Overview of Trademark Law

Written by Henry J. Fasthoff, IV

Trademark law gives companiesrepparttar exclusive right to use a given name or design, called a “mark,” forrepparttar 119269 purpose of identifyingrepparttar 119270 sourcerepparttar 119271 of that company’s goods or services. Trademark law is an incentive-based system. Because it gives companiesrepparttar 119272 exclusive right to use a mark in connection with certain goods or services,repparttar 119273 company can create a brand that is recognizable byrepparttar 119274 consuming public. That trademark would be associated with and incorporated into every advertisementrepparttar 119275 company runs for its goods or services. Repetition of those advertisements containingrepparttar 119276 trademark causes consumers to associaterepparttar 119277 mark withrepparttar 119278 goods and, with enough repetition, consumers buyrepparttar 119279 goods.

A brief, but related, digression. We all know that if you see a product advertised frequently enough,repparttar 119280 product will sell. You might even be one ofrepparttar 119281 people who buysrepparttar 119282 product. The thinking process by which you reachedrepparttar 119283 decision to buyrepparttar 119284 product is not an intellectual, logical process. It’s a function ofrepparttar 119285 wayrepparttar 119286 human mind works. Continually hearing a repeated message makesrepparttar 119287 message more familiar, more real, and, eventually, more true. Asrepparttar 119288 adage says, “evenrepparttar 119289 boldest lie becomesrepparttar 119290 truth if you scream it loud enough and long enough.” I call thisrepparttar 119291 “Lie = Truth” Adage. Sadly, I frequently encounterrepparttar 119292 “Lie = Truth” Adage in litigation. I also know of some politicians and terrorist masterminds who are experts at exploiting this fact of human nature.

Back to trademarks. The advertising departments at most companies knowrepparttar 119293 “Lie = Truth” Adage can be very successful in advertising. The cynic would pump his fist inrepparttar 119294 air yell “Down withrepparttar 119295 corporations, and power torepparttar 119296 people! Allrepparttar 119297 corporations care about is taking our money at all costs!” While we can point to some recent examples that might make it challenging to argue against this viewpoint, as torepparttar 119298 overwhelming, vast majority of companies, that view simply cannot be supported.

Trademark law creates very strong incentives for companies to makerepparttar 119299 highest quality product possible and to advertise their merits and attributes accurately. Aside fromrepparttar 119300 fact that companies invest anywhere from thousands to millions of dollars in their trademark(s), all it takes is one bad product line to tarnish a company's image inrepparttar 119301 minds ofrepparttar 119302 consumers who buyrepparttar 119303 products. Both of these factors hit companies where it hurts them most: inrepparttar 119304 pocketbook. So, while companies clearly have to perform a balancing act of creating a high quality product, keeping costs down, and pulling in as many purchasers as possible, they have very strong incentives to create a quality product that they will associate with their trademark.

Extending Consumer Credit Requires Compliance With Federal Laws

Written by Henry J. Fasthoff, IV


It is important for any prospective business purchaser to perform due diligence in researching a potential target business. Some ofrepparttar documents you will need to collect and review in your analysis of whether a particular business would be a good acquisition includerepparttar 119268 following types of documents.

1. Corporate and Organizational

o Certified copy of articles of incorporation and bylaws of company and subsidiaries as currently in effect;

o Partnership agreement and any amendments thereto;

o A copy ofrepparttar 119269 most current organization chart available ofrepparttar 119270 company;

o A list of states and foreign countries (if any) in whichrepparttar 119271 Company is qualified to do business; and

o All names under whichrepparttar 119272 company has done business inrepparttar 119273 past five years; this includes registered and unregistered trademarks, fictitious name statements (commonly referred to as “d/b/a filings”).

2. Financing Documents

o All loan agreements, debt instruments, and other financing instruments, and all related material documentation, to whichrepparttar 119274 company is a party.

o A list of all mortgages, liens, pledges, security interests, charges, or other encumbrances to which any property (real or personal) ofrepparttar 119275 company is subject and all related material documentation;

o Schedule of all short-term and long-term debt (including capitalized leases, guarantees, and other contingent obligations).

3. Financial Statements

o All audited and un-audited financial statements;

o Brief description of contingent liabilities involvingrepparttar 119276 Company, such as pending lawsuits and threatened litigation;

o Name of accountants and length of relationship with accountants; indicate whetherrepparttar 119277 accountants own any interest in or hold any position withrepparttar 119278 Company or its subsidiaries;

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