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TO CATCH A THIEF...Intellectual Property Rights in Action

Global reach of the Internet means that sellers of counterfeit goods can reach consumers like never before. For this reason, you will want to protect your goods with patents and/or trademarks in those countries you will be selling, manufacturing or developing your products or services. The biggest violators are based in China, Indonesia, Taiwan and Mexico; with cheaper labor available, they are…

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#counterfeiters #intellectual property law #trademarks

A Street-Smart Guide to Investigating Your Business Partners

Going into business with someone or choosing to invest in a startup entity is a huge step and one that could have serious repercussions if the party (or parties) turn out to be less than scrupulous. Performing personal due diligence (not to be confused with corporate due diligence) does not necessarily mean ordering a credit or criminal background check in the manner that many employers do or…

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#background checks #due diligence #Entrepreneurs #legal

David LLC vs. Goliath INC

ALWAYS RESIST BEFORE YOU CEASE AND DESIST I was contacted by the management of a consumer product line; the COO was in a panic “we are being sued for trademark infringement and we received a 30-day cease and desist letter.” Me: First, let’s be clear. You are not being sued. This is only a threat. Him: But I am looking at the court papers, we are being sued. Me: These haven’t been filed. They…

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#cease and desist #defending infringement claim #intellectual property #legal #sole practitioner #trademarks

Is that an Independent Contractor or is the IRS just happy to see you?

Employees vs. Independent Contractors and why it matters. When starting a business and bringing staff on board, you must decide whether those individuals providing the services are employees or independent contractors. This post provides important information about how to classify your workforce and avoid costly penalties. In my experience, many start-ups bring on initial staff as Independent…

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#business #Employee #Employer #Independent Contractor #IRS #legal #Tax

A Founders Agreement in the Hand is Better than a Lawsuit in the Bush

Founders may operate on a handshake and the best of intentions but a lot can go wrong between the visionary process and when a business is actually launched. The press coverage on trending startups makes it sound as if success happens overnight but, in most cases, you will struggle for a long time before your business (or partnership) will either thrive or fold so it is important to minimize…

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#cofounder agreements #founder agreements #operating agreements

Disrupting the NDA

Brillson’s Law on Non-Disclosure Agreements (a/k/a Neurotic Delusional Approach) Since mere ideas cannot be protected with patents, trademarks or copyrights, to get a concept off the ground with the support of others involves a certain degree of risk. You may need to share your ideas with vendors, investors and maybe a partner or a mentor. So how do you protect your ideas at this critical stage…

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#confidentiality #NDAs #protecting intellectual property

How to Lose Employees and Alienate Clients

The Compassionate Leader. As an attorney and executive adviser, I have been regularly called upon by management (or their boards) to manage crisis. Whether it is an employee or director matter, a falling out between partners, a threatened litigation, or breach of confidentiality; all companies face crisis from time to time. While external issues are not always in the control of management,…

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#business advice #business tips #effective leadership #entrepreneur #leadership #legal advice #legal tips #start-ups #startups

Non-Disparagement Clauses - Don’t let the small print scare you

Reblogged from Digital Law Group:

So you bought a product online. Maybe it didn’t arrive. Maybe it didn’t work. Maybe it wasn’t what you bargained for. So you repeatedly called or emailed customer service and didn’t get a response and now you’re mad. …

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