Whether yours is a small business or huge corporation, there are two professionals that will benefit your company in more ways than you could imagine:  an accountant, and a skilled business attorney.  It’s fairly obvious why you would need an accountant, considering payroll, taxes, learning new software such as Quickbooks, setting up your chart of accounts and general ledger, and so on.  Why and when do you need a business lawyer?  From the very beginning, and for many reasons.

You hope it never happens, but as a business should you get sued and have no attorney on staff, it’s often a case of paying out a substantial amount of money (attorney fees, court costs, the amount of the actual settlement, etc.)  Also keep in mind that hiring a lawyer after the fact means you have legal counsel who is not familiar with your business, your contracts, agreements, intellectual property, etc.

Smaller law firms are less expensive, so it’s best not to choose a larger firm, right?  Not necessarily.  There are numerous advantages in hiring a reputable Los Angeles business law firm, one of the most important being:

Most larger firms offer all of the services you may need “under one roof,” so to speak such as those who specialize in business contracts and agreements, others in franchise law or mergers and acquisitions, others in intellectual property or technology law, etc.  Having all of the specialized areas of service you may need in one law firm saves you time and effort should something unexpected crop up.

Today, lawyers are becoming more specialized, much like doctors.  While you could hire a divorce attorney who also advertises his/her business specialties, it’s best to stick with a firm that focuses primarily on business and has on staff a team of skilled attorneys who have extensive experience and are dedicated to such things as contracts, organization of business (forming corporations, LLCs, etc.), intellectual property, labor and employment, and other areas that generally affect small and large businesses alike.

If yours is a new company just getting started in the Los Angeles or Beverly Hills area, or an established business without benefit of a highly regarded business lawyer to help ensure any legal issue doesn’t become a big (or nasty) issue, contact the trusted professionals at the Law Offices of Spotora & Associates.  We specialize in Legalease!

Property considered “intellectual” are those things you cannot physically see, such as copyrights, trade secrets, trademarks and patents.  As you can imagine, protecting property you cannot see can be a difficult task; in the U.S. state and federal laws are designed that protect these exclusive rights.  Whether you need a Los Angeles intellectual property lawyer to help you register a trademark or volume of copyrights, or because a trademark or other intellectual property has been infringed upon, it’s important you choose a capable and experienced attorney.

Below are a few tips for selecting an intellectual property attorney in Los Angeles:

Do you know someone who has used an intellectual property lawyer?  Ask if he or she would recommend that attorney, how the attorney handled the case and if the outcome was favorable, and about fees.  While you may feel the fees seem high, they often vary depending upon the circumstances, type of case, complexity, etc.

Search the internet.  Today, the internet is used to search for everything you can imagine from products and services to information.  Conduct a search using your location and the words “intellectual property lawyer,” or “intellectual property law firm” to find those in your area, then review their websites, whether it seems informative and the attorneys knowledgeable, testimonials of previous clients, etc.

Find out about the training and experience of the attorney you are considering.  Advanced knowledge of intellectual property law is important, more so than many other areas of law.  Ask plenty of questions about educational background, and how much prior experience the attorney has handling these types of cases.  Some of the information you can find online; if you cannot find the information you need, call the law firm and ask.

Interview the lawyer.  It may sound a bit strange or intimidating, but you are the one who will be paying for a service, therefore you need to know what you are getting before you spend your money.  Sit down with the attorney for a consultation, talk about your case (although you won’t go in-depth), see if you feel comfortable with the lawyer.  It is important that you feel confident about and comfortable with the Los Angeles intellectual property attorney you choose, as there may be many phone calls and conversations during the course of representation.

One word of warning:  if an attorney seems to be reluctant to discuss his or her qualifications or cannot give you an idea of their success on previous similar cases, move on.

The Law Offices of Spotora & Associates offer unsurpassed legal counsel to our clients.  When you have issues or need assistance with those “creations of the mind,” consult with our Los Angeles intellectual property attorneys who have an extensive background in this type of law.

Joint ventures are a type of partnership that allow two or more people or companies to accomplish business goals that neither can accomplish on their own.  Particularly popular in business ventures which are international, joint ventures are often created not for the overall scope or success of the businesses, but to complete one particular project.  A good example of this would be if one company takes on a local partner who has knowledge of and/or access to business connections overseas, and that company wants to invest overseas.  In most cases, companies that engage in a joint venture share in both profits and losses.

With a joint venture, it is not necessary to have a written agreement; most joint ventures are temporary.  However, it is to both companies’ advantage to have a comprehensive written agreement which covers such specifics as administrative responsibilities, percentage of ownership, shares of profits and losses, partner investments and the sharing and transfers of business assets.  In the case of international joint ventures, such obligations such as government regulations, import policies and foreign currency conversion should be addressed.  Other considerations for a written agreement include how disputes should be resolved, how long it is expected the venture will last, and termination of the venture.

What happens when their is no formal or written agreement in a joint venture?

Because it is not necessary to have a written agreement, the relationship between the two people or entities are typically governed by the state where the joint venture is incorporated.  The way profits are distributed will be governed under the laws of that state.  At the very least, a verbal agreement is made so that both parties agree to share profits and losses, contribute services, property, or money, and to own/manage the venture.

Fiduciary duties must be observed by JV partners

Even when fiduciary duties of loyalty and care are not mentioned in a JV written agreement, partners must observe these duties under state and federal business laws.  Simply stated, partners are required under the duty of care to make business decisions and execute those decisions with a reasonable amount of care.  Partners may share in joint venture profits, but either partner may not profit on his or her own at the expense of the venture.

As is evident, creating a joint venture is not a simple matter, and in fact is quite complex.  Additionally, each unique situation is different.  If you are considering a joint venture, it is in your best interest to consult with an established and trusted Los Angeles business attorney.

The Patent Law Treaties Implementation Act was passed by the U.S. House of Representatives on December 5th. The act was passed on September 22 of this year by the Senate, and once implemented will make the process of filing for certain design patents and industrial design around the world much more streamlined. Owners of U.S. design patents will also enjoy new benefits provided by the Act.

Legislation implemented in the Act includes two provisions which were signed by the U.S. in 1999 and ratified in 2007 by the U.S. Senate. These include the Patent Law Treaty, and the Geneva Act of the Hague Agreement Concerning International Registration of Industrial Designs.

The U.S. Introduction of the International Design Patent Application

Those who will be permitted to file international design applications with the USPTO upon the provisions of the Patent Law Treaties Implementation Act becoming effective include any individual who has a habitual residence, domicile, or real and effective commercial or industrial establishment in the U.S., or who is a United States national. The international design application may designate any of over 40 jurisdictions globally as well as the United States. Once reviewed for specific formalities, the application will be transmitted automatically to the jurisdictions designated; it will then proceed to registration and/or examination. International applications initially filed abroad by foreign applicants will also be permitted to designate the U.S. In either case, it will no longer be necessary for applicants to initiate filing and registration process through local patent counsel in jurisdictions which are outside of where the application was initially filed. As many as 100 designs may be submitted by applicants within one Hague application (however the current restriction practice would still apply to the U.S. application).

The Patent Law Treaty portions of the Act are intended for synchronization of various formal procedures related tot he patent prosecution process with foreign countries. Issues such as the restoration of priority rights, requirements necessary to obtain a U.S. filing date and other formal items are relevant provisions addressed in the Act.

Other notable provisions of the Act include the extension of the term of granted design patents from 14 to 15 years for new design patent applications filed after the Act has taken effect. In addition, under U.S. law the publication of an international design registration designating the U.S. will be treated as a publication. Essentially, this provides the possibility of securing pre-issuance damages for certain United States design patents infringement.

Implications

U.S. and foreign applicants will have the opportunity to substantially streamline the process of filing for design patent/industrial design for numerous countries once the provisions of the Patent Law Treaties Implementation Act fully take effect. This means that potentially, prosecution costs for overall design will be reduced around the world.

Patents, copyrights and trademarks are all legal terms which describe intellectual property; however, a trademark identifies and/or distinguishes services and products in the marketplace, and is usually a symbol, design, word, phrase or other device, typically synonymous with brand name.  At its most basic, a trademark is used to prevent unfair competition.

We’ve all seen instances in which a company uses a symbol or name that is so similar to a well known brand name that it can be confused.  This is what a trademark protects against.  Essentially, trademark law protects your business so that competitors cannot steal your identity or use symbols so close to your own that it could be mistaken by your customers or clients.

Trademarks work to protect your business and its assets

Most people wouldn’t dream of going without health or homeowners insurance; this is protection you need in the event something unexpected happens.  The same should be true of your business and its assets.  Registering a trademark adds protection for your company name, or a product/service name.  You can have a trademark without registering it, but there are advantages of registration.

What are the advantages of registering a trademark?

Trademarks on the United States Patent and Trademark Office (USPTO) enjoy protection that is substantially stronger than trademarks that are not registered.  It is certainly not mandatory that you register a trademark, but highly recommended should a competitor try to infringe upon your company name, brand, products or services.

By registering your trademark, you ensure legal exclusivity, meaning yours is the only company that can use your logo, name, etc.  No owner of a legitimate business with a strong, recognizable brand wants to be the recipient of a “cease and desist” letter from an attorney.  This could be a costly nightmare for a successful business.

A registered trademark is different from an unregistered trademark in that instead of having protection only in the specific regions in which you trade, you have nationwide protection.  Also, expanding your business to the overseas market becomes easier.  A registered trademark makes your business more legitimate and enticing to other countries, making it easier to obtain rights.

Registering your trademark also makes licensing the use of your trademark to franchisees, manufacturers, distributors and others easier and more secure.

There are many other advantages of registering your trademark, and the decision is up to you.  However, a registered trademark is protection for your business and brand, something every business owner should consider.