Articles Posted in Intellectual Property

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AdobeStock_137947323-300x200Many Texas businesses used an assumed name or alias, also known as “doing business as” or DBA. For example, let’s say that a woman named Rebecca Franklin decides to open a bakery. She elects to run her business as a sole proprietorship, meaning she does not create a separate legal entity to run her business.

By default, Texas law assumes that Rebecca does business under her name, i.e., “Rebecca Franklin.” Since she may instead wish to have a brand name that sounds more professional, Rebecca files a DBA to use the alias “Rebecca’s Bakery” as an alias for the business. Keep in mind that Rebecca is still a sole proprietor. The DBA name is simply an alias tied to that sole proprietorship.

Texas does not restrict assumed names to sole proprietors, however. Any person or legal entity conducting business in the state may use a DBA. But certain procedures must be followed. The experienced Texas start-ups and financial lawyers at Structure Law Group can advise you on the best legal practices for naming your business and ensuring your startup is branded correctly to compete in the market.

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AdobeStock_1539065348-300x200Every Texas business must take essential steps to protect and enforce its intellectual property rights, with trademarks and service marks being among the most critical. These marks represent your company’s brand and reputation to the world. The Austin intellectual property lawyers at Structure Law Group are here to ensure your marks are properly registered and effectively protected.

How Trademarks and Service Marks Work

A trademark or service mark is any combination of words, phrases, symbols, or designs used to identify a good or service. (A trademark refers to a good, while a service mark refers to a service.) These marks serve several critical functions, including identifying the source of the good or service and providing consumer protection against counterfeiting. However, it is important to understand that a mark does not mean that you “own” a word, phrase, or symbol. Rather, you have the right to use the mark in connection with your company’s specific goods or services.

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AdobeStock_647582173-300x200When two parties enter into an intellectual property licensing (IP) agreement, it is not uncommon for disputes to arise regarding licensees using IP outside the scope of a license agreement. Such cases can result in IP litigation that can be extremely costly, and anybody with a possible IP dispute should quickly seek the help of a Texas intellectual property lawyer.

One of the major questions many people struggle to answer is whether a violation constitutes a breach of a license agreement, infringement of IP rights, or license infringement. A licensing agreement typically outlines the terms and conditions for the use of IP as well as the compensation a licensor will receive from a licensee, and a licensee who fails to follow the terms of the contract can allow a licensor to hold the licensee accountable.

Types of Licensing Agreement Violations

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AdobeStock_714509522-300x200An intellectual property licensing agreement allows a person to retain ownership of a patent, trademark, or copyright but gives another party permission to use some or all of their intellectual property rights for a specific amount of time for a fee or royalty. Intellectual property contracts usually specify termination dates and procedures, and any person trying to craft an intellectual property agreement will want to be working with an Texas intellectual property lawyer.

After you secure your intellectual property rights, it can be more convenient or valuable to let somebody else use the rights in exchange for a fee. Such logic is exactly why intellectual property agreements and contracts exist, but the documents can be complex and may require intensive negotiations.

Key Intellectual Property Licensing Terminology

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AdobeStock_390212429-300x200Intellectual property theft costs businesses billions each year. If you believe that someone is misusing your patent, copyright, or trademark, you need to act quickly to protect your interests. The California intellectual property attorneys at Structure Law Group, LLP discuss how to respond to IP theft issues.

Types of intellectual property

Companies have legal protection over patented designs or processes, trademarks, and copyrights. Trade secrets are something else entirely. Theft of patents, trademarks, or copyrights can result in lawsuits against other companies or individuals.

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AdobeStock_196855233-300x200When any party is in the process of merging or acquiring another company, due diligence is absolutely necessary, and many recent mergers and acquisitions (M&As) cases have demonstrated the importance of conducting thorough due diligence reviews or evaluations. When you are in the process of buying another company, you will want to be sure you seek the help of a Texas business lawyer.

Due diligence activities in any M&A transaction can be very expansive, and the costs of conducting due diligence reviews or evaluations are often justified because performing this work typically means companies can avoid the significant costs associated with not performing due diligence. There are five major issues all due diligence reviews should be sure to focus on.

Target Company Overview

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AdobeStock_427349372-300x147Here in San Jose, intellectual property (IP) is the most valuable asset many companies own. Individuals, too, have IP rights that must be protected. The San Jose intellectual property attorneys at Structure Law Group, LLP help businesses and individuals protect their intellectual property. The United States Patent and Trademark Office (USPTO) recognizes different tools that can be used to protect different types of IP. Keep reading to learn more about the four  distinct types of intellectual property that are recognized by law.

Patents

According to the USPTO, patents are an IP tool used to protect technical inventions. These technical inventions can be chemical compositions, mechanical processes, or machine designs. When a technical invention is protected with a patent, the patent holder may prevent others from using the invention in any way without their permission.

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AdobeStock_114356861-300x200The term “startup” refers to a company in the initial stages of its operations, usually founded by one or more entrepreneurs aiming to develop a product or service, while having high costs and limited revenue. The first thing any startup founder will need to do is hire experienced Austin startup attorneys for assistance navigating the many challenges that will arise in the early stages of operations.

You will want to have a lawyer working with you early on because it will save you a lot on costs on the frontend, ensure the entity is properly formed and maintained, and establish an effective legal strategy as operations evolve. Make sure you are working with an attorney who understands the complexity of laws relating to startups and the relevant industry.

Early Startup Challenges

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AdobeStock_398358954-300x200Most businesses in California have confidential and valuable information to protect. Ensuring its protection is often a vital priority. In the ordinary course of business, companies will enter into numerous consulting agreements, service agreements and strategic alliances. These agreements are best made with the advice of a Los Angeles employment attorney who can help protect proprietary information by drafting enforceable non-disclosure agreements.

NDAs and best practices

The proper use of NDAs and noncompete clauses is to protect your company’s valuable proprietary information. NDAs can be used to safeguard trade secrets, and this is their preferred mode of operation. Nonetheless, if your company wants to protect trade secrets, you must show that you made some effort to protect those secrets. Informing hires that they will have access to proprietary trade secrets and signing an agreement not to divulge those trade secrets makes the effort enforceable and shows your company took measures to protect their intellectual property.

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AdobeStock_507078931-300x169In the twenty-first century, information is power. Businesses are facing unprecedented challenges in the race to create, maintain and protect information. These challenges have become painfully obvious in recent years. Business owners have had to move their operations to an entirely remote format while still maintaining cybersecurity. Cybersecurity has been breached in multiple brazen attacks against some of the country’s largest companies. Information security can no longer be taken for granted by any successful business. The key to success starts with the right human infrastructure within your organization. The right Chief Information Officer can protect your company’s confidential client information, intellectual property, and trade secrets to prevent the legal liability and bad publicity that comes with a data breach.

How Corporate Information Changed During the COVID-19 Pandemic

The global economy has become increasingly interconnected in the early twenty-first. Business moved online as companies have expanded their reach across the world. For most companies, however, these online operations were merely supplemental to a workforce that primarily operated in person. All of that changed with the coronavirus pandemic. Suddenly, businesses were forced to move their operations entirely online if they wanted to survive. Data had to be secured to allow employees to work remotely via Zoom, Skype, WebEx, Facetime, and other video conferencing services. Two+ years into the pandemic, it seems clear that remote work will become more and more popular in the years to come. Businesses must find a way to facilitate this major change while ensuring the security of their data.

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