Minnesota Confidentiality Agreements: What Are They?

Minnesota Confidentiality Agreements: What Are They?

All contracts are promises. People are free to enter into any contract they want as long as there are agreements on both sides, and neither promise violates a public policy or law. A contract will contain promises to act in a certain way or to refrain from acting in a certain way. Confidentiality agreements include…

Confidentiality Agreements: Should Businesses Require Employees and Other Contractors to Sign Confidentiality Agreements?

Confidentiality Agreements: Should Businesses Require Employees and Other Contractors to Sign Confidentiality Agreements?

Few people can run a business alone. Most business owners need the assistance of employees, vendors, and other independent contractors in order to run their businesses. However, the inclusion of other people in the affairs of a business necessarily includes others in the circle of people who know certain information about the business not generally…

Minnesota Non-Solicitation Agreements: What is a Non-Solicitation Agreement?

Minnesota Non-Solicitation Agreements: What is a Non-Solicitation Agreement?

Are you an employee being asked to sign a nonsolicitation agreement? Are you an employer thinking of requiring employees to sign nonsolicitation agreements in order to protect your business? An attorney can draft a nonsolicitation agreement for you, or help you understand the one in front of you, as well as negotiate the terms of…

Non-Solicitation Agreements: What is the Purpose of a Non-Solicitation Agreement?

Non-Solicitation Agreements: What is the Purpose of a Non-Solicitation Agreement?

A solicitation is defined as a request, an enticement, or an allurement. Non-solicitation agreements prohibit requesting, enticing, or alluring someone to do something. Contractual Agreements Not to Request, Entice, or Allure Non-solicitation agreements are used by many Minnesota businesses. A non-solicitation agreement is a contract. It may be one provision in a contract, or it…

Does a Copyright Have to be Registered to be Valid?

Does a Copyright Have to be Registered to be Valid?

A person who expresses an original idea has a copyright in the original idea. This gives the person the exclusive right to reproduce, sell, act out, or otherwise copy the expression. Allowing copyrighting encourages people to create and express new and original ideas without concern that someone else will steal away both the credit for…

Minnesota Bankruptcy: What are the Consequences of Filing for Bankruptcy?

Minnesota Bankruptcy: What are the Consequences of Filing for Bankruptcy?

Bankruptcy is intended to help good people out of bad situations. It can be frightening, daunting, and sometimes shameful, but it shouldn’t be. We are living in a time when the economy has recently bottomed out leaving many, many people faced with multiple creditors, endless collection calls, and no way to repay loans. If you…

Minnesota Bankruptcy: Filing Bankruptcy May Help You – And You're Not Alone

Minnesota Bankruptcy: Filing Bankruptcy May Help You – And You're Not Alone

Ordinary people file for bankruptcy. Let’s face it, the economy is not currently strong and it has been a severe lows in the recent past.This has caused many, many people to find themselves swamped in debts that will consume them before they are ever able to repay all the debt. This is the purpose of…

Is it Necessary to Register a Copyright?

Is it Necessary to Register a Copyright?

Copyrights perform an important function in our society. Copyrights encourage creators to share their creations. Copyrights do not apply to ideas alone, they apply to the original expression of ideas. A person who creates an original work has a copyright in that work. A copyright gives the owner the exclusive right to the reproduction of…

Minneapolis Bankruptcy: Benefits and Consequences of Filing for Bankruptcy

Minneapolis Bankruptcy: Benefits and Consequences of Filing for Bankruptcy

Are creditors calling relentlessly? Do your monthly bills for past debt far exceed your monthly ability to pay? Do you lay awake at night trying to figure out what to do? Are you among the many individuals considering bankruptcy in this economy? Who Files for Bankruptcy? If you are considering bankruptcy, you have debts you…

Minneapolis Bankrupcy: Who Should File Bankruptcy and What Debts Will Go Away?

Minneapolis Bankrupcy: Who Should File Bankruptcy and What Debts Will Go Away?

No one hopes to file bankruptcy. No one enjoys it. Filing for bankruptcy is a very personal decision. But filing for bankruptcy is not the end of the world. Bankruptcy laws are intended to help people, not harm them. There are, of course, consequences to filing bankruptcy, but there are also many benefits. If the…

What is Protected by a Copyright?

What is Protected by a Copyright?

A Copyright prevents others from using certain creative works. Copyrights are established to protect creative works from being copied. The Protection of a Copyright A copyright gives the owner of the copyright the exclusive rights to whatever is copyrighted. This means that the owner is the only person permitted to make copies, give out, sell,…

Allegations of Copyright Infringement and Defenses

Allegations of Copyright Infringement and Defenses

Copyright Symbols by Mike Seyfang When someone copies a copyrighted work, the holder of the copyright accuses the copier of copyright infringement. Sometimes the holder of the copyright will make a demand that the other stop copying the material. Sometimes this demand to cease copying will include a demand for the payment of damages. “Damages”…

What Happens If I Violate the Rights of Someone Who Has a Copyright?

What Happens If I Violate the Rights of Someone Who Has a Copyright?

A person with a copyright who prevails in a copyright infringement lawsuit is entitled to damages. Damages may either be the plaintiff’s actual damages in addition to the defendant’s profits from infringing, or if the plaintiff prefers, damages allowed by statute. Actual Damages Actual damages could include profits the plaintiff lost due to the defendant’s…

Consequences of Trademark Infringement in MN

Consequences of Trademark Infringement in MN

Before understanding the consequences of trademark infringement, it is helpful to understand the purpose of trademarks. The benefit of obtaining a trademark is that it grants an exclusive right to the owner of the trademark to use that mark in the marketplace. Having an exclusive right also grants a person the right to prevent others…

Copyrights FAQ

Copyrights FAQ

What does a copyright protect? Ideas may not be copyrighted, even if original. However, the expression of original ideas may be copyrighted. There are a number of consequences for infringing on another person’s copyright. Reason for Copyrights The purpose of copyrights is to incentivize individuals to create new works or new expressions of ideas. A…

Minnesota Trademark Infringement Defenses

Minnesota Trademark Infringement Defenses

Defenses to trademark infringement allegations include: the trademark is invalid, the trademark has been abandoned, or the mark is not distinctive. A registered trademark is invalid if the registration of the trademark or the incontestable right to use the trademark was obtained fraudulently. A trademark, whether registered or unregistered, is invalid if the mark has…

The Harm Caused by Trademark Infringement & Available Remedies

The Harm Caused by Trademark Infringement & Available Remedies

Trademarks are a valuable part of business today. Trademarks inform the world of the source of a product or service. We consider trademarks daily in our consumer needs. Scandals arise in the news about companies and then those companies expend great efforts to reestablish their reputations. This is because once their reputations are damaged, fewer…

Is My Trademark Too Similar to an Existing Trademark?

Is My Trademark Too Similar to an Existing Trademark?

Trademarks protect the originator of a particular mark from its use by others. Goods and services may be trademarked. Once something is trademarked, only the person with the trademarks may use that mark. Others may not. Additionally, others may not use a mark so similar to an existing trademark that the new mark could be…

Maintaining Trademark Registration: How to Maintain Trademark Registration

Maintaining Trademark Registration: How to Maintain Trademark Registration

Begin with Registration There are benefits to registering a trademark. Those benefits are largely obtaining a presumption that you own exclusive rights to that mark. In a lawsuit for trademark infringement, the holder of a registered trademark does not need to prove that the registered trademark is valid. The person challenging the validity must prove…

Trademark Law Basics | Protect Intellectual Property Using Trademarks

Trademark Law Basics | Protect Intellectual Property Using Trademarks

What is a Trademark? Trademarks are used to gain recognition by the public, or a subsection of the public, of a particular good or service when a person comes into contact with the trademark. A trademark is a word, name, symbol, device, or combination of these that indicates the source of a good or service….