Categories
Nonprofits

What is a 501(c)(3) Nonprofit?

Creating a nonprofit organization can be an incredibly rewarding experience. But, it may surprise you to learn that not all nonprofits are treated the same when it comes to taxes. This is important because you want to make sure that your organization can maximize the resources available to support its mission. 

Now, if you’ve formed one of these organizations in the past or have donated to a charitable cause, you likely have come across the term “501(c)(3) organization”. This simply means that the nonprofit has been granted tax-exempt status from the IRS, and is eligible to receive important benefits not available to other businesses.   

Categories
Small Business

What California Employers Should Know about Employment Contracts

Like many things in life, business relationships are full of uncertainty. If you hire an employee, there is always the chance that he or she will quit or go to work for a competitor business. By the same token, from an employee’s standpoint, market conditions can always change and you may be forced to terminate the worker’s employment. Further, you may have expectations for how you want the work to be performed, and an employee may come in with expectations about how they wish to be managed.

To help clear up some of this confusion, companies often enter into employment contracts with their employees. However, as a business owner, you should be aware that the state is considered “employee friendly.” As business lawyers in California know and will advise you on, there are many restrictions on what can be contained in employment contracts.

Categories
Trademarks

What is the Fair Use Defense to Trademark Infringement?

Trademark laws are in place to help prevent confusion among consumers. This means that, in most cases, no one is permitted to use your brand name to market a product or service. Doing so could result in a potential customer being unsure where the product came from, and perhaps even purchasing the wrong item by mistake.

However, you should be aware that there is an important “fair use” defense to trademark infringement that may apply in your case.

Categories
Trademarks

What is a Trademark?

Trademarks are one of the most valuable assets a business can own. They are a type of intellectual property that lets your customers know that a product or service is coming from you. In other words, a trademark is your brand. With that in mind, below is a brief overview that should help answer some common questions you may have. 

Categories
Small Business

Why Should I Care About Limiting Liability?

As a business owner, your focus is likely on how to make sure things go right. However, sometimes the unexpected happens, so it can be helpful to have certain protections in place to make sure that your organization not only survives but thrives.

That said, you may have come across the term “limiting liability” and wondered how this relates to your business. Generally speaking, liability refers to the person or entity that is responsible for a debt. 

Categories
Trademarks

Do Trademarks Expire?

Done correctly, trademarks are like diamonds – they last forever. But, this is only true if you register the mark at the federal level, and keep up with all of the necessary maintenance requirements. 

Now, if you want to continue to have federal protection, you must use and renew the mark. The United States Patent and Trademark Office (USPTO) will send you renewal email reminders, so it’s important not to ignore these.

Categories
Trademarks

What Startups Need to Know About Trademarks

One of the first big decisions for any startup is picking a company name, logo, or slogan, all of which may be trademarked. Simply put, a trademark is what your customers use to recognize your business and distinguish it from other businesses.

Categories
Estate Planning

Do I Need a Living Trust in California?

Having a solid estate plan in place helps ensure that your property is distributed according to your wishes after you pass away. A living trust can be an integral part of this plan, but it must be formed according to California law in order to take advantage of its many benefits. 

Categories
Estate Planning

Guardianship: Who Will Take Care of My Children After I Die?

Wills are often thought of as a way to control where our property goes after we die. While this is correct, these documents can do much more than that. If you have any minor children, a will can determine how they will be cared for in the event of your passing. 

Categories
Estate Planning

How to Make a Valid Will in California

A will is an important part of making sure that your property is distributed according to your wishes after you pass away. While the rules regarding these instruments are fairly straightforward, each state has certain nuances that you should be aware of.

This is important because failure to follow these rules could result in your will being declared invalid. For that reason, it’s always good practice to reach out to an attorney for assistance in drafting these documents.