Business Law Archive

Common Legal Issues in Advertising

Advertisers must clear all the common legal issues in advertising before launching an ad. Otherwise, regulation over false advertising claims and litigation over misuse of intellectual property can quickly consume the profits generated by the …

The Concept of Agency in Business Law

The clerk sells a bag full of groceries to the hassled mother. A car dealer lowers the price of the car he is selling a retiree. A moving truck carrying a households goods makes its way down …

Trademarks Patents and Intellectual Property

In the old days when communication, travel and acquiring knowledge were not within the easy access of ordinary citizens, it was pointless to talk about the protection of one’s rights when one invented or discovered …

Intellectual Property and Fair use Provisions

Intellectual property encompasses a rather broad categories of medias, including written media, recorded media, and inventions created by any individual or company, and refers to legal entitlements associated with each of these areas. In short, …

Common Legal Issues in Advertising

Back in the heyday of advertising, advertisers were able to get away with pretty much anything. There was little or no legal regulation on how a company promoted its products. There was no shortage of …

How to Make Money from Copyright

Copyright law presents a simple premise: that creators, artists, and authors should be rewarded economically for contributing to the marketplace of ideas. The system in place protecting copyright gives authors the exclusive ability to transfer …

Intellectual Property

Differentiating patent, trademark and copyright law is straightforward once you know the categories of creations each segment of law protects. Patent law protects inventions, trademark law protects commercial identities, and copyright law protects literary and …

When to consider getting a Patent

Patents are a tool used against the common man of intelligence! All intelligent men know that patents do not protect them. When you have invented something very useful or scientific, it is your duty to …

A Guide to United States Copyright Law

Copyright is the principle of law granting exclusive rights of use to any publishable work, or product, to its creator, who is known as the copyright holder. In the United States, the rights reserved to …

Why Competition Laws Exist

The purpose of anti-trust laws is to keep a healthy level of competition in the marketplace by discouraging monopolies and penalizing unfair business practises. In the United States, this aspect of commerce is governed by …

Getting a Patent for your Invention

Applying for a patent for your invention is a task that takes time, patience and attention to detail. Before you consider applying for a patent make sure you have kept good records of your progress. …

Differentiating Patent Trademark and Copyright

Patents, trademarks and copyrights are forms of intellectual property protected by federal law and international treaty. There are important differences among them, which may be summarized as follows: 1. Patents protect a novel, non-obvious idea …

Us Health Care Laws

When discussing the US health care laws, the recently implemented Patient Protection and Affordable Care Act (PPACA) of 2010 and the Health Care and Education Reconciliation Act of 2010 are the most important. The reason for its importance …

What is a Click Wrap Agreement License

As more and more products and services become available in digital form or on the Internet this has created a dilemma with traditional terms of use agreements. Click wrap agreements have become the popular method …

What can be Patented

The issue of what can and cannot be patented will never receive a clear answer, as the bounds of patentable subject matter continuously evolve and change. This article will attempt to summarize the current state …

Differentiating Patent Trademark and Copyright

Intellectual property is intangible. It is not fungible. Intellectual property law is therefore complex, varied, and often overwhelming. However, knowing how to distinguish the rights that attach to intangible property is important to anyone engaged …

Shareholder Departure Legal Issues

When a shareholder leaves a company, various issues can arise regarding the shareholder’s legal liability and obligations to the company, and how the shareholder’s stock in the company should be transferred. How these issues are …

A Definition of Nonobviousness in Patent Law

So you have invented something “useful” and “new.” Though both of those qualities are required, they are not sufficient to obtain a valid United States patent. In addition, your new invention must be “non-obvious.” See …

How Lawyers Discredit Witnesses

In a courtroom, usually, after the attorneys finish their opening statements, in which they tell the jurors what the evidence will prove, then the staging of the evidence starts. The presentation of evidence is mainly …

Small Business Trademarks Questions to ask

There are ten really important questions to know the answers to first before working with trademarks. This is important know-how for those new entrepreneurs looking to secure their logo, and or business concept, as their …

How and when to File a Class Action Lawsuit

A class-action lawsuit is an option when a large number of people have suffered essentially the same harm from the actions of a single defendant (or group of defendants). In such cases, instead of numerous …

Truckers and the Truth in Leasing Law

Those who own and drive their own “big rig” trucks are independent folks. They like to work for themselves. But when the economic climate is shaky, owner-operators can use the stability and steady work that …

Getting a Patent for your Invention

Do you want to know if your invention can or should be patented? Are you leery of patent search organizations running commercials in the middle of the night? Do you get the feeling that they …

What is the Employment non Discrimination Act

The Employment Non-Discrimination Act (ENDA) was written to extend protections from discrimination to people who are lesbian, gay, bisexual or transgender (LGBT). This would expand current Federal employment laws which already prohibit discrimination based on …

Cottage Industry Laws

In the U.S., all cottage industries are regulated by standard small business laws. Most states and counties also have their own cottage industry laws. Finally, the municipality and even your neighborhood association may have their …

What is a Trademark or Service Mark

Businesses create trademarks and service marks to symbolize their business through designs, words (phrases), pictures or logos which distinctly identify the goods or services of a company. Trade and service marks are a form of …

The Legal Issues Surrounding a Corporations Purpose

Many states have created a standardized document for forming a legal entity. These standardized forms were created partly to prevent lawyers from drafting and submitting extremely long incorporation documents and partly as a way to create ease of …

What is the Online Privacy Protection Act

The Online Protection Act, signed by Congress and Former President Bill Clinton on October 21, 1998 was to be enacted in April 2000 in response to a growing awareness of Internet marketing techniques that targeted …

About American Trademark Law

A trademark, according to the U.S. Patent and Trademarks Office, is a legal device which protects “words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and …

Understanding the Laws of Workplace Discrimination

Workplace discrimination is among the most insidious threats to American workers. A competent employee who does his job can find himself unemployed (or even unemployable) because of discriminatory employers, who dislike him for reasons unrelated …

Trucking Law Truth in Leasing

Legal information: Trucking law: Truth in Leasing The US trucking business sector is quite competitive, and a very important aspect of the US economy, involving the movement of goods and services from one state to …

What is an Intentional Tort

In case law, a tort is a civil wrong that may not be illegal but does lead to harm to someone else. It is when one person engages in an act or behavior that causes …

Attorneys Needed to Monitor Social Media

Social media has exploded in popularity in recent years. With the growth spurt, has come some issues that are affecting personal rights, privacy issues, liable statements, and many other legal issues. This is creating a …