Corporate dilemma

While a failure to follow corporate formalities (like annual shareholder and director meetings) and inadequate capitalization are grounds to...

Change of franchise name requirements

Actually there is more going on here than just what the franchise agreement says or doesn't say about changing your name. It's very likely the...

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Could a consulting service be interpreted as a fake franchise?

When you help someone start a business, it will usually fall under either franchise or business opportunity law. The last thing you want is being...

I am about to purchase a franchise that I will operate in PA and would like to know if I should form a LLC or S Corp.

The reason for forming an LLC or corporation is often said to be for safety reasons - to limit your personal liability. However, liability...

Employee classification vs. 1099

The EDD in California is especially sensitive to the employee - independent contractor issue. If there is ever a wage issue claim by any of your...

Does one have to stop using a trademark if registration on Supplemental Register is cancelled by TTAB or voluntarily cancelled?

There are many marks that cannot be federally-registered because they are weak (lacking secondary meaning) or merely descriptive. This doesn't...

Would I forefit a name if someone obtained a trademark for it, but I could prove I was using it before them, with no trademark?

There are different ways to create trademark rights. The weakest, common law, is merely using the mark to identify your goods, hopefully using "TM'...

I want to know if my non-compete is still binding?

As a starting point, to be enforceable noncompetes must be reasonable in time, geography and scope of prohibited activity. If the "employer" is...

Trademarking a brand after the registered symbol is already (erroneously) on the label.

The intentional, unauthorized use of the r with a circle, indicating a federally-registered mark, has consequences. It's not likely accidental use...

Business name issue please help!!

Anyone can get sued over anything. You have to balance the cost of defense with the chances and cost that you will ultimately prevail. From the...