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Trademark of a Company Name
The company
Let's begin with t |
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Let's begin with the company name. There is no indication that a trademark search was ever conducted to ensure that no other company is already using the name Characters Galore. Thus, Jeff, at least, is subjecting himself to a possible trademark infringement lawsuit (See, generally, chapter 19.77 RCW). He should immediately perform a trademark search on the name. If the name is clear, he should register it as a trademark. If it is not clear, he should immediately stop using it and find one that is clear. To who or what organization, however, shall Jeff register the clear trademark? He can register it to himself and then transfer it to whatever organization this group of people eventually form. But what would be the best form of that organization? At this point, we'll discuss it as though Brian had not yet left the organization. Jeff, John, Darlene and Brian have agreed to be "partners" and share equity interest in 50 percent of the organization. Jeff will actually own 20 percent as the "manager" of the organization. Aunts Jennifer and Rita own the other 50 percent. Given that the original business is a family business, it would probably be best for Jeff, John, Jennifer and Rita to first incorporate their interests in Matt's original business. A corporation in this case would be the best business organization because it would open Jeff and John's options to use their interests in the corporation to fund their interests and form a
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le, however, is that there appears to be no evidence of a sexual harassment policy at the company. The EEOC has made clear that a significant factor in sexual harassment cases is the presence or not of an established policy at the company (See, e.g., Goforth 1). Admittedly, the company was in its initial stages, but Jeff had accepted management responsibilities and thereby put himself in jeopardy.
Brian
More than likely Brian signed an agreement assigning his rights in the development of any software at his former company to that company. He may also have signed non-disclosure and non-competition agreements. More than likely, however, Brian can still use his general knowledge of software development as well as non-trade-secret information to create a program that helps create the graphics for CG. Still, even though Brian has left the company, Jeff should find out what rights Brian assigned before he uses any software Brian developed for CG.
Regarding Brian's complaint to the EEOC, Jeff can do nothing but respond to the EEOC's requests for information. As noted above, Jeff will be hurt by the lack of an established harassment policy, but he should be helped by Brian's history of making such complaints (assuming those compl
Category: Business - T
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EEOC Jeff, Darlene Brian, Characters Galore, Paper Co, Galore Jeff, Moreover Jeff, Otherwise Darlene, Court Appeals, EEOC Brian, Arguably Brian's, usc º, characters galore, sexual harassment, 29 usc º, 29 usc, jeff john, limited liability, darlene brian, non-competition agreements, organization jeff, act 29, act 29 usc, non-disclosure non-competition agreements, family medical leave, medical leave act,
= 1810
= 7 (250 words per page)
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