be happy to put a new computer together for him, but because of pressing duties with my larger client it would probably be a week or two before I could give him a quote. We parted on friendly terms, but when I called him the following week to see if he was still interested in a new computer he told me he already had one - apparently he went to a local computer store the morning after I visited him and bought a machine 'off the shelf'. He also told me he wouldn't be paying me for the four hours I spent working on his machine. It isn't worth suing over, but I feel this client ripped me off. Did I do something wrong here?" To paraphrase an old TV game show, "it's not what you did, it's what you DIDN'T do" for this client that cost you the relationship. I have no doubt that you are an excellent computer technician, and that you correctly diagnosed the problem this client was having with his computer. The problem is that there were two separate problems here - the computer had a problem, and the client had a problem. The computer's problem was that its hard drive was "cooked". The client's problem was that he had a home-based business, he couldn't access his e-mails, and he was losing business every hour his computer wasn't operational. You solved the computer's problem all right, but you completely ignored the client's problem, and he had every right to be angry with you. Let me spell it out for you. When you work out of your home and your computer crashes, you are out of business. Kaput. Gonzo. Over and out. World without end, amen. Would I be right in guessing that this client was freaking out when you arrived at his home? Now, you started out right - you got to his home the same day he called you. But then you spent four hours taking his computer apart (no doubt while he hovered over you wringing his hands in anxiety, as I would have done), only to tell him there was nothing you could do to get him up and running within the next week. Instead of reducing the client's anxiety, you succeeded only in terrifying the Dickens out of him. Your client couldn't have cared less about the cause of the computer's problem - what he wanted was to get up and running in as short a time as possible. Here's what you should have done: you should have had a spare computer in the trunk of your car, along with a portable hard drive, for just such an emergency as this; the minute you showed up at the client's home you should have disconnected his computer, replaced it with the "spare", and connected it to his e-mail and Internet accounts; if the client hadn't properly backed up his data, you should have backed up his computer onto the portable hard drive and put as much of his data as you could back on the "spare's" hard drive; THEN, once the client was back in business, you could have given him the option of purchasing the "spare", or leasing it for a few weeks while you put a new computer together for him at your leisure. This client was absolutely right to take matters into his own hands - waiting a week for your schedule to clear would probably have destroyed his business. Frankly, he let you off easily - a less gracious client would have told you in no uncertain terms what you could do with that "cooked" hard drive! Whatever you do, don't send this guy a bill - send him some free software or other "thank you for your business" gift that will show him you really do consider people more important than machines. Cliff Ennico ( cennico@legalcareer.com is a syndicated columnist, author and host of the PBS television series 'Money Hunt'. His latest books are 'Small Business Survival Guide' (Adams Media, $12.95) and 'The eBay Seller's Tax and Legal Answer Book' (AMACOM, $19.95). This column is no substitute for legal, tax or financial advice, which can be furnished only by a qualified professional licensed in your state. To find out more about Cliff Ennico and other Creators Syndicate writers and cartoonists, visit our Web page at www.creators.com . COPYRIGHT 2007 CLIFFORD R. ENNICO. DISTRIBUTED BY CREATORS SYNDICATE, INC. Permission granted for use on DrLaura.com. More >>

Telecommuting - Five Ways to Find Your Next Job Jill Hart CWAHM.com The trend of telecommuting is on the rise as employers begin to see the savings involved in both gas and office space. With gas prices at an all-time high, many Americans are looking for ways to do less driving and more companies than ever before are offering telecommuting options to their current employees and searching for at-home employees to fill open positions. The question for the job seeker is now how to find these opportunities. Below are five methods you can use to find a telecommuting position. First, check your local newspaper. When I began my search for an at-home career, I found my first employer through the Classified Ads section of our hometown paper. I was wary at first, but after thoroughly researching the company through means such as the Better Business Bureau (BBB), visiting the corporate office and meeting some of their current employees I found the company to be legitimate. Second, search online using website such as Monster.com and Dice.com . However, listings found online must be researched carefully to avoid the scams that abound on the Internet. There are also websites that will you allow to do job research in your own community. One such website is Craigslist.com on which you can choose a city and then refine your search with keywords such as "telecommute." Posting your resume on websites such as Hotjobs.com is a third way to locate at work-at-home job. Putting your resume online can bring employers to you, depending on your skills and qualifications. Another bonus of an online resume is that you can easily direct prospective employers to view it. It also makes life a bit simpler when applying for jobs, because you can attach your online resume instead of typing out your job history, qualifications, and so on, each time you apply for a job. When posting your resume on the web, be sure to create an accurate and impressive representation of your abilities. You don't want to be wordy when describing past job experience, but you do want to be specific about the roles you've held as well as your accomplishments. A fourth option when looking for at-home employment is to open a phone book and call businesses in your area. For example, if you're interested in doing administrative work, you might contact churches and small businesses in your area to see if they are looking for office help. Even if they are not currently seeking help, they may know of another business owner who is. Along those same lines, the fifth way to become a telecommuter is to create your own opportunity. For example, instead of finding a company that will hire you as an administrative assistant from home, consider starting your own business as a Virtual Assistant. You can offer your services to many companies, which can both increase your income potential and allow you the flexibility of deciding which jobs you'd like to accept. You can also create your own telecommuting position by talking with your current employer about work-at-home possibilities. More and more companies are finding that at-home employees are just as productive as those in the office , if not more. Companies also benefit financially by lessening office space and avoiding the costs of many office supplies. Many companies who are not ready to hire at-home workers will allow their current employees to work one or two days from a home office, so be sure to discuss this option. The telecommuting field has become highly competitive as more and more people find that working from home is a possibility. Searching for a telecommuting position can be daunting, but by looking in strategic places such as online and in your local newspaper, you'll have a much better chance. No matter, how you find your telecommuting position, make sure it's something you would enjoy doing and also something you can make money at. Jill Hart is the founder of Christian Work at Home Moms, CWAHM.com . Jill is a contributing author in The Business Mom Guide Book and I'll Be Home for Christmas and co-author of the upcoming book, Home Based Blessings. Jill has articles published across the web on sites like DrLaura.com and ClubMom.com. Jill and her husband, Allen of CWAHD.com reside in Nebraska with their two children. Permission granted for use on DrLaura.com More >>

Ten Really Cool Things I Learned At eBay Live! 2007 Cliff Ennico www.creators.com If it's June, it must be time for eBay Live!, the annual trade-show-cum-Woodstock for the eBay community. This year's event was held in Boston, and I was privileged to host programs dealing with the legal, tax, and personnel aspects of running a "real" business on eBay. If you think eBay is only for folks living in remote rural areas, be advised that more than 10,000 people, most of them serious eBay sellers, attended the event. Here are 10 of the really cool statistics, selling resources and people I learned at this year's eBay Live! 10.According to CEO Meg Whitman, there are more than 233 million registered eBay users around the globe, up from 200 million at last year's event. 9.eBay sellers have given more than $100 million to charities around the world through eBay's "Giving Works" program, which allows sellers to donate a percentage of their auction winnings to designated nonprofit organizations. 8.If you're a fan of YouTube.com or other online video sites, you can now create "video listings" of the stuff you're selling on eBay and post them on your auction pages. Consider: instead of describing in words the vacuum cleaner you have for sale on eBay, you can post a video of a sexy "Desperate Housewives" type using the vacuum and demonstrating just how well it picks up dust devils. Just keep it clean, folks. 7.eBay business consultant JackWaddick ( jwaddick@oakviewtraining.com ) said that by far the biggest announcement at this year's eBay Live! was PayPal's new "Security Key" - a device that (for a one-time $5 fee) generates a unique six-digit security code for your account every 30 seconds. You enter this number, along with your username and password, each time you log into your PayPal account so identity thieves and other fraudsters can't access your account even if they hack your password. To find out more go to www.paypal.com , click on "Security Center", then "Security Tools", then "PayPal Security Key Overview" (hey c'mon, guys - something this big should be on the home page, shouldn't it?). 6.The coolest title I've ever seen on a business card - Carrie Jeffries, "Head Dreamer" of Creative Career Cafe, a direct marketing consultant for small businesses based in North Smithfield, Rhode Island (www.createtheworkyoulove.com). 5.Bizfilings.com, one of the leading online incorporation services, announced that they just acquired toolkits.com (the former "CCH Toolkits"), which among other things helps small businesses register for state sales, use and other business taxes in their home states. So now anyone forming a corporation or limited liability company (LLC) through bizfilings.com will automatically be able to register for state and local taxes at the same time, without having to seek an accountant's help. To my knowledge, this is a service not offered by any of the other "do it yourself" online incorporation services, and will give bizfilings.com a major edge over their (many) competitors. 4.Are you using QuickBooks(r) for your online selling business but can't find an eBay-specific "chart of accounts" to upload into the program? Oregon CPA Cathi Aiello ( www.allegroaccounting.com , eBay ID allegro-accounting) offers customized "chart of accounts" templates for a variety of eBay sellers beginning at $19.95. 3.Have you always wanted to own your own Internet radio station? WS Radio ( www.wsradio.com ), the host of "eBay Radio" and "Entrepreneur (Magazine) Radio" on the Internet, is selling franchises in America's top 50 cities - for more information, go to www.wsradio.com/myhometown . 2.eBay sellers who use Apple's Macintosh computers now (finally) have a listing tool of their own - GarageSale ( www.iwascoding.com/GarageSale ). With GarageSale Mac users can finally compose eye-catching auctions quickly using an intuitive Mac-like interface, and in the fraction of the time it would take to do it on eBay's web interface. Not only this, but GarageSale also integrates perfectly with iPhoto, and includes photo storage (always a big issue for eBay sellers). Thanks to eBay University instructor Janelle Elms ( www.janelleelms.com ) for introducing this one to me. 1.The most powerful new eBay resource I saw at eBay Live! 2007 was Avalara.com ( www.avalara.com ). Based in the Seattle, Washington area, Avalara has developed a "sales tax calculator" that it offers free of charge to eBay sellers. You just type in information about your product and your winning bidder's Zip Code and the calculator tells you exactly how much to charge for state and local sales taxes. Avalara is one of only three software providers nationwide to qualify as an "authorized vendor" under the Streamlined Sales Tax Project (SSTP), a proposed law that would require online vendors such as eBay sellers to collect and pay sales taxes to the state and local governments where all of their winning bidders reside (currently eBay sellers are required to collect and pay sales taxes only if the winning bidder lives in the same state they do). If (as is highly likely) Congress passes legislation enabling the SSTP to become law in the 22 states that have already endorsed it (and you know the other 28 states won't be far behind), Avalara.com already has in place the software tools that will help eBay sellers keep track of the more than 7,500 jurisdictions in the United States that impose sales taxes. Expect big things from this company. Next year's eBay Live! will be held June 19-21, 2008 in Chicago. If you're selling on eBay or even thinking about it, ya gotta be there! Cliff Ennico ( cennico@legalcareer.com is a syndicated columnist, author and host of the PBS television series 'Money Hunt'. His latest books are 'Small Business Survival Guide' (Adams Media, $12.95) and 'The eBay Seller's Tax and Legal Answer Book' (AMACOM, $19.95). This column is no substitute for legal, tax or financial advice, which can be furnished only by a qualified professional licensed in your state. To find out more about Cliff Ennico and other Creators Syndicate writers and cartoonists, visit our Web page at www.creators.com . COPYRIGHT 2007 CLIFFORD R. ENNICO. DISTRIBUTED BY CREATORS SYNDICATE, INC. Permission granted for use on DrLaura.com. More >>

Four Secrets To Successful Negotiating By Cliff Ennico www.creators.com "I have been running a fairly successful business for some time now, but I know I can do better. The problem is that I don't like to negotiate - I end up giving up way too much because I find the process so unpleasant. Do you have any tips that will make me a more successful negotiator without becoming an S.O.B.?" Negotiating is one of the three most important business skills (the others are selling and accounting). Show me a good negotiator, and I'll show you (usually) a successful businessperson. A lot of people don't like the negotiation process - when was the last time you truly enjoyed haggling with a used-car dealer? But that's because you don't realize what negotiation really is. Negotiation is NOT a search for the "perfect deal", because there is no such thing. Negotiation is NOT an argument or fight - although to hear an intense negotiation under way between two equally passionate business people you might easily mistake it for one. What negotiation IS . . . is a game. That's all. Just like chess, checkers or baseball - two individuals or teams match up against each other, and the player or team with the better brains, spirit and luck walks away the winner. And not just ANY game, but a very specific one - poker. Show me a good poker player, and I'll show you a good negotiator. Why? Because, like a negotiation, a poker game takes place on two levels: the actual and the psychological. When the players are dealt cards in a poker game, they are holding "hands", and some hands are stronger than others. That's the actual game - who has the better cards. But poker is also a psychological game. Because the players cannot see the other players' cards, they try to "bluff" the others into thinking that their hands are stronger or weaker than they actually are. Very often, the victory in a poker game goes not to the player with the strongest hand, but to the player who persuaded the others that he had the strongest hand (or that the others had weaker hands). Just like a business negotiation . . . Here are four universal rules that, if followed closely, will make you a better negotiator. Rule # 1: Never Want the Deal Too Badly. You never can get a bargain on something you really, really want. Once the other side sees you are desperate to have something, they will make sure you pay top dollar for it. In any negotiation, the loser is always the player who needs the deal more than the other player does. Your goal in any negotiation is to persuade the other guy that he needs the deal more than you do, and that you are prepared to walk away from the table at any time and look for better deals. Rule # 2: Never Give Up Something Without Getting Something in Return. Never agree to something, even something you don't care much about, without getting something from the other side in return. You may be tempted to give up something because you want to appear proactive, friendly or nice. But negotiators are funny people - whenever you do that, they don't see it the same way you do. Instead, they think you are weak, or that you need the deal more than they do. So they start bargaining harder by asking for even more "freebies" from you. Before someone will negotiate fairly with you, they must respect you - and they won't respect you if you make it too easy for them. Rule # 3: Never Agree to Something That Doesn't Make Sense. Never get so caught up in the momentum of getting a deal done that you forget why you are doing the deal in the first place. If the other side asks you to give up something that will make the deal no longer worthwhile to you, tell them so - and offer up a compromise that will give you what you need while addressing the other side's (legitimate) concern. Rule # 4: Know When to Stop Negotiating. Like any game, negotiations don't go on forever. The longer it takes to get a deal done, the more likely it is that the deal will never happen. At some point, the benefits to be gained by haggling over small points are outweighed by the negatives - when that point has been reached, and you've got a good deal you can live with, don't try to "gild the lily". Get the deal done, and move on. Want to become a better negotiator? Here's how: Get the all-time classic book "Getting to Yes", and memorize every word; Go to antiques shows and flea markets, look for items you don't really want, and offer the seller 50% or less of the sticker price - if they don't accept or sharply reduce their price, walk away - if they accept, buy it and sell it later on eBay; Go to Las Vegas and learn how to play poker - you might even be able to deduct it as a business trip. Cliff Ennico ( cennico@legalcareer.com ) is a syndicated columnist, author and former host of the PBS television series 'Money Hunt'. This column is no substitute for legal, tax or financial advice, which can be furnished only by a qualified professional licensed in your state. To find out more about Cliff Ennico and other Creators Syndicate writers and cartoonists, visit our Web page at www.creators.com . COPYRIGHT 2008 CLIFFORD R. ENNICO. DISTRIBUTED BY CREATORS SYNDICATE, INC. Permission granted for use on DrLaura.com. More >>

"Global Warming" No Excuse For Poor Customer Service Cliff Ennico www.creators.com "My wife and I run a small lawn sprinkler service with five employees. We have over 3,000 customers in our area, who pay in advance for sprinkler service each February. The weather this April was unusually cold - the ground didn't start thawing out until early May so we weren't able to turn people's sprinklers on until then. Once the ground got soft we started driving around to different neighborhoods turning peoples' sprinklers on, but we're way behind. Also, a lot of people were on vacation, working or whatever when our crews stopped by their homes. So now the weather's been hot the past few days, and we're getting dozens of angry phone calls from customers saying their lawns are burning up because we haven't turned their sprinklers on. How can we convince them that it's 'global warming', and not our fault?" If you're looking for sympathy, pal, you've come to the wrong place. Your customers have already paid for service this year, and it's your job to provide it, cold weather or not. No one can control the weather, of course, but this isn't really a weather problem - it's a customer service problem, and that's always within your control. You had an entire month to plan for how you were going to handle this (admittedly tough) situation, and you obviously didn't take advantage of it. Did you take any steps to warn your customers that turn-on service was going to be a bit late this year due to an unusually cold April? Did you tell your customers in advance when your crews were going to be in their area to turn their sprinkler systems on? Did you make an effort to re-schedule customers who told you they weren't going to be home when your service crews were in their area? Obviously, it's too late to do any of that now. You've got some serious "damage control" to do; otherwise you are likely to lose lots of your customers, who will tell everyone who asks (and, believe me, people do) exactly why their lawns are brown this year. Here are some things you should do immediately: change your office's VoiceMail message, adding a statement that "sprinkler turn-on service will be slightly late this year due to an unusually cold April; we will call you when our service crews will be in your area, but if you need immediate service please leave a message and one of our representatives will call you today to schedule your turn-on service"; have one of your employees return every angry customer call you have received so far (as well as every customer who wasn't home when your service crew was in their neighborhood) and schedule their turn-on service so they know at least when it will happen; dedicate one of your work crews as a "swat team" and have them do nothing but service these angry customers - pay them overtime if you have to; as for customers living in neighborhoods you haven't visited yet, have another employee call each household a week in advance with the following message: "we are planning to visit your home on [date] to turn on your lawn sprinkler for the year; if you will not be home that day, please call us immediately so we can obtain some information from you to help service you better;" if a customer responds to that message, explain to them how to turn the water on in their basement (this is the only reason your service crew would need access to their home), and ask for the access code to their electronic garage door opener (most lawn sprinkler controls are in the garage) so the crew can access the sprinkler control without having to enter the house itself - that way your crew will be able to stay on schedule, and the customer won't have to worry that they missed your call because they were in the shower and couldn't hear the door bell ring; if a customer refuses to co-operate, reschedule their turn-on service for a time when they will be home, and add that to the call list for your dedicated "swat team" crew; consider renting extra trucks and hiring "day laborers" on a temporary basis so that each of your five employees (six, including you) can be out in the field servicing your customers at any given time; offer a discount on next year's service to those customers who made angry phone calls to your business - don't wait for them to ask for it. People install sprinkler systems so that their lawns don't burn up in the summer heat. If their lawns burn up because their system wasn't turned on in timely fashion, it's your fault, not the environment's. That's an "inconvenient truth" you ignore at your peril. Cliff Ennico ( cennico@legalcareer.com is a syndicated columnist, author and host of the PBS television series 'Money Hunt'. His latest books are 'Small Business Survival Guide' (Adams Media, $12.95) and 'The eBay Seller's Tax and Legal Answer Book' (AMACOM, $19.95). This column is no substitute for legal, tax or financial advice, which can be furnished only by a qualified professional licensed in your state. To find out more about Cliff Ennico and other Creators Syndicate writers and cartoonists, visit our Web page at www.creators.com . COPYRIGHT 2007 CLIFFORD R. ENNICO. DISTRIBUTED BY CREATORS SYNDICATE, INC. Permission granted for use on DrLaura.com. More >>

Top Ten Ways to Lose a Customer Jill Hart CWAHM.com After days of searching online, I found a website that I thought sold the item I needed. Excited, I scoured the website for the price of the product and the payment. Unfortunately, I never found the information. After ten minutes of searching, I gave up. No matter how many visitors you are able to attract to your website, there are still ways to lose them before making a sale. Below are the top 10 ways to lose a paying customer. Navigation - One of the easiest ways to turn off a website visitor is create a complicated website. If a customer struggles to find their a product, they will more than likely get frustrated and leave the website before they buy. When I first designed my website I had no idea about design. Looking back, I'm not sure I accomplished pretty and I did not create an easy website to navigate. Much like the one I mentioned earlier, my website was frustrating to visitors. Busyness - The wrong type of website can turn off visitors and repel sales. Create a website designed for your target audience. For example, if you're selling aromatherapy products, you'll want a relaxing environment. However, if you're a life coach you want to pump people up. Your website should be full of life and activity. Sizing - Many websites make the mistake of sizing their design to fit their screen. Unfortunately, the standard resolution that most monitors are sized to (800 x 600) does not always match. When this happens, visitors must scroll not only up and down the page, but left and right as well. To eliminate this frustration, set you width to no more than 800 pixels. Point of Contact - When visitors to your website have a question they want to be able to easily find your contact information. Many websites display their email address, phone number, or a link to their contact information either in their menu or at the top/bottom of their website, which makes it easy to find. Hidden Pricing - Customers want to have all of the necessary information before they make a purchase. Make sure your prices are available up front. When customers have to dig for pricing information, there's a good chance that they will get frustrated, give up and leave your website. Customer Service - You can set your business apart from all the rest by offering fast, friendly and helpful service to your customers. Try to respond to emails and phone calls within twenty-fours hours. Smile while you type or talk on the phone because your customers will hear the lilt in your voice and respond. Follow-up - If your customer asks a question about a product or service, follow up within 48 hours to see if they have further questions. Many times this follow-up can lead to a sale. Neglecting follow-up can lose you customers. Spam - If you offer a newsletter or other type of mailing list, be careful with what you send to your subscribers. Avoid mailings that look like spam. Choose a template that works for you and that will be recognizable to your readers. Professional Conduct - In the business world it's important that you're professional, especially when dealing with difficult clients. It's imperative to be kind, courteous and take care of business. Refrain from any type of name calling or blame placing. Stand up for your business in a professional manner and treat your customers with respect at all times. Remember the old adage - the customer is always right. Payment Options/Security - Customers want to know that they can trust you with their financial information. Choose a payment provider that offers a secure way to transit orders and credit card information. If possible, offer more than one payment option to give your customers the ability to choose how they will pay. Creating a website that is customer-friendly isn't as simple as one might think. There are many aspects to consider and the designer must choose carefully or risk losing sales. Avoid these ten no-no's and make your website into a successful business venture. About the Author: Jill Hart is the founder of Christian Work at Home Moms, CWAHM.com . Jill and her husband, Allen of CWAHD.com reside in Nebraska with their two children. More >>

Tax Tips for the Home-based Business Owner Jill Hart CWAHM.com Tax season is one of the most nerve-wracking times of the year. From putting together all of the necessary tax documents to finding the right accountant, taxes can be time-consuming, frustrating, and a major challenge. Add in a home-based business and taxes can be downright overwhelming. However, there are some things you can do to make your tax season a breeze. Choose your accountant wisely One of the most important decisions you'll make as a business owner is who you will choose to help you with your bookkeeping and accounting needs. Research accountants in your area and look for one that specializes in small business taxes. Ask if they will prepare both corporate and personal returns if needed. Make sure your accountant is clear on how they charge for their time - especially for questions over the phone. I once worked with accountants who worked with large corporations. They were used to having very little contact with their clients, however with a new corporation I had many questions about how things worked. Needless to say it didn't go well. Our current accountant specializes in small businesses and is available by phone or email if I have a question. Set up your business accounts properly I was told early in my business career that I must make sure to keep my business accounts and personal accounts separate. When I first began running my own business I simply added a second checking account to use for business purposes. There was no cost to do so I was able to set my income aside in this separate account. I also set up a savings account to set aside my taxes each month. This was a big help at the end of the year knowing that all of my taxes were set aside and I could relax instead of scrambling to come up with the money. Keep good records Another way to keep tax season stress-free is to keep business receipts throughout the year. I keep a separate file in the filing cabinet next to my desk just for this purpose. This way I have everything in one place when tax season arrives. If you don't have room for a filing cabinet, consider an expandable folder categorized A - Z. That way you can still divide up the taxes by topic, and won't have to do that come tax season. Keep records of your business expenses throughout the year. Request a list of items from your accountant or tax professional, so that you will know what items to track. Be sure to ask what counts as "business expenses." There are certain deductions that you can take for your home, car, and utilities. Consult your tax professional about these deductions. Know Your Tax Facts It's important to know the date that your taxes are due. Many S corporations are surprised when they discover that some of their tax forms need to be filed by March 15th and not April 15th. Another surprise to some home-based businesses is that if you pay subcontractors over $600.00 a year, you need to send them a 1099 by the end of January. There are many places online to find more information about taxes. One great place to find more information is the Internal Revenue Service (IRS) website at www.irs.gov . They have sections with helpful information on both personal and business taxes. They also list contact information for local IRS offices where you can also find help. Don't ignore the taxes involved with running a home-based business and hope it will all work itself out. It takes planning and effort to be prepared for tax season. Do your homework when it comes to taxes and find an accountant that you trust to guide you through the tax maze. With the right preparation and help your tax season can be stress-free. About the Author: Jill Hart is the founder of Christian Work at Home Moms, CWAHM.com . Jill is a contributing author in The Business Mom Guide Book and I'll Be Home For Christmas and co-author of the upcoming book, Home Based Blessings. Jill has articles published across the web on sites like DrLaura.com and ClubMom.com. Jill and her husband, Allen of CWAHD.com reside in Nebraska with their two children. Permission granted for use on DrLaura.com. More >>