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Opening a new business is exciting. While the legal details of operating a business may not be as exciting as getting your first paying client or customer, they are extremely important for protecting yourself. If your business will be operating...
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These days we see arbitration clauses used almost as a default in business agreements. But many entrepreneurs have little idea why this might be preferred to litigation in the courts. Of course, every transaction is different and needs to be...
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If it wasn't already clear, contracts are crucial. They are designed to protect your particular interests. That said, each transaction is different and each agreement should reflect the specific intent of the parties. And still we see so many...
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We all deal with contracts and agreements in one form or another. But what are the elements that make a contract legally binding and enforceable? This brief overview explains the basic elements.
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Contracts are a very important and every-present tool in our business lives. Sometimes when one party under-performs in some way it is not entirely clear whether this amounts to a breach or merely a bump in the road. This very brief...
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The number one concern I have observed with our clients’ online terms and agreements is NOT with the substantive drafting of the provisions, but with the way these contracts (and yes, they are binding contracts) are implemented on the website....
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Your website can be a casualty of identity theft. Businesses spend substantial time and money developing web presence that communicates a look-and-feel that captures the businesses’ philosophy and mission. The look-and-feel of your website is...
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A limited liability company (LLC) is a business structure that combines the characteristics of a partnership with those of a corporation. For most new small businesses this is the go-to entity. Here is the basics of what an LLC offers . . .
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This concise overview discusses the often misunderstood non-compete agreement and helps clarify what it is, how best to use it and what determines how it is enforced.
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Let’s face it, for many of us starting a new business on a shoestring budget the prospect of hiring a competent business attorney is little more than a pipedream. As a grassroots entrepreneur, I get that. But as a small business and IP lawyer,...
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I posted this overview to illustrate how our firm handles patent matters and to give potential patent clients (of any law firm) an idea of how some legal providers evaluate and price for these type of services. If you are in the market for patent...
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In the age of software and the Internet, determining which inventions are patentable can be confusing and difficult because the patent laws were designed in an age of machines and manufacturing. Even though business method patents have been awarded...
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For a large, well resourced company the patent process is much more accessible than it is for the small business or independent inventor. It is very important to consider all your options carefully especially when it comes to the decision to invest...
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It's so important for the entrepreneur to recognize that the United States Patent & Trademark Office does not police intellectual property. This responsiblity rests with the owner of patents, trademarks and copyrighted material . . .
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Anyone familiar with the fashion industry understands just how confusing the area of intellectual property law is as it pertains to this ever-changing field. This brief article discusses the current state of US copyright and trademark law relating to...
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Businesses, individuals and organizations often hire people to create work for them. It is important that the business, individual or organization that is hiring someone else to create a written or artistic work on their behalf enter a valid...
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Copyright law can be confusing. This brief overview discusses the importance of proper copyright registration as well as what it means to "infringe" on one's copyrighted material.
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The principles of copyrighting seem straightforward. However, each year numerous lawsuits are brought in the United States federal courts claiming copyright infringement. So, what went wrong and why are people confused about the ownership...
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Copyright law is not so straight-forward and these days it seems to come up in many places especially online. This concise overview offers a basic understanding of the key elements concerning copyright protection.
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In early January, the Weatherproof outerwear company blatantly challenged a request from the White House to dismantle a massive advertisement the company placed in Times Square, New York. The ad prominently featured the President wearing a...
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Businesses work hard to develop the visual appearance of their products so that the product is easily recognizable and associated with the good will of the product and company. Visual appearance, like written words or recipes, is an important part of...
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Almost every business has some secrets it would never want revealed to its competitors. While not all of these are "trade secrets" many can be. And as such, the law offers some measure of special protection. Trade secrets are confidential and...
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A trademark that has acquired secondary meaning means that the trademark has become recognized as a brand for specific goods and services from a single source. What does this mean for the business and does it have any meaningful effect on the...
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A trademark is a major investment like many others. Each day you are in business is another day invested in your brand, logo, product names, taglines, etc. Making such an investment over time without first clearing your trademark can lead to tragic...
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Do you have a symbol, a picture, a word or a phrase that you have created and want to protect? If so, then you might consider applying for a trademark to protect your work. The purpose of a trademark is to provide an easily recognizable signal to the...
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Once a trademark registration application has been made, it is very common to receive a response from the United States Patent & Trademark Office Examiner known as an "office action." So now what? What does this mean and how do you respond? This...
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Have you considered a trademark for your brand or product? What does this process consist of and what should you be doing to make sure you do it right the first time? This brief article discusses the basics of trademark protection and due diligence.
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Have you been considering whether to start a non-profit versus a for-profit company? Operating as a non-profit does not mean that the principals in the organization must submit to a life of poverty. On the contrary, many directors of non-profit...
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Deciding where to form your new company can be a difficult decision. To protect your personal and business interests, it is sometimes required to register your company in each state where you are "actively engaged in business." This brief overview...
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This brief overview offers a concise explanation of entity types such as LLCs and S-Corps along with comparisons outlining advantages and disadvantages. It also discusses some of the more popular states to form an entity such as Deleware, Wyoming and...