Prevent IP Infringement Before You Launch
Comprehensive trademark & patent review prior to launching your private label product.
When you sell on Amazon or through an ecommerce website, your product is entering the global economy. That’s why it is important to ensure that your private label products do not infringe on other’s intellectual property rights. By conducting a pre-production IP review, we can help you spot potential IP dangers with proposed private label products before you invest significant capital into your inventory and launch, while significantly lowering any risks to your assets.
What We Look For:
We will search existing patent databases in the United States to see if there are any existing patents covering your proposed private label product. We will advise you of any existing patents which could be deemed to be infringed by your proposed product, so that you can make an informed sourcing decision.
We can search for potentially problematic trademarks that could be infringed by your proposed brand, product name, or logo.
How do I protect against Infringement Claims?
One of the most effective ways to prevent an infringement claim is to hire an experienced patent attorney to perform a thorough patent and trademark search. By hiring an expert to perform a patent and trademark search, you not only have the piece of mind that your design/item does not infringe, but you can prevent costly infringement. Remember, if you import an infringing product, you can be subject to fines, impounding of items at the port of entry, and potentially litigation for patent or trademark infringement.
When You Want to Protect Your IP, You Need an Experienced Legal Team
If you are serious about protecting your business with intellectual property, you need licensed attorneys to represent you. Hiring an attorney allows you to sleep well knowing that your experienced patent attorney is using their experience and knowledge to help further your business goals. Nobody without a law license in good standing should give you advice about patents: not only are they not qualified to help you, but in most states it is considered unlawful practice of law.
Private Label Product Launch Legal Review Services
Company Formation Services Starting An LLC, Partnership Or Corporation? We Can Help!
Choosing the wrong organization for your business can cost you thousands of dollars and potentially leave your company vulnerable. Let our experts guide you down the right path & help you focus on what really matters, growing your business! If you’re a seller on Amazon, we can help supply you with the proper documentation and implement the correct changes to ensure your account doesn’t become suspended.
Your Full-Service Company Formation Law Firm
We can help ensure your filings are all in order to begin selling the right way. From incorporation to LLC formation, we can help you by providing advice on the correct legal structure, provide you with proper documentation, and can also help file your paperwork for you.
If you are an existing seller, you may find it is time to change from a sole proprietorship to an LLC or Corporation. We are happy to help give you advice on the consequences of this action, as well as guidance and help filling out the necessary documentation to achieve your entity change. Additionally, we can help walk you through the process with Amazon, and help you supply the necessary documentation so that your legal entity change is implemented properly and without causing your account to be suspended.
We Handle Contract Drafting, Review, and Enforcement
A Good Contract is the Foundation of a Successful Business
We have the experience to help you create (draft), negotiate, review, and enforce contracts for your eCom or Amazon Business.
When you grow your business, you will undoubtedly be asked by suppliers, manufacturers, or other parties to sign contracts. If you need a contract, or need help interpreting or negotiating a contract, we can help. Our attorneys are able to help you review proposed contracts, suggest changes to protect you, and can help you preserve your rights in the event the other party fails to uphold their obligations under the contract.
Inadequate Contracts Can Result In Serious Financial Loss, Confusion Between Parties & Many Other Issues
Nearly every seller will need some type of contract during the growth and operation of their ecommerce or Amazon business. In fact, some sellers enter into contracts on a regular basis, especially private label sellers who use contracts when sourcing inventory or transportation services. Every contract that you or your business enters into should be carefully drafted and reviewed to ensure that your business’s legal rights are protected, and that the contract does not create any unnecessary liability or extra cost for compliance. For example, some parties may want you to sign a “Personal Guarantee.” While a personal guarantee doesn’t sound scary, it can create personal liability for the person signing it, and therefore should be carefully reviewed and negotiated to limit its scope and applicability.
Many business owners do not know the principles of contract law, and may turn to Google or a “guru” for sample contracts. However, this approach is dangerous to your business, as these contracts rarely cover all the bases that are necessary to protect your business rights. Furthermore, these contracts may be based on a state law other than where you live, and therefore may contain clauses that are unenforceable in your state.
For these reasons, it is very important that you engage an eComAttorney that understands both Amazon and eCommerce when drafting contracts for your business. If you are presented with a contract, our experienced attorneys can evaluate the terms, recommend changes, and negotiate for terms that protect and benefit you. Additionally, if you already have a contract in place, and the other party is not upholding their obligations, our attorneys can review the contract and advise you of your rights to enforce the contract.
What about online services, and DIY websites?
If you’re a small business owner, it’s likely that you’re a savvy entrepreneur who is looking to save money wherever you can. As a result, you may be tempted to use one of the several online do-it-yourself legal services to draft your essential business contracts. These services tend to be much cheaper than retaining an attorney and allow you to “plug in” your relevant information and out pops a contract. What could go wrong?
Unfortunately, the answer to the question posed above is “a lot.” Contracts that are not carefully tailored to the specific circumstances at hand and to the jurisdiction in which they will be executed can result in significant unforeseen consequences and may even be completely unenforceable. Imagine that you find yourself in a dispute with a vendor that you believe can be resolved through a straightforward legal action to enforce your contract only to find out that it does not comply with the laws of your jurisdiction and is completely worthless. At that point, it’s certain that you will wish that you had spent the extra money to have an attorney draft you a contract specific to your needs.
A lawyer can do many things that an online service cannot. These include:
- An attorney can take the time to thoroughly understand the ins and outs of your business, allowing him or her to recognize liabilities that you may not have even known existed.
- A lawyer can evaluate your employment relationships and draft contracts that protect your intellectual property and also help you recognize non-contractual liabilities that may arise from your employment practices.
- An attorney will be able to draft contracts specific to your customers and vendors, ensuring that all issues unique to your business model are addressed.
Common Types of Contracts We Help With:
- When you’re starting a new business (Operating Agreement / Bylaws)
- When you’re hiring a new employee (Employment Agreement)
- When you enter into a new relationship with a vendor, manufacturer, or distributor (Distribution Agreements)
- When you modify an existing relationship with a vendor, manufacturer, or distributor
- When you bring on a partner or investor (Buy-Sell Agreements, Operating Agreements)
- When you dissolve an existing business (Wind-Down Agreements)
We help clients minimize legal spend when they need to start or defend litigation.
While we are zealous advocates in the courtroom, we never pursue litigation as an end in itself. Using a client-centric approach, our lawyers craft practical, cost-effective strategies to achieve your business objectives—whether you seek a quick and quiet settlement or a high profile, bet-the-company win. And because cost is a critical consideration, we work closely with clients to devise fee arrangements that align our interests and provide greater price predictability.