BERYS LAW | Business, Real Estate, Wills/Trusts

Of the many strategies that can help safeguard your brand, one that’s worth mentioning is trademark protection. This legal mechanism not only offers exclusive rights to the use of certain marks but also provides a foundation for brand recognition and trust. 

In this article, we explore the importance of trademark protection and how businesses can leverage it to fortify their presence in the market.

Understand the Basics of Trademarks

Before discussing trademark protection in detail, first, we need to understand the basics. A trademark is a recognizable sign, symbol, or expression that distinguishes products or services of a particular source from those of others. 

It can take various forms, including logos, brand names, slogans, and even distinct packaging. Registering a trademark with the appropriate authorities provides legal protection against unauthorized use by competitors.

Conduct Comprehensive Trademark Searches

An important step before investing resources in building a br...

As an entrepreneur looking to protect your brand assets and creative works, you need to understand the differences between trademarks and copyrights. Both legal concepts fall under the umbrella of intellectual property, but they serve distinct purposes. 

Defining Trademarks and Copyrights

• Trademark: A trademark is a symbol, phrase, design, or combination thereof that identifies and distinguishes the source of goods or services. It serves as a badge of origin, allowing consumers to recognize and associate specific products or services with a particular business.
• Copyright: Copyright, on the other hand, protects original works of authorship fixed in a tangible medium of expression. This can include literary works, artistic creations, musical compositions, and more. Copyright grants the creator exclusive rights to reproduce, distribute, and display their work.

Nature of Protection

• Trademark: The primary purpose of a trademark is to prevent consumer confusion by ensuring that pr...

Acquiring an existing business can be a strategic move. It offers a shortcut to entrepreneurship by stepping into a pre-established enterprise. However, the process is not without its challenges, which is why careful attention to legal considerations is a must. 

If you’re looking to buy a business, this guide dives into some legal considerations you should know. 

Due Diligence is Non-Negotiable

Before entering into any agreement, conduct thorough due diligence. This means doing a comprehensive examination of the business's financial records, contracts, liabilities, and legal standing. 

Investigate outstanding debts, pending litigation, and any potential regulatory compliance issues. You will also have to engage professionals such as accountants, business appraisers, and legal advisors during this phase to ensure that you are fully informed about the business's current state.

Structure the Deal Appropriately

Choosing the right structure for the acquisition is another legal conside...

Fostering a positive and inclusive environment is a legal obligation for employers. Harassment prevention stands at the forefront of these responsibilities to make sure that employees feel safe, respected, and valued. 

This guide aims to provide employers with the knowledge and strategies needed to effectively prevent harassment in the workplace.

Understanding Harassment

Harassment can take various forms, including verbal, physical, or visual conduct that creates a hostile or intimidating work environment. It can be based on factors such as race, gender, religion, sexual orientation, disability, or other protected characteristics. 

Employers must recognize the broad spectrum of behaviors that constitute harassment to implement effective prevention measures.

Creating a Strong Anti-Harassment Policy

A well-crafted anti-harassment policy is the cornerstone of a harassment-free workplace. The policy should clearly define harassment, provide examples, and outline the consequences for ...

Workplace retaliation is a serious concern that can negatively affect the well-being of employees and the health of an organization. It occurs when an employer takes adverse action against an employee for engaging in protected activities, such as reporting discrimination, harassment, or other illegal practices. 

Understanding what constitutes workplace retaliation and knowing how to address help with maintaining a fair and healthy work environment.

Defining Workplace Retaliation

Workplace retaliation can take various forms, ranging from subtle behaviors to overt actions. It occurs when an employer or supervisor punishes an employee for asserting their legal rights or participating in activities protected by law. 

These protected activities may include filing a complaint with human resources, reporting workplace violations, or participating in an investigation into alleged misconduct.

Common Examples of Workplace Retaliation

• Unwarranted Disciplinary Action: Employees who experie...

In the realm of business and industry, compliance refers to adhering to a set of rules, regulations, and standards imposed by governing bodies or industry authorities. 

Compliance issues arise when an organization fails to meet these prescribed requirements. Such issues can lead to legal repercussions, financial penalties, and reputational damage. This guide explores what compliance issues entail and explores effective strategies to tackle them.

What Are Compliance Issues?

Compliance issues encompass a wide range of situations where an organization falls short of meeting the mandated standards and regulations. These issues can arise in various areas such as financial reporting, data protection, workplace safety, environmental practices, and more. They can occur due to oversight, lack of awareness, or intentional disregard of compliance requirements.

Common Types of Compliance Issues

• Regulatory Non-Compliance: This occurs when an organization fails to comply with laws and regulat...

Deciding to take legal action against an employer requires careful consideration. Workplace disputes can be emotionally charged and distressing, which is why it's important for employees to approach the situation with a clear understanding of their rights and potential consequences. 

Before pursuing legal action against an employer, an employee needs to ask themselves these questions. 

Is the issue legally valid?

Before considering legal action, it's crucial to determine whether the issue at hand is a legitimate legal concern. Employment laws vary by jurisdiction, so seeking legal advice or consulting a qualified employment attorney can help clarify whether the situation warrants legal action.

Have you exhausted other options?

Taking legal action should generally be a last resort. Prior to pursuing a lawsuit, have you exhausted all available alternatives for resolving the issue? This could include internal grievance procedures, mediation, or seeking guidance from human resources o...

Running a successful business involves navigating a complex web of legalities and regulations. From contracts and intellectual property to compliance and dispute resolution, businesses encounter numerous legal challenges. This is where business legal advisory services come into play. 

Keep reading as we delve into what these services entail and why they are crucial for the success and protection of your business.

Defining Business Legal Advisory Services

Business legal advisory services encompass a range of specialized legal assistance tailored to meet the unique needs of businesses. These services are provided by experienced attorneys or law firms with expertise in corporate law, commercial transactions, regulatory compliance, and other areas vital to business operations.

The Key Components of Business Legal Advisory Services

Contract Drafting and Review

Business lawyers assist in the creation, review, and negotiation of contracts. This includes agreements with vendors, clients,...

California, often considered a hub for innovation and entrepreneurship, is home to a thriving freelance economy. If you're a freelancer in the Golden State, it's essential to be aware of the specific laws and regulations that govern your work. 

Understanding these legal aspects can help you navigate your freelance career with confidence and compliance. Here, we'll outline some crucial laws that freelance workers in California need to know.

AB5 and AB2257: Understanding Worker Classification

One of the most significant legal developments for freelancers in California is Assembly Bill 5 (AB5), which went into effect in January 2020. 

AB5 established stricter criteria for classifying workers as independent contractors, aiming to ensure proper employee benefits and protections. However, AB2257, which followed later, provides more exemptions for certain freelance professions. 

Be sure to understand how these bills affect your specific industry and ensure you're appropriately classified...

Navigating the complex world of taxes is an integral part of running a successful small business. While many entrepreneurs rely on accountants or tax software, there are situations where the expertise of a tax attorney will be needed. 

If you want to learn more about what a tax attorney does, we'll explore the various ways they can assist your small business in managing its tax obligations effectively.

Tax Planning and Strategy

A tax attorney is well-versed in tax law and can help you develop a comprehensive tax strategy for your business. They can analyze your financial situation, business structure, and long-term goals to create a plan that maximizes deductions and minimizes tax liabilities. This proactive approach can save your business money and make sure that you comply with all relevant tax laws.

Handling IRS Audits and Disputes

Facing an IRS audit can be a daunting and stressful experience for any small business owner. A tax attorney can step in and represent your interests...