5 Things Angel Investors Look for in New Companies

Angel investors are typically wealthy individuals who seek to invest capital in and offer guidance to startups. Often angel investors are former entrepreneurs or successful businesspeople themselves, and are looking for a potentially significant return on their investment. Angels are picky about choosing the startups they will invest in, and for good reason. Successful startups can produce exponential returns for Read More

Understanding the Difference Between Word and Design Trademarks

Our website analytics tell us this is one of our most popular articles. If you think we might be able to help you or your business, email info@clark.law and mention this article for a complimentary 30-minute consultation. The most common trademarks that you are going to encounter in the marketplace are designs (usually called “logos”) or words, or some combination of the two. Besides the obvious aesthetic Read More

Starting Your Business on the Right Foot: 7 Documents Your New Company Must Not Neglect

Before you head down the road to starting your new business, step back and take a few moments to consider what you need to do to prepare to take this new journey. One important consideration that is often overlooked is the need for solid documents. The documents to which I am referring are the agreements, minutes, consents, plans, licenses, contracts, etc. that every company should create, sign, or file to get your Read More

Trademark Law: Do I Have a Duty to “Police” My Trademarks?

Our website analytics tell us this is one of our most popular articles. If you think we might be able to help you or your business, email info@clark.law and mention this article for a complimentary 30-minute consultation. Most people have a general idea of what is meant when I use the term “trademark infringement”. On the other hand, there is a related term that confuses a lot of my clients - that concept is Read More

When Do I Need a Non-Disclosure Agreement?

Non-disclosure agreements (“NDAs”) are possibly the most misunderstood category of legal documents.  To some, they are boilerplate forms that you can download from the Internet and use with little to no revision needed. To others, they are intimidating and overwhelming due to the complicated legalese they contain.  Some believe an NDA should be required prior to almost any business discussion with anyone.  Others Read More

Resolving Business Disputes Out of Court: Mediation and Arbitration

To say that resolving business disputes in court is expensive and time-consuming would be a gross understatement. Fortunately, a few alternatives to the costly headache of litigation have developed over the years.  Two such options are mediation and arbitration. Each has its own benefits and drawbacks. In this article I will explain some of the advantages and disadvantages of each and how they are different. Both Read More

The Acquisition of Trademark Rights From Third Parties

Our website analytics tell us this is one of our most popular articles. If you think we might be able to help you or your business, email info@clark.law and mention this article for a complimentary 30-minute consultation. The most common way of acquiring trademark rights is to create them. Businesses create trademarks every day in the form of words, logos, taglines, etc. Registration of a mark is not required to Read More

4 Issues You Should Discuss With Your Co-Founders Before Starting Any Business

Entering into a new business enterprise can be exciting. Having a well-crafted written agreement among the founders is an essential element to successfully managing expectations and avoiding disputes down the road. Before you can start putting anything in writing, however, you must reach agreement on some basic terms. Here are four important topics you should cover in your initial discussions to avoid difficulties in Read More

Crowdfunding for Business, Part II: North Carolina’s PACES Act

This article is a continuation of a recent entry: “Crowdfunding: The Newest Way to Fund Your Business Venture, Part I We recently introduced you to the JOBS Act, which, among other things, allows crowdfunding for companies through the Internet using donors who are not accredited investors. Despite the JOBS Act being adopted in 2012, it was not until very recently that the Securities and Exchange Commission (SEC) Read More

The Trademark Continuum, Part II: The Battle Between Marketing and Legal

This article is the second installment in our series on the trademark continuum of identification.    In the first installment of this series, we presented a brief overview of the trademark continuum spectrum and how marks are rated on the spectrum based upon their distinctiveness. With this background, we’ll now address the problem that often arises for entrepreneurs and companies trying to name a business, product Read More