When one party fails to uphold their half of a bargain, the other may end up seeking to enforce the agreement in court. One of the first things that will have to be established is the existence of a valid contract between them. A contract doesn't necessarily have to...
The definition of trade dress has changed over the years. Historically, products were “dressed” up to be sold. They would be put in a certain package, with a label, a display card and things of this nature. It can be an intellectual property violation if another...
A fiduciary duty can be owed by one person to another or to an organization in many different ways. An executive at a business has an obligation to act in the best interests of that business, for example. A lawyer or an accountant has a fiduciary duty to their...
A trade dress violation is an intellectual property issue because it can lead to consumer confusion. When a product goes to market, it has packaging, labeling and other distinct features that “dress it up” for sale. In the modern era, trade dress can also include...
Business litigation sometimes stems from alleged intellectual property (IP) violations, such as when one business uses branding elements similar to another one’s. That other company may argue that they are infringing on existing IP, perhaps intentionally. Often, the...
From an intellectual property standpoint, a new product must not infringe on IP held by anyone else. This prevents the creation of fraudulent products that copy existing designs, and it also helps to prevent consumer confusion. In addition to protecting consumers,...
Competitors copying your products is often an intellectual property violation. You may have exclusive rights to manufacture that product, but fakes and knockoffs are a constant threat and can have a major impact on your brand reputation and your overall sales. A...
You may need a variance for your commercial property if it is not in the correct zone, based on the way you would like to use that property for your business. Municipalities can divide different parcels of real estate into select groups of zones. These often start...
Small businesses count on people in their area being able to identify their brand, so they don’t want any confusion about that identity. Brand confusion is a situation that occurs when customers can’t clearly understand what a business has to offer and how it’s...
If you’re embroiled in a business dispute, the pressure to act quickly can be intense. It’s understandable, especially when there’s so much on the line, and every delay can feel like it’s making the problem worse. However, you shouldn’t rush to file a lawsuit or make...