Category: Business Law

Learning Goal: I’m working on a business question and need guidance to help me learn.
All in information is in the attached file below

Now that your unique name has cleared the state’s availability search, let’s see whether the name is available to file federal trademark registration under The United States Trademark Office Regulations. 
A company’s name is critical to the business since it can establish how others identify your business. The name creates your company’s brand and the perception others have of your business. The brand hopefully creates a perception of the quality of the goods or services your business offers to the public. The best business names have the power to make or break your company.
What are the benefits of trademarking your business name? Here are several benefits associated with registering your business name.
Preventing Confusion: This trademark registration element prevents consumer confusion. Establishing a business name and using taglines, logos, and company colors sets your company apart from other similar businesses, and trademark law protects rights to exclusive use. Additional support material: Trademarks and Copyrights (PDF) Download Trademarks and Copyrights (PDF)introduces small businesses’ to the available protection of Intellectual Property rights.
Brand Definition: Picking a name is a decision designed to convey to your customers the quality of your product, what experience you want them to remember when recalling your name, the touch, feel, smell, and taste of your product, and location ambiance – your “businesses identity” all wrapped up in a delightful little package.
Ancillary Benefits: Trademarks reassure investors’ consideration of investing in your company because the trademark establishes ownership. It also protects your sales by preventing consumer confusion when another company uses the same or a similar name selling similar products. Customer confusion can occur if consumers think they’re buying your product, but they buy your competitors’ product because of the similarity. A trademark also allows you to prevent others from using the same or a similar business name within your industry. Trademark statutes establish legal protection under the statutes that trigger a cease-and-desist letter or court action for an injunction and damages. Trademark registration provides national protection and national recognition. Once you register your business name, you nationally put others on notice of your existing brand.
Read this article Protecting Your Trademark (USPTO.gov).Links to an external site. (Links to an external site.)
Visit: Search trademark database (U.S. Patent and Trademark Office). (Links to an external site.) This link will assist you in determining whether or not other companies have already registered an identical or similar trademark name for the same category of goods and services you offer.
Read the information on that page and then select “Search our trademark database (TESS)”. Once you are in TESS, choose the Search option for “Basic Word Mark Search (New User).” Type in your company name, click your mouse, drag it over the search page, and copy the information on that page with your company name in the box. Save a copy of this page in a Word document.
Select “Submit Query.” The link will take you to the Name Research Records results page listing names similar or identical to your chosen name. The search records inform you that similar names don’t exist. If no similar protected names are discovered, applicants must still pass the trademark examiner’s search, a more in-depth search than performed by TESS. Trademark examiners are the final arbiter of whether a name will clear. Once you complete this, click your mouse over the results chart, drag the mouse down the list highlighting the page, and copy the list. Save and upload both lists for this assignment.
Upload the following document:
Copy of the initial search page
Copy of the results page
Please Visite 
https://www.visualcapitalist.com/top-100-most-valuable-brands-in-2021/
https://www.uspto.gov/trademarks/search

Finding the perfect name…that no one else has!
Now that your work in Activity 4.1 is completed, your unique company name is ready to become a company asset! The next step is to see if you truly have a protectable unique name and it has not already been taken by another company. If there is another company using the name, you will not be able to register the name in the state or trademark the name with fully protectable rights for your company.
Remember to use the unique name you suggested in Activity 4.1.
The location of the business will be in south Florida. You must confirm that no one else in the same service industry state code has claimed and registered the same name. Variations or derivatives of a name will prevent you from registering the name and indicate that the name is not so unique!
To confirm name availability, in the state of Florida complete the following steps:
Go to the Florida Division of Corporations website.Links to an external site.
Insert your name into the web search window to test the availability of your company name; this will cause a list of company names to appear similar to your name. If no other name appears, your name is eligible for registration in the state. 
Search the name for availability. The list that appears on the site will indicate the availability of your name. Remember, you are searching for a unique exotic name, not common words or phrases that cannot grant protectable property rights. 
If the search fails to pass, try a new name and start the search over. If unavailable, keep using the search function until you find an available name. Avoid common names, given names, or names that would not be available for trademark protection.
Take a screen capture of the search results page. Submit the screen capture pages showing your name and the search results.
Please go to the link below:
https://search.sunbiz.org/Inquiry/CorporationSearch/ByName
Submission Instructions
Upload the following document:
screenshot of the search results page on the website

Write a case brief on the follow attached document in the format: facts, procedural history, issue, holding and rationale. Thank you

Green Scooters has had its share of legal issues this year. We do not have the specialists to deal with these problems in-house, so I will likely need to hire some contractors that specialize in various fields of business law. Can you look at the list of legal issues that I sent by email and classify them by the relevant field of business law? It will help me contract the right professionals
Business law is a body of rules, regulations, and principles that governs the activities of a business. It includes concepts such as an organization’s fiduciary duty to shareholders, the legal ways in which directors can be held accountable for their actions, and what constitutes a breach of a contract.
Business law provides the framework through which businesses are run. The scope of business law can be found in international treaties and domestic regulations. The United States is one of the few countries that does not have any domestic regulation governing business law.
Every business owner needs to know how to navigate the legal landscape. Business law is a broad and highly diverse field, with different sets of laws that apply depending on the type of business or industry. This includes employment law, intellectual property law, contracts law, and limited liability.
Sole proprietorship is an economic term that refers to an unincorporated company that consists of the sole proprietor who owns 100% of the company’s assets and liabilities. A sole proprietor may also be referred to as a “self-employed” or “independent” contractor. The owner owns all assets, liabilities, and profits or losses. Sole proprietorships are taxable entities and can operate as either an S-Corporation or C-Corporation
Potential buyers should first decide whether they want a sole proprietorship or an incorporated company structure. The second option is much more complicated but also offers more protection for the purchaser in case of disputes with employees or other stakeholders.
When buying a business, there are key aspects that need to be considered such as liability for personal injury and other claims and ownership rights to intellectual-property assets such as patents and trademarks.
When choosing a company to purchase, it’s important to determine which party will take on liability for debt. The most important consideration is whether or not the business you want to purchase is reputable and financially sound.contract can be defined as an obligation, a promise, or a pledge between two parties that contains certain terms that legally bind them. A contract can also be described as an agreement made between two or more people, groups of people, companies, or states with the intention of settling disputes through negotiation rather than through legal process.
Contracts are usually drafted on paper and signed by both parties, but some contracts may require more formalities like having a notary present. In order to make sure that both parties involved in the agreement are treated fairly, it is important for them to follow some rules of engagement such as understanding their role in the relationship. These include: receiving feedback on their performance, being clear about expectations, and making sure that all conversations are documented.significant part of business law includes aspects related to the closing of a business. It is important to know how to close a company in order to avoid unnecessary financial risks and liabilities.
There are several legal requirements that must be met before a business can be closed. The following are some of the most common:
Corporations need shareholders’ approval,
The corporation needs a written resolution,
The corporation needs an independent appointment.
Closing a business is the point where a business ceases to exist. There are different types of closing that to choose from, such as:
1. Voluntary bankruptcy: Voluntary bankruptcy is a legal status whereby an individual is permitted to (and chooses of their own volition to) refuse to fulfill their obligations, and still be considered legally responsible for those obligations as well as any other debts they may have contracted.

PLEASE SEE ATTACHED INSTRUCTIONS AND EXAMPLE.
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YOU PICK THE CASE ACCORDING TO THIS WEEK’S READING.
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THIS WEEK’S CHAPTER READINGS ARE NOTED IN THE INSTRUCTIONS.
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HOW TO ACCESS THE TEXTBOOK IS ALSO NOTED.

Crimes occurring within the business setting are often referred to as white-collar crimes. These crimes do not involve force against someone but rather deceit and manipulation. Some of the common white-collar crimes would be fraud, bribery, embezzlement, or insider trading. But in recent years, cybercrimes have emerged as a means by which crimes can be committed against unsuspecting individuals and companies. Cybercrimes can include identity theft, security hacking, or ransomware attacks.
Because of the growth of e-commerce, the likelihood of being a victim of cybercrime continues to increase. Not to mention, the schemes are becoming more sophisticated and harder to detect. Businesses need a cybersecurity strategy to protect their own business, their customers, and their data from growing cybersecurity threats. Below are some examples of steps companies may implement to protect themselves.Review the 10 Cyber Security Tips for Small Business
Watch this short video for an introduction to cybercrimes.
Discussion Topic
Discussion Topic:
Research a recent business case or incident in which a cybercrime occurred; you might look on the Internet or daily news. You might even find a case on the television news! Please be sure to cite your source in APA format. In your original post, answer the following:
Describe the cybercrime that occurred.
Confirm and explain the crime that was committed.
What could the company have done to minimize their exposure to such a crime?
Confirm the outcome of the case.If the case has not been decided, tell us what you think will happen and why.
What sort of punishment or compensation is there or should there be?

You need to write essay and use ONLY 4 SOURCES, no more! And read instructions carefully. The instructions on the picture below!

The Case Study assignment is due by Wednesday, 5/29.  It is worth up to 90 points. Detailed instructions for the assignment are posted in the PDF.
This is a reminder that the assignment will be reviewed using Turnitin.com, a software which checks the originality of an assignment.  While you do not need to use any sources other than the case decisions, if you do, you must give credit for all sources.  If you take any language directly from the court decision, it needs to be in quotes.
While you will need to summarize some information from the cases, please remember that the most important part of the assignment is your analysisof the cases. 
The assignment can be uploaded as a word document or a PDF.

As we learned last week, businesses are often engaged in commerce across State lines, and rarely are businesses (even small, local businesses) solely “doing business” in their own state. So, as a business manager, its important for you to have an understanding of potential multi-State legal issues.
For this week’s assignment, we will focus on Tort Law as it pertains to a multi-State scenario. You are encouraged to use external research for this assignment. Here is the context:
Context
Bernie, a Vermont resident, is sued by Donald, a New York resident, for a tort related to negligence. The case is in state court.
Questions
Why would a plaintiff in New York with a case against a Vermont defendant prefer to have the case heard in New York?
How can a New York Court have jurisdiction over a Vermont defendant?
After a New York state court trial in which Bernie appears and vigorously defends himself, the New York state court awards Donald $1.5M dollars in damages for his tort claim. In trying to collect from Bernie in Vermont, Donald must have the Vermont court certify the New York judgment. Why, ordinarily, must the Vermont court do so?
Include at least three
external references to support your claims. Use APA format. Include a References page at the end
of the paper