Sm features include secure form pages with which our clients can transmit can transmit their information to us efficiently and confidentially. After a conflict check is conducted in order to protect against the possibility of conflicts of interest, we will provide you with individualized professional legal assistance with your trademark, copyright, or business formation matter off line. Fees are saved due to a reduction our time required for the intake of your information. Our revolutionary E-Patent Your Invention
Business Disputes
Mr. Machtinger is an experienced Intellectual Property Attorney, providing the following professional business law services with an emphasis on intellectual property matters...
Limited Liability Companies
The only entities which provide limited liability to owners (with respect to both tort and contract liability) are S Corporations, C Corporations, and Limited Liability Companies. Therefore, in the majority of cases, start-up businesses should consider one of these three entities.
Trade Secrets
Intellectual Property
Please understand that it is not customary in the Intellectual Property Law field to offer or accept compensation in exchange for the referral of a client. Furthermore, as this field of law is considered a specialty area of practice, and additional rules of conduct are set forth by the Code of Federal Regulations with respect to practice before the U.S. Patent and Trademark Office, "fee sharing" or "referral fee" arrangements are not permitted. Your referrals are greatly appreciated. It is our hope to establish a relationship with you in which we feel comfortable referring clients with needs in your area of practice to you. Your respect for our strict policy against offering or accepting referral fees is appreciated.
Unfair Competition
Domain name, the registrar of domain names determines whether the domain name is available. However, if the selected name differs only by one character from existing names, it will be allowed. It is vital to understand that neither acceptance by the Secretary of State of a business name, nor availability of a domain name, is any indication as to whether the use of the trade name or domain name could give rise to a cause of action by another under trademark or unfair competition law. For this reason, it is important to have a professional clearance search and analysis conducted before proceeding to use a trade name or domain name.
Do I need Insurance? In view of the limitations of the liability shield offered by corporations or limited liability companies, various types of insurance should be seriously considered and secured prior to commencement of business activities in order to further protect individuals and businesses. Policy requirements and details should be reviewed carefully. An insurance professional should be contacted to determine what types of insurance policies are appropriate. At least the following types of coverage should be considered: comprehensive general liability, product liability, directors' and officers' insurance, office or location contents, automobile, computer and equipment, employee dishonesty, health, professional liability, worker's compensation, fidelity bond, intellectual property infringement/enforcement, umbrella, and any other appropriate coverage.
Employment Contract
In general, confidential documents should be labeled, access to sensitive information should be restricted, background checks should be conducted on employees, security measures should be taken, and employment agreements should be used and should include proper confidentiality and non-compete clauses. Also, employees should be advised to abide by previous confidentiality agreements they have entered into with previous employers. Visit our Trade Secrets page on this web site for further information.
Non-compete Agreement
8. Have your attorney prepare an Employment Agreement: If your business plans include hiring employees, an employment agreement which spells out the details of the business relationship and makes the terms of employment clear should be used. Such an agreement should include provisions for the assignment of any intellectual property created during the course of employment, a confidentiality agreement for sensitive information and trade secrets, and an enforceable non-compete clause. Competent legal advice should be obtained in order to include clauses of these sorts which will be held valid and enforceable in a court of law.
Discuss liability and other matters with an attorney. Seek tax advice from a tax professional to assist in selecting the proper entity. Most start-up businesses will choose either an S corporation or a limited liability company after considering liability and tax matters, however, a C corporation should not be ruled out in view of several tax issues. Any of these three entities can be used by a single owner or by multiple owners.