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Category Archive for: ‘Business Law’

Protecting Trademark in a Business Name with Cease and Desist Letters

Trademark owners generally have exclusive rights to use their mark to label or identify their goods and/or services. Accordingly, trademark rights in a business name give the mark owner the right to use the name for commercial purposes, and to prevent competitors from using a “confusingly similar” mark. Protecting trademarks benefits mark owners and consumers, by discouraging imitators from labeling …

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Employee-Created Intellectual Property

Generally, “intellectual property” is any intangible property, such as knowledge of a process, a musical composition or a trademark associated with a product. There are typically four specific areas of intellectual property: patents, copyrights, trademarks and trade secrets. Since there is not actual “physical” property to possess, laws have been specifically created to protect ownership rights and interests in intellectual …

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Protection Offered by Non-Disclosure Agreements

Proprietary information, such as confidential business information, trade secrets, and intellectual property, may be worth millions of dollars. Public exposure or use by others may potentially dilute or destroy the value of such information. Nevertheless, at times, necessity requires businesses to reveal proprietary information to others. To ensure that the information revealed remains confidential and shielded from the public or …

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Scope of the Commerce Power and the Federal Arbitration Act

First enacted in 1925, the Federal Arbitration Act (FAA) was created as an alternative to the high costs and delays of litigation.  Up until that time, states were permitted to require disputants to litigate despite the existence of a signed agreement to arbitrate.  The introduction of the FAA, however, preempted such laws and implemented a policy that encouraged arbitration. Scope …

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UNCITRAL’s Model Law and International Commercial Arbitration

The United Nations Commission on International Trade Law (UNCITRAL) is the primary entity within the United Nations overseeing international trade law. One of UNCITRAL’s primary goals has been to prepare or promote: “the adoption of new international conventions, model laws and uniform laws and promoting the codification and wider acceptance of international trade terms, provisions, customs and practices, in collaboration, …

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Tax Issues Related to Contaminated Property

The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) imposes liability for the investigation and cleanup of contaminated real property without regard to whether the landowner created or allowed the original contamination of the site. In the 1990’s EPA officials began to refer to sites suspected of being only slightly contaminated, such as those used for light industrial …

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Employee Leasing to Limit Workers’ Compensation and Other Liability

Over the past several decades it has become increasingly expensive to hire and maintain employees.  A large part of the expense relates to government programs and reporting requirements, but accounting costs related to employees have also risen.  Small businesses have been especially hurt and have sought ways to reduce costs. One method of reducing costs has been to hire independent …

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