The Legal Side of Franchising in Texas
When you’ve decided to start a franchise business, you may face several legal issues, beginning with applying for a franchise, negotiating a franchise agreement, and operating the franchise. An experienced Austin business attorney can guide you through the legal side of franchising in Texas to protect your interests and ensure...
Top 10 Contract Mistakes Small Businesses Often Make
Small businesses need contracts to manage operations and relationships with customers, suppliers, contractors, and employees. However, mistakes during contract negotiations or during the contractual relationship can lead to potentially expensive legal disputes for your small business.
Common Contract Mistakes of Small BusinessesTen of the...
Navigating Patent Infringement Claims
When a patent owner believes that someone is infringing on their intellectual property, they will file a patent infringement claim in federal court. The court will decide if the product in question is similar enough to the patented product to constitute patent infringement.
What Rights Does a Patent...
Understanding Non-Compete Agreements in Texas
Many employers expect their employees to sign a non-compete agreement as a condition of employment. Are these agreements enforceable under Texas law? That depends on whether the terms of the agreement are reasonable or overly restrictive. Texas courts have shown reluctance to enforce agreements that stifle competition or make it difficult for...
Copyright vs. Trademark: Knowing Your Rights In Intellectual Property
Understanding the distinction between copyright and trademark in Texas is crucial for individuals and businesses. Copyright protects original works of authorship, such as books, music, and software, granting the creator exclusive rights to use and distribute the work. In contrast, a trademark safeguards symbols, names, and slogans used in commerce to identify...
How To Choose A Business Location
Starting a business in Texas is a venture that comes with a mixture of excitement and strategic planning. Since Texas is known for its strong economy and business-friendly climate, it offers many opportunities for entrepreneurs. However, mapping out the journey from an initial idea to a thriving business requires careful consideration of...
What Is Patent Prosecution?
Patent prosecution in Texas involves securing a patent from the U.S. Patent and Trademark Office (USPTO) to protect an inventor's unique creation or idea. This legal process includes drafting and filing a patent application, responding to USPTO office actions, and working to overcome any rejections or objections. Given Texas's strong innovation culture,...
Drafting Effective ADR Clauses in Business Contracts
Understanding and using Alternative Dispute Resolution (ADR) clauses in business contracts is an effective tool because these clauses are designed to provide a mechanism for resolving disputes outside of traditional court litigation. These provisions can be particularly beneficial in Texas by offering a quicker, more cost-effective means of addressing conflicts arising in...
Common Trademark Mistakes And How To Avoid Them
Businesses in Texas often encounter several trademark issues that can significantly impact their operations. Common problems include unintentional infringement of existing trademarks, which can lead to costly legal disputes and potential rebranding. Businesses may also face challenges in securing trademark registrations due to their marks' uniqueness and distinctiveness requirements. Furthermore, the state's...
Understanding The Elements Of A Shareholder Agreement In Texas
Shareholder agreements in Texas govern the dynamics of shareholder interactions within a corporation. A shareholder agreement is not legally required in Texas, but it is critical to the smooth operation of a business. It is recommended for any entity with more than one shareholder. A formal agreement is even more crucial for...