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What is Trademark Infringement?

In Intellectual Property, Trademarks by Larry DonahueLeave a Comment

A trademark is any word, design, symbol or phrase, that identifies the source of a particular product or service. For example, “Apple Computer” doesn’t indicate a computer generally. It indicates a computer produced by Apple Computer Corporation. The golden arches in front of a McDonald’s Restaurant doesn’t indicate “hamburgers,” but hamburgers produced by McDonald’s Corporation. Many business owners get confused …

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Why You Need a Buy-Sell Agreement

In Business Tips, Partnerships by Larry DonahueLeave a Comment

Changes in small business ownership can be costly, and negatively impact the business. If you are in a small business partnership, you should establish a buy-sell agreement to pre-determine what will happen if one of the partners leaves the business. You may not anticipate that either of you will leave; however, death, divorce, changes in circumstance, a risky economy and …

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Served with a Lawsuit? Now What??!?

In Litigation & Lawsuits by Larry DonahueLeave a Comment

Inevitably, if you’re an active business and business leader, you will probably find yourself in a lawsuit at some point in your life. Hopefully, it won’t happen for years, and when it does happen, will be very infrequent. When you are sued, it will be an emotional hit. It may be embarrassing, depending on how you were served (i.e. how …

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5 Tips: How to Dissolve a Partnership as Painlessly as Possible

In Break-ups & Partnership Disputes, Dissolve a Partnership, Partnership Dispute by Larry DonahueLeave a Comment

Closing (called dissolving) a business partnership can be compared to a divorce, from a cost and emotional impact to the partners. Neither party expects the relationship to degenerate into contention, but it happens more often than you might think. Whether business circumstances change, or some dispute arises between the partners, when the business partnership cannot endure, it’s time to legally …

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Contract Tip: Understanding the Offer

In Business Tips, Contracts by Larry DonahueLeave a Comment

Contract law can be a confusing mess, especially for busy business leaders. It pays, however, to know some of the basics of contract law in running a business. Such basic knowledge will help avoid potential liability or disaster down the road. If you don’t already know what a contract is, it is a “bargained for exchange of value” between two …

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Are Non-Compete Agreements Enforceable in New Mexico

In Non-Compete Agreements, Trade Secrets by Larry DonahueLeave a Comment

The quick answer is “yes,” provided they are “reasonable” and provided they do not restrict certain professions that are statutorily protected. It can be difficult for a business to gain a competitive advantage over their competition. Many successful companies rely on trade secrets to create a product or service that is better for consumers than a competitor’s, but if an …

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Temporary Restraining Orders (TRO)

In Litigation & Lawsuits, Partnership Dispute by Larry DonahueLeave a Comment

A temporary restraining order (or “TRO”) is a court order that immediately controls or restricts the behavior of one or more parties, temporarily and usually in an emergency, until there’s time to actually have a hearing so the court can evaluate the evidence to determine whether the order should stay in place (usually called an injunction) or cancelled. In order …

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Employees’ Discussion of Work Conditions: Including Pay

In Department of Labor (DOL), Employment Law by Don KochersbergerLeave a Comment

Do you tell your employees not to discuss their pay with each other?  If you do, you are not alone … and you are violating the law.  The National Labor Relations Act of 1935 prohibits interfering with employees’ discussion of work conditions, including pay.  If you are interested in more information, please contact us at 505-848-8581.  In the meantime, this …

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Social Media, Private Conversations and Your Business

In Business Tort, Marketing Tips by Don KochersbergerLeave a Comment

In the fast-paced world of tweets, Facebook posts, and cell phone cameras, people often post before really thinking. Similarly, what is said in private conversation doesn’t always stay private these days. Recently a ‘private’ conversation between Clippers owner, Donald Sterling, and his girlfriend made big news and became the subject of both news streams and headlines, after a recording of …