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I own a greeting card company called Swank Paper Co., founded in 2023. A woman contacted me regarding a potential trademark infringement, as she owns a greeting card company named Morgan Swank Studio, which has been trademarked since 2021. She claims our company names are similar and could cause... View More 
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answered on Mar 12, 2025
This is a trade mark issue. Whether it's something you really need to worry about is questionable. There are plenty of options to resolve it, too.
I was the Chief Marketing Officer and a 25% owner of a company, with no prior written agreement about stock ownership after departure. I never saw or approved an SBA loan taken by the company. Since I was terminated a year ago and signed releases, my former partner is now asking me to sign a... View More
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answered on Mar 12, 2025
Given your situation, you're under no legal obligation to sign a personal guarantee for the SBA loan if you weren't involved in its original approval and signing. Personal guarantees generally require explicit consent at the time the loan is initiated, and cannot be retroactively imposed... View More
I have a business idea related to services that I believe is unique, but I'm concerned about protecting it from competitors who might have similar ideas. How can I ensure that my idea is safeguarded, and are there existing patents that I should be aware of?
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answered on Mar 12, 2025
That is a great question. To safeguard your idea and address potential concerns about existing patents, you can pursue two types of searches:
1. Patentability Search: This search assesses whether your idea is patentable by determining if it is new and non-obvious compared to existing prior... View More
As the Executive Director of a nonprofit based in Los Angeles, California, I'm seeking legal advice on creating a special board designation for our two founders who have been with the organization for 40 years. They wish to retain voting rights but will not have other responsibilities. We are... View More
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answered on Mar 12, 2025
In California, nonprofits have significant flexibility in creating honorary board designations, provided you comply with your organization's bylaws and the California Corporations Code. You can create a special designation honoring your founders' long-standing contributions while allowing... View More
I'm an employee in the bail bonding industry, and I'm considering starting my own business. However, I am bound by a non-compete agreement with my current employer, which restricts me for 2 years. I'm concerned about how it may affect my plans. Additionally, can the non-compete be... View More
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answered on Mar 11, 2025
Probably not as a breach of one term of a contract rarely vitiates the entire contract. If you go into business, expect to be sued and defend yourself.
I am part of a family-owned LLC that is selling a commercial property and carrying a loan for the buyer. The loan agreement was set up by a service. I'm concerned if this transaction is legitimate or if there might be a better way to handle it. Are there specific legal considerations or... View More
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answered on Mar 12, 2025
When selling a commercial property through your family-owned LLC and carrying the loan yourself, you need to carefully review several legal considerations. First, confirm that your loan agreement clearly outlines repayment terms, interest rates, default conditions, and the specific rights and... View More
I am seeking a lawyer to assist with contracts and legal opinions for my LLC, particularly concerning equity arrangements until we secure an investor or launch our exclusive coffee club this September. We are almost out of cash but offer dividend-paying equity until then. We will continue to use... View More
I am experiencing issues with registering a virtual address, which is linked to my EIN, with a fintech bank—it only accepts my home address for both personal and business transactions. My business is an LLC formed by a registered agent, and my EIN is registered under my business address. How can... View More
I signed a contract with another party to open a business, and the business license is in my name, registered with the Secretary of State in California. The business is located at my address. However, I haven't heard from the other party since November 26, 2024. There are websites running with... View More
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answered on Mar 10, 2025
Assuming you have a valid contract (oral or written) between you and your partner, you can file a civil action for breach of contract. To prove a breach of contract claim you would need to establish the existence of a contract, your performance or excuse for nonperformance, the other party's... View More
I am considering using the trademark "rios" for a new clothing business in Texas. Is this trademark already in use in the clothing industry, and what steps should I take to ensure it is available?
I am currently on F-1 OPT following my Master’s in Business Data Science & Analytics and plan to stay in the U.S. for the duration of my OPT, with the possibility of applying for a STEM OPT extension. The work I intend to perform for the manufacturing company involves business intelligence,... View More
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answered on Mar 10, 2025
It is fine to be self employed for regular OPT as long as your degree is related to what the business does. It is always a good idea to set up a company and take any other steps to show that your business is legitimate. (eg. set up a website, operating agreement, EIN, etc.). Stem OPT is much more... View More
I want to start an RV park on land that I acquired upon the death of the holder of a life estate. The land currently has no structures on it. However, someone has recently destroyed about 2 acres of it without my permission. I have photographs documenting the damage and I know who is responsible.... View More
I am considering selling a PDF version of my book on social media platforms like Facebook. I have not officially registered the copyright for my book nor do I have a business license. The book includes a basic copyright page. My plan is to sell it directly online, emailing the PDF version to buyers... View More
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answered on Mar 7, 2025
You only need a business license to have a physical place of business in a given locale, or to go into customers' homes to perform a service. You don't need a business license to sell a book online. You also don't need to register a copyright in order to sell your book.
Your... View More
I want to sell hermit crabs in Tennessee as a hobby. I'm considering selling them both online and through a physical store. What are the legal requirements or permits needed for this?
I was kicked out by my business partner, and we do not have a formal partnership agreement. However, I do have my business bank agreement as proof of my involvement. What legal options do I have to address this situation and potentially reclaim my position or investment in the business?
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answered on Mar 6, 2025
You may have legal options, but without a formal partnership agreement, your case isn’t clear-cut. Your business bank agreement can serve as evidence of involvement, but more proof—such as financial contributions, communications, or profit-sharing—would strengthen your position.
If... View More
I am planning to start a business from home in California, selling custom t-shirts online across multiple states. I haven’t decided on a business name yet. Should I trademark my business name, and what are the benefits of doing so?
answered on Mar 4, 2025
It is always smart to trademark your business name in order to protect your brand identity and to ensure no one else can use or infringe on your business name and brand you are building. You can file a trademark with the USPTO and it is always smart to consult a trademark attorney to guide you... View More
I live in South Carolina and currently have an LLC there. I am interested in virtual wholesaling real estate in states like Texas, Florida, Georgia, Alabama, or Tennessee, where a real estate license might not be required for wholesaling activities. Would my South Carolina LLC allow me to conduct... View More
answered on Mar 4, 2025
The best state-by-state legal analysis is at https://crushingrei.com/is-wholesaling-real-estate-legal/
I am considering writing grants for a small, for-profit LLC. I have concerns because I have yet to form my own business but plan to eventually do so under an LLC structure. What should I consider legally before entering into a contract as an individual to write grants for this business, and is the... View More
I founded a nonprofit organization in Washington State in February 2024 and am documented as the sole legal owner. In June/July 2024, a friend joined to assist with marketing and eventually took on a role similar to a COO, mainly managing social media and intern communications. Recently, my friend... View More
I sold my share in a multi-member LLC business in Maine, which I started with an investment of $7,500. I sold my part for less than $5,000, and I owned the business for less than 2 years. I didn't receive any other compensation or benefits, and there were no outstanding debts or liabilities... View More
answered on Mar 2, 2025
You should discuss this with an accountant because there may be other information needed to answer. But it sounds like you would want to include it as a loss on your tax return.
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