You May Need an Intellectual Property Lawyer and Not Know It

Intellectual property includes creations that are unique and provide an economic benefit. Some examples of intellectual property include: • Designs • Inventions • Original written works • Trade secrets Protecting intellectual property is essential to business success, and different types of intellectual property are covered by different laws. Speak with an intellectual property attorney to find out how to preserve your economic interests by protecting your intellectual property. Patents If your business creates a product, process, or method that is unique and economically beneficial, you want to keep enjoying the competitive advantage that your product or process confers, and you can do so by patenting it. If you hold the patent to a product or method, you can stop others from using your process or making your invention for a certain number of years. Obtaining a patent is complex, and working with an intellectual property lawyer is highly advisable. Copyrights Copyrights provide protection for original musical, literary, and dramatic works, plus audio recordings, video recordings, and other types of creative works in a tangible medium. Using the copyright symbol should be standard practice for authors of creative works. You do not have to file for copyright protection, but doing so will make it easier to enforce your copyright should a legal challenge arise. Trademarks When you trademark your product, you prevent other businesses from selling something with the same name. For example, you cannot create a product and start calling it "Coca Cola." Trademark law protects you from unfair business practices and protects consumers from being deceived or confused. If your business sells a service rather than a product, you may obtain a servicemark instead of a trademark. An intellectual property attorney can help you register your trademark or servicemark. Software Patents and Copyrights Software is subject to both copyright and patent protection. Obtaining a patent for software is timely and expensive, but provides broader rights to the patent holder. Obtaining a copyright is easier, but the software protection under copyright law is narrower. Work with an attorney specializing in intellectual property to determine which course of action is best for your situation.

How Can a Franchise Lawyer Help Your Franchise Succeed?

A franchise is often the biggest investment a person makes, so it is critical that potential franchisees thoroughly research the franchise they're considering buying. Franchise law firms have experience in reviewing and interpreting Franchise Disclosure Documents (FDDs) and other associated documentation. Your lawyer should thoroughly review the FDD and the franchise agreement and should apprise you of any potential legal or business issues you should be aware of. Breach of Contract Cases If a franchisor fails to provide promised training or support, changes the business format, or invokes new requirements, the franchisor may be guilty of breach of contract. When this occurs, you may suffer any number of consequences as a franchisee. In some cases, breach of contract allows you to get out of the franchise agreement, or be awarded damages. An experienced franchise lawyer will help you determine the best way to proceed. Franchise Encroachment Cases If your franchisor invades your territory by, for example, placing new franchise units unreasonably close to yours, the franchisor may be guilt of encroachment. This practice is becoming more common, but depending on how your franchise agreement is structured and what is in your FDD, you may be able to stop your franchisor from encroaching or recover damages if encroachment has already occurred. Even if your franchise does not have a designated territory, you are entitled to protection against predatory encroachment. Fraud and Misrepresentation Cases Fraud is serious business, and if your franchisor did not deliver the franchise you thought you were buying, you could have a claim for fraud or misrepresentation. Franchisors may use claims of high profits to get you to buy a franchise, falsely tell you they have a proprietary product or service, or deliver a system that is different from what you thought you were buying. Franchise law firms pursue cases of franchisor fraud, and franchisees may recover damages from the franchisor and sometimes from its owners and officers. No matter the size of the franchise investment you're considering, investing in the help of an experienced franchise lawyer up front can mean the difference between business success and unforeseen and complex legal problems.

Make a Commercial Litigation Attorney Part of Your Long Term Business Plan

The Federal Trade Commission (FTC) regulates the sale of franchises in the United States. Franchisors have to furnish potential franchisees with a Franchise Disclosure Document, or FDD. This document contains information about the franchisor, the business, and the relationship between franchisor and franchisee. The FDD is the potential franchisee's most important document. A good commercial litigation lawyer knows how to interpret and review an FDD, helping franchisees make smart choices. Examples of Franchise Law Disputes Franchise law disputes routinely handled by top commercial litigation attorneys cover these and other areas of franchise law: • Sale of unregistered franchises • Trademark and copyright infringement • Registration and disclosure violations • Breach of contract • Franchise class action suits Having an experienced commercial litigation attorney on your side is absolutely essential to your success as a franchisee. Complex Business Litigation: Is There Any Other Kind? In the 21st century business environment there's almost no such thing as a simple and straightforward business litigation case. Often, cases that start out "simple" rapidly become complex due to factors like • Multiple defendants and / or plaintiffs • Legal issues in "gray areas" of the law • Potential large damages and commercial injury Make sure your commercial litigation lawyer doesn't shy away from complicated business litigation cases. He or she should have access to business specialists who are able to put their experience to work for you and work tirelessly for the best possible outcome for you, the client. Trademark and Intellectual Property Law Trademark and intellectual property law is only expected to grow more prominent as the information age progresses. Business litigation lawyers with experience in trademark and copyright cases are invaluable as you help your business grow in the 21st century. Licensing and Distribution Disputes Closely related to trademark and intellectual property law, licensing and development law addresses development and documentation for licensing products as well as intangible property rights. Any type of business can find itself in the midst of a licensing or distribution dispute, and experienced legal counsel is essential to successfully settling the matter.