Welcome to Business Law Results
This website serves as an information hub for those planning on starting a business that involves serving alcohol or creating a new product or service for commercial purposes.
Who needs to understand state and federal liquor laws?
Businesses serving alcohol on-premise and off-premise.
Who needs to understand patent, trademark, and copyright laws?
Someone who makes new electrical or mechanical devices that perform some kind of function or someone that invents new ideas or methods on how to do things who are also looking to profit commercially must understand patent, trademark, and copyright laws. Many devices created by inventors may be infringing on existing patents due to the complexitiy of some devices that may be using patented parts contained within them without the inventor realizing this.
A person who starts and runs a new business or organization must be familiar with business law to the extent that it effects their product or service. This may include patent, trademark, and copyright law as well as state and federal liquor laws.
Content Producers (This includes the Internet)
Those who publish digital content frequently online are responsible for adhering to the same copyright and trademark laws as those who publish in print offline. Namely, understanding the DMCA (Digital Millennium Copyright Act) and making sure all content published online is done while following it's guidelines.
The distribution of copies of content to the public under the Berne Convention requires that this can only be done with the consent of the copyright holder (initially the author). In the Universal Copyright Convention, "publication" is defined in article VI as "the reproduction in tangible form and the general distribution to the public of copies of a work from which it can be read or otherwise visually perceived." In providing a work to the general public, the publisher takes responsibility for the publication in a way that a mere printer or a shopkeeper does not. For example, publishers may face charges of defamation, if they produce and distribute libelous material to the public, even if the libel was written by another person.
When a business entity is formed around a new product patent, trademark, and copyright laws must be followed. Depending on the complexity of the technology, there may exist several details in the form of patented parts that are part of a device that is, or is a part of, the product.
Typically a newly emerged, fast-growing business that aims to meet a marketplace need by developing or offering an innovative product, process or service. This usually involves a rapidly developing a scalable business model. Many times the speed that start-ups are put together results in start-ups facing legal problems at the copyright, trademark, or patent level simply because business law can be easily overlooked during a fast growing start-ups early stages.
Small Businesses, Mid-sized Businesses, Large Businesses
Business of all sizes and types must be familiar with patent, trademark, and copyright laws for multiple reasons. Not just for the sake of protecting their product or service but making sure their marketing and advertising is compliant as well.
For example, A company logo can be infringeging on another company's intellectual property causing legal problems for both parties.
The craft beverage industry particularly involves several business laws that must be adhered to at a state and federal level. When a business creates there own alcoholic beverage both liquor law and trademark law must be understood and followed. The business owner (or owners) can face legal consequences for failing to do so.
New business laws and regulations come into effect regularly so it is important for business owners to be up to date and have a firm understanding of any new changes.
The result of failing to follow proper business law can result in suspension fines and even jail time.