Trademark law includes something called “trade dress.” This can be a little difficult to define in specific terms. Federal trademark law isn’t much help in that area. It has described it as “almost anything at all that is capable of carrying meaning.” It essentially...
Where Others See Obstacles, We See Opportunities
Year: 2022
Options when you’re at odds with a business partner
Having a partner in business offers several benefits. It allows you to have the benefit of someone who complements your strengths and weaknesses, which makes your business stronger in the long run. However, in any business partnership, issues and disagreements can...
What’s a choice of language clause in an international contract?
In a global economy, it’s hard to expand your business without eventually developing overseas connections – and that means international contracts. Unfortunately, any international contract presents unique problems that domestic contracts do not. In particular, you...
Your rights when another business breaches your contract
When you reach an agreement with another company, whether you intend to sublet part of their space or receive routine chemical deliveries from them, you expect that they will uphold their side of the agreement. The entire reason you executed a contract is to make your...
Can you protect your family recipe?
What started out as a family recipe has now launched into a business venture. Your product is unique and popular, and you want to keep it this way. You’re worried that your market rivals are going to start catching on to your success and trying to poach your recipe....
Important elements to include in your partnership agreement
Forming a business partnership can be complicated. This is especially true if your business has several facets or if you have more than one partner. It’s possible to reduce possible conflicts by creating an acceptable and clear business partnership agreement. This...
What if you and your business partner can’t agree?
You and your business partner have to work together to make decisions for the company. There are only two of you, so you either have to come to an agreement or compromise. There's no way to do something like putting it to a vote. For some companies, this works...
3 things to look for in a business partner
If you know that you want to start a business but you're interested in doing it with a partner, a critical part of this process is simply picking the right person. Making the proper decision can make or break your company and set it up for success or failure. So what...
Will your noncompete agreement hold up in a California court?
How is your company’s noncompete agreement? Is it airtight? Or is it overly broad and likely to get tossed out of civil court if challenged? To better understand the situation, let’s address three aspects of covenants not to compete. Prohibit employees from competing...
How cheap are fake products?
If someone is making fake products based on your designs, they are stealing your intellectual property. They're also attempting to steal your sales. There are a lot of problems with this, from the loss of those sales themselves to the impact that the proliferation of...