05/05/2023
The results are in! Thank you for participating in our first ever Facebook Q&A! You asked, and attorney Ryan Zapalac answered. Of course, with anything in law, each situation is unique and requires further discussion with an attorney for a more detailed and personalized plan of action. The answers below do not constitute legal advice and should not be relied on in lieu of attorney representation. Take a look at what you wanted to know about business planning law:
1. "Should I copyright my business's name and designs?"
Business names can’t be copyrighted, though they can be trademarked (and eligibility for a trademark is more complicated than it sounds, though it could be worth it). Jewelry designs, on the other hand, can be copyrighted as individual designs or as entire “collections.” Formal copyright allows you to sue someone for copyright infringement, and the public nature of your copyright registration serves as proof of validity. There are more pros than cons to protecting your designs, logos, and branding, but the viability of copyright/trademark eligibility depends on your specific business.
2. "My old job just opened a suite next to mine in the same building. I signed a non-compete contract. However, I was here first. Can I get into trouble, or can I take them to court for breaking it?"
While the ultimate decision regarding violation of a noncompete would be up to a judge/jury, it does not seem reasonable to enforce a noncompete agreement if the former employer (who is the beneficiary of the noncompete clause) is the one who moved geographically closer to the burdened party. A civil litigation attorney would better know whether suit can be brought against the employer for violating the noncompete (and could better describe your possible defenses, if sued), but our hunch is that you cannot reasonably be held liable for a violation if it was the other party who moved closer.
3. "What is the most important section most often left out of a partnership contract?"
When I review partnership agreements that are from online templates or simply written from scratch, one major component that is often missing (or just poorly drafted) is the dissolution section. When does the partnership terminate? Who will handle the payment of debts? Who will notify creditors or customers? Poor or missing dissolution provisions can be extremely damaging and cause a lot of stress at the midnight hour of the business.
Give Zapalac Law Firm a call at 832-390-2949 if your business needs an attorney.