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Trademarks

Trademarks and Domain Names

Building a successful brand is an important part of ensuring the long-term financial health of your business. We now live in a digital age which means that taking advantage of e-commerce opportunities can help you thrive even if you run a more traditional brick-and-mortar company.

With that in mind, if you are new to the process, you may have some confusion about what the terms “trademark” and “domain name” mean. Because both can greatly benefit an organization, we will explore the differences and similarities between the two in this post.

Now, while a trademark and a domain name may overlap, they are not exactly the same thing. Simply put, a domain name is a web address, while a trademark refers to the company brand. Trademarks are how a consumer can identify your goods and services and distinguish you from your competitors. Moreover, these marks provide legal protections that prevent others from using the name. 

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Trademarks

About Trademark Infringement

Creating a trademark for your business is an important part of effectively marketing your products or services. It’s what sets you apart from your your competitors, and can be the difference between success and failure. For that reason, the law gives you the exclusive right to use this mark, whether it be a name, symbol, word or slogan.

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Small Business

How to Keep Your California LLC in Good Standing

Creating a California LLC is an effective way to help you avoid personal liability for your company’s debts and other obligations. However, bear in mind that forming the business is only the first step in the process. There are ongoing requirements that you must follow. 

Now, failing to follow these rules may lead to your LLC being suspended or even dissolved by the state. This means that you would no longer be considered in “good standing”, which can have negative consequences for your business.

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Small Business

Piercing the Corporate Veil

Whether you are new to owning a company or are a seasoned entrepreneur, entering into contracts is a fundamental part of being in business. These agreements will vary in size and scope and can result in some obligation or debt being incurred by the company.

Now, in most cases, if you choose the appropriate structure for your organization (such as a corporation or LLC) you, as the owner, are shielded from liability in the event that the company cannot carry out its responsibilities. In other words, you would not ordinarily be on the hook for the resulting debts and legal obligations. 

However, it’s important to note that there are times when this protection can be stripped away. This is referred to as “piercing the corporate veil” and means that owners will be held personally financially liable for the debts of the business. 

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Small Business

Do I Need an Operating Agreement for My California LLC?

If you’ve recently formed an LLC, you should congratulate yourself on completing the important first step of choosing a business structure. However, keep in mind that there are additional items that should be on your checklist as part of the formation process. One of these is the operating agreement.

Note that California is one of the few states that legally requires LLCs to have an operating agreement. But, there are a number of benefits these documents provide even if you live in a location where they are not mandated by law. 

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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.   

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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.

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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.

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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. 

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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. 

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