On behalf of SODEN & STEINBERGER, APLC posted in Business Formation & Planning on Wednesday, May 15, 2013
A new California business can move forward with its unique business plan after receiving approval from the Temecula Planning Commission. The business is called Canvas and Cabernet and it will allow patrons to paint and take painting lessons, all while enjoying a glass of wine or beer.
Some on the commission had expressed concerns about the newly formed corporation because it could set a precedent for allowing alcohol-serving establishments outside of Old Town Temecula, which has traditionally been the only area in town where new liquor licenses have been approved. However, the new store's owner effectively presented her model to the commission and satisfied their concerns to win approval. One councilman said that he didn't believe the business would be used as a bar because there are less expensive options nearby.
On behalf of SODEN & STEINBERGER, APLC posted in Contract Disputes on Friday, May 10, 2013
The 9th U.S. Circuit Court of Appeals in San Francisco ruled that a Nevada businessman must do everything he can to settle his dispute with the Hualapai tribe over a Grand Canyon walkway in tribal court before proceeding to the federal level. The business man is disputing the contract he signed with the Hualapai tribe of Indians regarding management fees and an incomplete visitors' center near the Grand Canyon walkway.
The business man invested $30 million to build the bridge that opened in 2007 and is seeking $28 million as the result of a judgment handed down by an Arizona federal judge. However, since the bridge is located on Hualapai land, tribal attorneys are arguing that the case ought to be governed by Hualapai law. Even though an Arizona federal judge ruled in favor of the businessman, the 9th U.S. Circuit Court of Appeals has decided in favor the Hualapai tribe and has sent the case back to tribal court before the business man can proceed to the federal level with his contract dispute.
On behalf of SODEN & STEINBERGER, APLC posted in Business Litigation on Monday, April 22, 2013
A proposed bill in California could impact lawsuits filed against small businesses in the future. The proposed bill could end up reducing the number of lawsuits filed against small businesses that do not post warnings to the public over toxic chemical exposure.
Under California law Proposition 65, business owners in the state are required to warn customers about possible exposure to toxic chemicals and materials. Currently, business owners that fail to warn customers about the exposure could face a lawsuit as well as penalties up to $2,500 a day.
On behalf of SODEN & STEINBERGER, APLC posted in Business Formation & Planning on Wednesday, April 17, 2013
It is important for individuals thinking about starting a business to understand the kind of structure their business will have. For business owners that want their company to someday become a corporation, there are certain steps to take to ensure that this will be possible.
Business owners will need to understand how to incorporate their business. While this can be complicated, understanding the general steps to take will help put the business on the right path to become a corporation.
On behalf of SODEN & STEINBERGER, APLC posted in Business Litigation on Thursday, April 11, 2013
A California company has filed a patent lawsuit against another company, alleging that the company used three of their patented technologies illegally.
CA Technologies is suing AppDynamics for patent infringement, saying that they will continue litigation to protect their intellectual property. The patent infringement lawsuit is seeking damages for lost profits and legal costs. They also filed for an injunction against AppDynamics for any further use of their patented products or technology.
On behalf of SODEN & STEINBERGER, APLC posted in Business Litigation on Thursday, April 4, 2013
Business owners often struggle with filing a lawsuit against another company or individual. How do you decide if you should file a lawsuit and if you do, should you sue as an individual or company?
Filing a lawsuit against another company or an individual can be a complicated situation and it is important for business owners to consider all of their options before filing a lawsuit. When filing a lawsuit, you need to know what jurisdiction to file as well as make sure your claims in the lawsuit will not be thrown out by the judge hearing the case.
On behalf of SODEN & STEINBERGER, APLC posted in Business Litigation on Thursday, March 28, 2013
The Supreme Court recently ruled in an international copyright case that could have significant impact on U.S. companies who sell books, videos and other copyrighted materials. The Supreme Court ruled that it is okay for individuals or other companies to resell books and videos that have been copyrighted without the permission of the owner.
The Supreme Court ruling stems back to the case of a California college student from a foreign country that would purchase college textbooks from Thailand because they were cheaper and then resell the textbooks in the U.S. to make some extra money while going to college. The publisher of the textbooks sued the student for copyright infringement and won the lawsuit in New York.
On behalf of SODEN & STEINBERGER, APLC posted in Business Litigation on Tuesday, March 19, 2013
Intellectual property can be very significant for business owners. Business owners can use intellectual property laws to protect their company's products and ideas from being used by competitors as well as help create a company's brand.
Business owners can benefit from using intellectual property laws but not everyone is familiar with this type of law. Many business owners get confused about laws regarding patents, trademarks and copyrights, otherwise known as intellectual property law. What is the difference between these three aspects of intellectual property law?
On behalf of SODEN & STEINBERGER, APLC posted in Franchising on Thursday, March 14, 2013
Franchise owners in California continue to want new laws that would protect their business and give them more freedom. Their support for new franchise laws in California has been highlighted in a couple new bills submitted to the California legislature.
Franchise owners had a role in writing some of the proposed bills. One of the bills, the California Small Business Investment Protection Act, would allow franchise owners to transfer their businesses with fewer restrictions, renew their franchisors licenses, offer protection from terminations and assemble their own trade groups with fewer restrictions.
On behalf of SODEN & STEINBERGER, APLC posted in Business Litigation on Tuesday, March 5, 2013
Businesses often benefit from having a slogan associated with their business. Slogans can come in all shapes and sizes but one of the most important aspects of having a slogan is trademarking that slogan so only your business can benefit from using it.
Having a slogan for your business can help in several ways and it is not difficult to have your own slogan. In fact, if a business has already been using a slogan and it is associated with their business, the slogan can become legally linked to that business without it even being registered. However, the benefits of registering your business slogan as a trademark can help your business now and in the future.