Archive for December, 2011

Selling, Buying, and Everything Between With Businesses

Tuesday, December 27th, 2011

There comes a time in most small business owners’ lives when they reach the point of being tired of running their business. If they have no one to hand their business down to such as a brother, daughter, son, niece, or nephew, they may look into selling their small business. As one may suspect, there are many legal precautions that have to be taken when selling one’s business, and if done correctly, the sell can prove very profitable to the business’ former owner.

The first step that has to be taken is finding a buyer. Once a buyer for the business has been found, the legal sell of the business actually then begins to take place. Your lawyers and yourself should then consider the possibility of creating an “earn-out” agreement. With this form of agreement it usually sets the standard of a minimum price that is agreed upon by the buyer.  From their, the company can then receive future payments from the buyer that will inevitably increase many various aspects within the company.

As assumed the seller will be the beneficiary of a “sell-out” agreement or settlement. This agreement usually has a lower starting price that attracts many buyers, which can be later inflated as needed. If selling a business, an individual or company is advised to contact a lawyer, or legal consul so that they can review and advise your business buyout, contracts, and examine carefully a companies sell-out agreement; and increase the positive aspects for selling your business while still allowing the to buy the company that if different could not possibly buy the business due to overall expenses that can be inferred.

Every company sell-out, merger, or partner-sell of a business must be handled carefully from start to finish to ensure all parties associated are getting the finishing products that are expected at the start.  If selling a company, it is always advised that an individual should make sure that their the earn-out agreement covers all aspects of a business and is clearly seen through all legal documents associated with it.  Buyers can be viewed the same and should take the necessary precautions in order to make sure that the final product they thought they were signing on to is truly what they got, and if not what will be done in place of it. With the right procedural precautions, buying or selling a business can be done quickly and efficiently. It is all about taking the time to do it right, and do it thorough.

In this day in age you need an individual you can count on, and at the Law Offices of Thomas D. Reino you get what you see. For more information on business law, or to get business law legal council please contact us by either phone at 817.303.2133, or by fax at 972.264.0891.

Trademark Infringement

Wednesday, December 14th, 2011

One legal issue that seems to be becoming more and more of a problem is trademark infringement. Businesses, and business owners are encroaching on the boundaries of infringement more than they ever have before, and this issue is now creating a chain of legal battles and lawyers who are ready defend someone’s trademark and the well being of that persons business.

If you have a business trademark that is not federally registered, and you see that someone or some business has infringed the rights of your trademark, you may have difficulty defending it. It is not impossible to win a trademark infringement lawsuit with a non-federally registered trademark, but it is difficult. It is definitely easier to defend your trademark if it is federally registered. So, go ahead and take the initiative to register your trademark federally, because if it is infringed upon, you will have an easier defense.

If you are seeking to defend a non-federally registered trademark, you need to seek at a knowledgeable and experienced attorney who has had success in that field. While your case may cost more and last longer than a case disputing a federally registered trademark, it will be more cost effective for you to get the best attorney because they will know how to run the case efficiently and cost effectively.

Also, if you are disputing a case that is over a federally registered trademark, it is still worth your while to seek an attorney who is also experienced in the field because you want the case to be over as swiftly as possible, and the luxury of getting your life, and business, back to normal.

To help prevent trademark infringement, anyone from small business owners to major cooperations should find an attorney to help secure their trademark and their intellectual property. If these steps are taken to secure the trademark in the beginning, a future lawsuit over the trademark will be very unlikely. So, it is wise to protect yourself and your business in the beginning rather than waiting for the bottom to fall out later.  Many business owners regret not taking precautions in the beginning because sometimes they wound up dearly paying for them later. If you seek out a good attorney in the beginning, he will inform you of contingencies you may come across, and then he will take the necessary steps to prevent them down the road. If you are wrestling with the “pros and cons” of getting an attorney, just know that the financial costs of preventing trademark infringement, will always be cheaper than paying for a lawyer to win back your trademark for you.

In this day in age you need an individual you can count on, and at the Law Offices of Thomas D. Reino you get what you see. For more information on business law, or to get business law legal council please contact us by either phone at 817.303.2133, or by fax at 972.264.0891.