How to determine a settlement amount in a trademark case

The value of the mark depends on your/their use of it and what rights you are willing to part with. For instance, assigning all of your rights to...

Are there any legal restrictions to developing and selling a new clothing product using Velcro technology?

You should start by distinguishing between “Velcro," which is a trademarked brand, and the hook-and-loop design the company originally patented. I...

Do I have to change the business names?

Whether or not you are infringing depends on whether the other party has a protected mark and the likelihood of confusion between your...

Am I in breach of contract due to non-compete clause if the other party has had significant delays in payment for 1+ yr?

Non-compete and non-solicitation clauses are generally invalid in California. D'Sa v. Playhut, Inc. (2000) 85 Cal.App.4th 927. Courts reason that...

When a settlement agreement is made in court on the record, is the resulting order automatically enforceable per CCP 664.6?

CCP 664.6 provides that "the court may retain jurisdiction over the parties to enforce the settlement" if "requested by the parties." Usually the...

Is there a legal contract to protect the free work/ideas I did for a pre-seed startup if the company uses them and succeeds?

You have a copyright in your work as soon as it is "fixed in any tangible medium of expression.” 17 USC § 102. This includes protection for the...

Broadcast Music, Inc, or “BMI” is one of the music rights organizations that collects money on behalf of its members (songwriters, composers, and...

As noted here, non-compete and non-solicitation clauses are generally unenforceable and violate the Business and Professions Code. Those clauses...

What do I look for when buying an existing business?

Purchasing a business is a significant investment in terms of time and resources. A purchaser needs to review the company's books and conduct due...

Is it possible to draw up an agreement that will cover all the future work without specifying it?

You can draft it as an assignment (whereby copyright is transferred to you) or a work for hire agreement where the copyright automatically vests in...