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…

Selling a Trademark

Selling a Trademark

A person obtains a trademark when: 1) the mark is capable of being trademarked 2) the person is the first to use the mark in any market on a good or service. 3) A person maintains a trademark by continuous use. What Is There to Sell? A person does not have to register a trademark…

Trademark Basics: Use of Trademarks and Violations

Trademark Basics: Use of Trademarks and Violations

A trademark is a mark used to indicate the source of a good or service. The Benefits of Trademarks Most companies use similar marks on all their products to indicate the company name, among other things. If a company can establish a good reputation it will be likely that a person will consider using all…

Choosing Your Trademark

Choosing Your Trademark

Trademarks are a valuable part of a business. Trademarks indicate the source of a good or product. A company producing a reputable good or service, marked by a trademark, is likely to create a feeling of trust by consumers whenever consumers see that mark. The opposite is also true. Owners of reputable companies using trademarks…

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….

Your Legal Duties Serving on a Nonprofit Board of Directors

Your Legal Duties Serving on a Nonprofit Board of Directors

This article explains the legal responsibilities of those serving on the board of directors of a Minnesota nonprofit organization. Introduction It is an honor to be asked to serve on a board of directors for a Minnesota nonprofit organization. Unfortunately, many people accept appointment or election to a board of directors without realizing what is…

Minnesota Business Lawyer: Self-Dealing Officers and Directors

Minnesota Business Lawyer: Self-Dealing Officers and Directors

Officers and Directors of closely-held corporations are held to a higher standard than many other people. Shareholders in a closely-held corporation are held to a higher standard sometimes also. Shareholders in a publicly-traded corporation are not held to the same standard as those in closely-held corporations. Fiduciary Duties Officers and Directors owe duties that we…

What Are the Basic Elements of a Contract?

What Are the Basic Elements of a Contract?

All contracts contain three basic elements: offer, acceptance, and consideration. Consideration is what each side gives up in exchange for the benefit that he or she is receiving. Sometimes this is money, doing something for someone, or refraining from doing something. Forming a Contract May Take Time and Negotiation Offers may be accepted or rejected….

Explanation of Fiduciary Relationionships in Businesses

Explanation of Fiduciary Relationionships in Businesses

Fiduciary duties are legal obligations owed by fiduciaries. A person is a fiduciary if the law imposes on that person a duty of good faith, trust, confidence, candor, loyalty, or care upon the person for the benefit of another person. A fiduciary only owes those duties to the other person within the fiduciary relationship. Examples…

Fiduciary Obligations of Shareholders and Owners | MN Business Attorney

Fiduciary Obligations of Shareholders and Owners | MN Business Attorney

Owners of closely-held corporations are obligated to act in certain ways with respect to the other owners. These obligations are often called “fiduciary duties.” Owners may be sued and liable for damages if they do not abide by these obligations. Closely-Held Business Owners Must Act with Integrity and Honesty toward Other Owners Minnesota closely-held businesses…

Common Questions After Forming a Minnesota LLC

Common Questions After Forming a Minnesota LLC

Many questions arise before you form your LLC. Additional questions will arise after you form your LLC. Those questions will include: Where do I keep my business’s money? What other licenses do I need? Do I have to file anything else with the Minnesota Secretary of State? What if I don’t want the business anymore?…

Minnesota Business Lawyer: Forming an LLC – Who, Where, and What?

Minnesota Business Lawyer: Forming an LLC – Who, Where, and What?

Frequently, many of the same basic questions arise when forming one’s own business in Minnesota. Answers to the three most common questions are below. Location of the Business – Can I Use My Home Office? Yes, you can use your home address for your business address. Must Your Business Have a Physical Address? Yes. If…

You've Been Wronged, but Were You also Wrong? Analysis of Dual Faults

You've Been Wronged, but Were You also Wrong? Analysis of Dual Faults

Negligence is acting, or failing to act, in the manner a reasonable person would under similar circumstances. Someone who acts negligently is liable for damages if someone is harmed by the negligent act, or failure to act. What if the person harmed also did something wrong? There are different types of dual, or joint faults…

Fiduciary Duties Officers and Directors Owe a Minnesota Corporation

Fiduciary Duties Officers and Directors Owe a Minnesota Corporation

In addition to the fiduciary duties owed by shareholders, fiduciary duties arise by holding a position of director or officer. A director is required, by statute in Minnesota, to discharge the duties of the position of director in good faith, in a manner the director reasonably believes to be in the best interests of the…

Minnesota Contracts: How to Create a Contract in Minnesota

Minnesota Contracts: How to Create a Contract in Minnesota

In this video, you get answers to these questions: How do you create a contract in Minnesota? Can you have an oral contract or does it have to be in writing? What provisions have to be in the contract? What three elements are involved in a contract? Contracts are agreements that are formed between or…

Minnesota Contracts: How to Negotiate a Minnesota Contract

Minnesota Contracts: How to Negotiate a Minnesota Contract

All Minnesota contracts contain three basic concepts: offer, acceptance, and consideration. Offer and acceptance mean exactly what you think they mean. Consideration is what each side gives up in exchange for the benefit that he or she is receiving. Sometimes this is payment of money, sometimes it is doing something the person is not obligated…