Litigation!
The standard of proof in a civil lawsuit
What is "preponderance of the evidence"?
The three essential elements of a valid contract
What are "offer, acceptance, and consideration"?
The simplest and least expensive type of business to start.
What is "a sole proprietorship"?
A business can protect its name, logo, or slogan from competitors by obtaining this.
What is "a trademark"?
The process where both parties exchange information and evidence before trial
What is "discovery"?
When hiring an independent contractor, you should use this type of agreement to outline the scope of work and payment terms.
What is "an independent contractor agreement"?
This type of business structure protects personal assets from business liabilities.
What is "an LLC or a corporation"?
Before applying for a trademark, a business should search this database to check for existing similar marks.
What is "the USPTO database"?
A type of alternative dispute resolution that parties can use instead of litigation.
What is "mediation" or "arbitration"?
This contract clause allows a party to cancel the agreement if specific conditions aren’t met.
What is "a termination or contingency clause"?
In North Carolina, a business must file this document to form an LLC.
What are "Articles of Organization"?
This legal concept prevents businesses from registering trademarks that are too similar to existing marks in a way that might confuse consumers.
What is "likelihood of confusion"?
The type of court in North Carolina that handles business disputes where the amount in controversy is less than $10,000.00
What is "small claims court"?
This contractual provision restricts former employees or business partners from taking customers or employees from their previous company.
What is "a non-solicitation clause"?
This tax classification allows an LLC to avoid double taxation by passing income through to the owners.
What is "S Corporation (S-Corp) status"?
A trademark must meet this legal requirement to qualify for federal registration and protection.
What is "use in commerce"?
A business has this many days to respond to a lawsuit before a default judgment can be entered against it in North Carolina.
What is "30 days from the date of service"?
In a business partnership or LLC, this clause determines how ownership interests will be transferred if an owner dies, retires, or leaves the company.
What is "a buy-sell agreement or clause"?
If a business owner fails to maintain proper separation between personal and business finances, a court may do this, holding the owner personally liable.
What is "pierce the corporate veil"?
If a business does not actively monitor and enforce its trademark rights, it risks this legal consequence, where the mark becomes unenforceable.
What is "trademark dilution or abandonment"?