Be Wary of Letters from Lawyers Claiming Your Company Name Is at Risk
September 16, 2024 | Carole Clark Isakson
Over the last several months, we have seen an uptick in the number of false claims being made concerning company names. These claims come in the form of a letter from a lawyer warning the recipient that its business name is about to be “taken” by a third party. There is an offer of help, and frequently a claim that if the recipient doesn’t act, this unknown third party will file a trademark application on the company name and deprive the recipient of the right to use it. THESE CLAIMS ARE GENERALLY FALSE. There is a difference between an entity name (i.e. for an entity that is created at the Secretary of State level) and a trademark, although they can certainly also be the same. A trademark designates the source of goods or services. It exists, meaning you own rights to it, when you start using it. One way to enhance the protection of a trademark is to file an application to register it with the United States Patent and Trademark Office—though you still own it and have rights to it even if you do not register it. This is a common misconception, and one that lawyers prey upon. Simply put, your company name is yours in the state where you created it. And if your…
Read MoreAll About NDAs (And Why Your Business Needs Them!)
September 12, 2024 | Carole Clark Isakson
This blog focuses on the many times your business will need an NDA—and why printing one from the internet might not accomplish what you need. A Non-Disclosure Agreement (NDA) is a binding document that restricts one party or multiple parties from disclosing certain information that is to be shared. Key points: An NDA can be in favor of only one party or cover all of them. Don’t assume the NDA that is presented to you covers your information unless it specifically says it does. The NDA should state its purpose. If there is a question later about how to interpret the document, knowing why the parties entered into it in the first place will help. The document will include a definition of “Confidential Information” which may need to be revised to reflect your specific data. The NDA will state how the Confidential Information can be used and by whom. Pay attention to this section, and make sure that the other party is responsible if its representatives wrongfully disclose or use your information. A common provision in more current NDA forms will provide for the destruction of the information under certain circumstances. Your attorney will ensure this is correctly drafted to protect your information and address the fact that electronic records may live forever. A well-crafted…
Read MoreBGS Attorney Fishing Expedition 2024
September 6, 2024 | Scott M. Lepak
Attorneys Scott Lepak and Bill Huefner spent the morning of Saturday, August 24th bass fishing on the Mississippi River near Royalton Minnesota with their trusty guide Tommy Steffen from Steffen’s Rum River Guide Service. The fishing was great with 43 smallmouth bass landed in 4 hours. Highlights of the trip included Bill and Scott landing a bass at the exact same time (noted in the picture). Bill was the largest fish winner this year. Scott was lucky enough to catch smallmouth #10, 20 and 30. Even with all the rain and high-water levels throughout the first part of summer, the river is now down enough to find the fish.
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