Category: Corporate & Business law
HELP!!! Someone trademarked my company name!!
August 17, 2017 | Carole Clark IsaksonYep. Before explaining how this happens, a little background information is needed. Every state has an office charged with registering businesses that wish to do business in the state. In Minnesota, that office is called the Secretary of State’s office (hereafter SOS) and registering businesses is one of many tasks it undertakes. The SOS will not permit a company to be formed that has the exact same name as an already registered company, and other rules apply in choosing a name. Once the name is registered, it is yours to use – doing business in Minnesota. It is not reserved for your use beyond the borders of the state. There is a common misconception that forming an entity at the state level somehow reserves the name in the same way that filing a trademark application with the United States Patent and Trademark Office (USPTO) does. It does not… in fact, on the USPTO website you will see the following caution: However, a state’s authorization to form a business with a particular name does not also give you trademark rights and other parties could later try to prevent your use of the business name if they believe a likelihood of confusion exists with their trademarks. Although a trademark is frequently a name (or logo)…
Read MoreLimited Liability Companies and a New Minnesota Statute
April 26, 2017 | Daniel D. Ganter, Jr.The Minnesota legislature has adopted a new statute governing limited liability companies, Minnesota Statutes Chapter 322C. On January 1, 2018, all 322B LLC’s will be automatically converted to 322C LLC’s. This conversion could result in significant inconsistencies in the LLC governing documents which could cause problems in the future. Therefore, we are advising all 322B LLC’s to amend their Articles of Organization and adopt Operating Agreements which would avoid any inconsistencies. If you would like more information, call Dan Ganter at 763-783-5127.
Read MoreHey Dad… about your car…
April 7, 2017 | Carole Clark IsaksonThe story I’m about to tell you is true. There I was, on a beautiful sunny day in 1983 driving through the Notre Dame student parking lot in my father’s beautiful sky blue 1969 Corvair convertible. What an understandably excellent mood I was in! And then…. Not. That great day was destroyed in an instant by a horrible crash and heavy scraping noise. I didn’t know what had happened, but I was fairly sure it wasn’t good, so I stopped the car, shut off the engine, and walked to the back (from whence the horrible noise had come). And there I saw it – the unexpected sight of the car engine ON THE GROUND!!! I had no plan in place for this sort of disaster, other than the “Call Dad” plan. And while it worked for me then in 1983, I currently recommend to clients that a somewhat broader and more detailed disaster recovery plan be developed. Does your business have one? I expect that as with many of my business clients, a customer or supplier has asked for you for a copy of your disaster recovery plan or your business continuity plan. The former is just what it says – how your business will cope with a disaster of various types. The…
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