This month’s Business Bytes highlights small business disputes, the public domain, and stay or pay provisions in employee agreements.
Small Business Disputes. Disputes between owners of a small business are fraught with potential conflicts. As a result, the business’ lawyer must usually remain neutral, and each owner needs to retain its own counsel. Legal fees can add up and cooler heads and reasonable compromise may be preferred. READ MORE.
Public Domain. Trademarks, like copyrights, can have substantial value. But even when issued they can be lost if the trademark is later deemed in the “public domain”. The United States Patent and Trademark Office recently ruled that certain comic book publishers’ entitlement to exclusive use of “Super Hero” was no longer protected by prior issued trademarks and therefore was in the public domain for use by all. READ MORE.
Stay or Pay. Stay or pay provisions in employment agreements requiring an employee to pay a monetary reimbursement or penalty on their termination of employment have come under legal scrutiny. While these “quit fees” have become more popular, the National Labor Relations Board recently ruled some to be illegal. Be sure advances paid by new hires are properly documented and appropriate for reimbursement. READ MORE.
