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Business Formation and Business Law: Why Hiring an Expert Can Save You Time and Money
Starting a business can be an exciting and rewarding endeavor, but it also involves a number of complex legal issues. Whether you're starting a small business or a large corporation, there are many legal considerations that you need to take into account in order to...
Importance of Protecting Your Invention with a Patent
Are you an inventor with an innovative product or process? If so, it is important to understand the value of patent protection. Patents provide exclusive rights to inventors, allowing them to prevent others from making, using, or selling their invention without...
Avoiding Legal Pitfalls: Essential Advice for Startups to Launch with Confidence
Starting a business can be an exciting and fulfilling experience, but it can also be filled with legal pitfalls that can hinder your growth and success. As a startup founder, it's important to be aware of common legal mistakes that can be made and how to avoid...
Licensing An Alternative to Patents
Being in the intellectual property (IP) space, I aim to protect my clients’ IP rights including patents, trademarks, trade secrets, and copyrights. The most rewarding part of my job as an intellectual property attorney is to work with bright inventors who have...
Securities Laws 101: What Every Startup Founder Needs to Know About Raising Capital
Starting a new business is an exciting time, and as a startup founder, you’re likely focused on developing your product, building your team, and raising capital. However, when it comes to raising funds from investors, there are numerous issues related to securities...
Intellectual Property Exclusion Policy
Every year, I work with my insurance broker to determine how much coverage I need to mitigate risks for applicable parties connected to my business. Insurance policies are an essential part of running a small business because they protect us, especially when...
Why Contracts Are Important
Sometimes, I will have clients call me and ask, “Martin, I have someone who is not paying me for services I provided…what should I do?” to which I ask, “Do you have a written contract with the other party?” Surprisingly, the answer is “well, they are family” or “a...
Trademarks – 5 Common Mistakes by Business Owners
As a business owner, you have worked hard to build your brand. So why wouldn’t you protect it? Many founders fail to take even the most basic steps to protect their legal rights of their branding. Here are the five of the most common trademark mistakes or...
Does Hiring an Attorney Increase My Odds of Trademark Registration? Study says ‘Yes’.
Business owners and entrepreneurs have that DIY attitude, which is perfect for someone taking on the challenge of product development and business building. Likewise, it is understandable with that sort of mindset that an entrepreneur would want to attempt to file...
To Patent Search or Not to Patent Search?
Why Inventors Should Perform a Patent Search Inventors often wonder if a patent search is required before filing a patent application. Performing a patent search is a prudent step in the patent prosecution process because it can uncover prior inventions (known as...
You Lose Cash When You Flash
We live in a day and age where posting selfies, food, and vacation spots are more than a trend. Naturally, people are proud of what they have, what they are doing, and who they are involved with. However, oversharing can have some drawbacks with public backlash or...
Copyrights: 4 Benefits of Registration
Copyrights are a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. Meaning, the moment pen is put to paper, a brush to canvas, or a song is recorded, the author...
Does my case have to go to trial?
Most cases don’t go to trial. They are resolved one way or another on summary disposition to avoid risk, cost, expenses and waste of time. Summary disposition of a lawsuit means that a judge finds that one party, for a specified reason, is entitled to judgment or...
Lawyers and Engineers…So Different Yet So Similar
When thinking of engineers and lawyers, their differences are more obvious when you compare them based on the tasks they perform and the reasons they get hired. But by looking a little closer, there are a lot of similarities between the two professions. High-Level...
WHY LITIGATION IS NOT A DIRTY WORD
From the dawn of time mankind has had methods to resolve disputes. From clan chieftains to kings, men and women have had others resolve their disputes. The current American system of justice, at least on the civil side, derived from English common law where judges...
I want to start a business that competes with my former employer. Can I take a customer list?
Generally, the answer is no. Customer lists may qualify for “trade secret” protection under North Dakota law. Customer lists, lead lists, social media followers and the like qualify under this law. If you leave your employer and take this information with you to...
Why You Need A Trademark: A Case Study.
Here at Fargo Patent & Business Law, PLLC we often get clients who get into trademark disputes. The claim is called “trademark infringement.” This is a case study about one of our clients who found itself on the wrong side of trademark law. Our client operated...
Things You Need to Know About Lawsuits
Learn about the entire process of a lawsuit in Fargo Patent and Business Law Attorney Joseph Wetch’s book: “Things You Need To Know About Lawsuits.” From the beginning stages, to options for resolving a lawsuit early, to what to do following a judgment, this book...
Just what are “Trade Secrets?”
In our practice we see a fair amount of confidential information from our clients. Some of it relates to inventions that they are working on. Some relate to trademarks and efforts to protect good ideas. What can be done to protect this information especially when...
Crowdfunding: What is it and how you take advantage of it to help your business.
Crowdfunding is a way of raising money on the internet for various purposes from a multitude of investors or donors. It has really come into its own over the last 10 years or so. Typically, the person seeking funds raises it by researching the types of...
Patents Give you a Monopoly, Not Permission
People often incorrectly believe a patent gives you the right to make, sell, offer to sell, or otherwise use a particular thing. Patents do not in fact give you this right. Patents give you the right of a monopoly on a particular concept for a certain time...
What to do if you get a Subpoena?
During the course of your life you may be served with a subpoena in either a criminal or civil case. For this post we will focus on civil subpoenas. What is a subpoena? Well, a subpoena is a written document issued by a court or an attorney acting as an officer of...
The Answer to a Lawsuit: Further Information
The Answer does not have to be an all out knock-down denial. In fact, it can and should admit those things that are incontrovertible and not in reasonable dispute. This would include such things as if you are living at a certain address, that you...
Injunctions and Restraining Orders
Do you need to immediately stop someone from doing something? Or do you need to make someone else act? An injunction, protection order, or restraining order may be your answer. An example of what an injunction may be used would be to prevent an employee ...
What to Gather if you Have Been Sued and are Filing an Answer
Usually, but not always, the response to a Complaint is called an “Answer.” An Answer is a legal document that sets out several things. First, it can deny outright or in part any fact or claim in the lawsuit. Second, it can admit things. For example, it...
Don’t Get Squeezed by a Lemon: North Dakota’s Lemon Laws
Written by Joseph Wetch It seems that new cars are becoming more and more expensive. The cost of steel keeps going up and with tariffs imposed on much of the foreign steel making its way to the United States, that trend does not seem to be ending...
Finding a Lawyer
Usually, you should hire an attorney when you become involved in a lawsuit. While you may do it yourself (e.g., acting pro se), hiring an attorney usually avoids costly mistakes. Initially, you have a decision to make, which is what type of attorney do...
Beginning and Responding to a Lawsuit
Most people have little idea about how a lawsuit works. This is true even if they are currently involved in a lawsuit! Nevertheless, if you find yourself in a lawsuit you should know how the system is designed to resolve disputes between litigants. A lawsuit is...
What is Patent Profanity?
December 31, 2021 What is Patent Profanity? Patent profanity is a real thing. It is kind of an odd concept, but yes it is a real thing. Different people have different standards as to what patent profanity actually is, but there are some general guidelines which...
A Business Partnership Is Like a Marriage
NOVEMBER 6, 2020 A Business Partnership Is Like a Marriage A business partnership is like a marriage. One attorney friend of mine once told me, you need to date before you get married. My friend was talking about business partnerships and how to pick the right...
Are Non-Compete Agreements Enforceable in North Dakota?
Are Non-Compete Agreements Enforceable in North Dakota? As any typical attorney would say, it depends. The North Dakota Supreme Court has recognized "North Dakota has a strong public policy against non-compete agreements." In general, North Dakota has been quite...
How To Keep Someone From Stealing Your Idea
August 5, 2021 How To Keep Someone From Stealing Your Idea There are four basic methods to protect an idea from being taken by a competitor. The methods include a patent, trademark, copyright, and trade secret. Using contracts is also a good practice to protect...
What is the Difference Between a Trademark, a Patent, and a Copyright?
What is the Difference Between a Trademark, a Patent, and a Copyright? Often people get confused as to whether they need a trademark, a patent, or a copyright. Though they are all similar forms of intellectual property that are filed with the United States...
Five Common Reasons a Business Gets Sued
Five Common Reasons a Business Gets Sued Businesses commonly get sued for a variety of reasons. There are endless ways a business can get sued, but generally speaking the following five are some of the more common reasons. The following isn’t a conclusive or...
How Do I Sell My Business? How To Buy a Business?
JUNE 25, 2021 How Do I Sell My Business? How To Buy a Business? Selling a business can be a complex and confusing process. There are a variety of methods and approaches to take when selling or buying a business. In general, I generally classify the transaction...
What Is the Patent Classification System?
JUNE 18, 2021 What Is the Patent Classification System? Patents are generally classified using two different systems. The systems used to classify patents include the International Patent Classification (IPC) and the Cooperative Patent Classification (CPC). Both...
What is a Trademark?
JUNE 4, 2021 What is a Trademark? A Trademark is a name, symbol, or device which identifies the source of the product or service. Registering your trademark provides some distinct benefits in protecting your brand. Trademarks protect a brand in all 50 states when...
When Do I Need a Trademark?
MAY 28, 2021 May 2021 Email - When Do I Need a Trademark? This month I wanted to provide some information about when it is a prudent decision to register a Trademark with the United States Patent and Trademark Office (USPTO) on your brand. A Trademark is a name,...
The Stages of Licensing an Invention
APRIL 29, 2021 The Stages of Licensing an Invention When I talk to my clients I like to be clear that a patent only derives value from the business operation or business plan behind the idea. A patent grant in itself isn’t valuable; it is the...
What Kind of Patent Do I Need?
What Kind of Patent Do I Need? There are three main types of patents and a variety of subcategories. The three main categories include utility patents, design patents, and plant patents. Of the three, the most common is the utility patent. The second most common...
LLC Versus Corporation
LLC Versus Corporation When a business owner or entrepreneur considers forming a business entity, they frequently ask the question as to what entity is the best to choose. The two most common entities are Limited Liability Companies and Corporations. The two...
Check Out the New Brand Video
FEBRUARY 24, 2021 Check Out the New Brand Video This month I wanted to share with you Fargo Patent & Business Law’s new brand video. We had this put together to help communicate just how the firm strives to provide a high-quality legal service. The video...
Where Did the Name Fargo Patent & Business Law, PLLC Come From?
JANUARY 27, 2021 Where Did the Name Fargo Patent & Business Law, PLLC Come From? Fargo Patent & Business Law, PLLC is a great name. It communicates two basic service concepts. The name Fargo Business Law or the name Fargo Patent Law could have been...
Preliminary Patentability Search or Preliminary Patentability Opinion
DECEMBER 18, 2020 Preliminary Patentability Search or Preliminary Patentability Opinion Inventors often ask the question, can my idea be patented? Patents can cover a tremendous amount of subject matter. There are some limitations but generally speaking when it...
Fargo Patent & Business Law and Small Claims Court
Fargo Patent & Business Law and Small Claims Court A business in Fargo from time to time may have a minor legal dispute or small collection issue come up. In North Dakota small claims courts hear disputes up to $15,000. Small claims court is very laid back...
How Are Attorneys Paid and Is There a Conflict of Interest?
How Are Attorneys Paid and Is There a Conflict of Interest? Attorneys are paid in a variety of ways. There is a list of pros and cons you could create for each of these ways. I want to briefly go over a few of the different ways attorneys get paid and some of the...
What Should I Do If I Have a Disagreement With a Business Partner?
OCTOBER 28, 2020 What Should I Do If I Have a Disagreement With a Business Partner? If you have a business dispute with a partner, your best approach is to try and settle it quickly and without going to court. Litigation and legal expenses can become very...
What Should I Do If My Business Receives a Demand Letter From an Attorney?
What Should I Do If My Business Receives a Demand Letter From an Attorney? Most businesses at some point receive some form of demand letter from another party or lawyer. A client or customer may send a letter to your business from their attorney because they are...
Business Disputes and How an Attorney Can Help (or Not)
Business Disputes and How an Attorney Can Help (or Not) Should I hire an attorney to help settle a business dispute? It is an unfortunate reality that many partnerships end up in some form of dispute. This may be because the business plan didn’t work out as well...
What is a Fractional In-house General Counsel or a Fraction Chief Legal Officer?
JUNE 11, 2021 What is a Fractional In-house General Counsel or a Fraction Chief Legal Officer? According to salarly.com the median salary of a General Counsel in Fargo is $316,490. Whether this is accurate or not, I don’t know, but needless to say the...
Provisional Patent Applications
MAY 14, 2021 Provisional Patent Applications Provisional patent applications can be a good first step in commercializing an idea. Now a patent, whether it is a provisional or a nonprovisional, is not the sole answer in making money on an invention. A patent is...
