While trademarks and service marks are one method by which a business can add value to and protect its brand, non-compete agreements, non-solicitation agreements, and non-disclosures are also mechanisms by which a business can place itself in a position to more easily enforce its rights and protect itself. However, there are certain legal restrictions that apply to some of those documents leading one to the recommendation of “don’t try this at home”. Business owners that elect to create their own contracts or download these documents from an unknown source and opt not to invest in expert business law advice, such as that from Florida Bar Board Certified business litigation lawyer David Steinfeld of the Law Office of David Steinfeld, usually create a bigger and more expensive problem for the business later.
A business that relies on its self-created documents can, for years, believe that it is protected by such defective documents only to find out when it tries to enforce them that the business is unprotected, has exposed its proprietary and confidential business information, and created its own competition that can damage or destroy the business. After spending years and significant sums to grow a business, one of the worst imaginable issues that the owner or owners can face is learning that they are helpless to fight off an attack from a former employee or new competitor who has absconded with what the business owner thought was protected proprietary business information.
Thus, sophisticated business owners invest the time and money to consult with Florida law business experts like David Steinfeld to understand the options available to them and to be able to make informed decisions on those points, which avoids more costly future disputes ever time.
When a business opens in Florida, it will generally either provide a service or sell merchandise. In either case, the intent is usually to operate the business to earn a profit for its owners and to that end they strive to market and promote the business to increase sales and generate that profit. But, what many business owners overlook in their quest for growth is the need to protect and insulate the business from attacks. Such battles can develop internally, which is why governance documents, like operating agreements for LLCs or bylaws and shareholder agreements for corporations, are beneficial. These fights can also come from employees or independent contractors from adjacent to or outside the corporate entity or from competitors or vendors outside the business.
Protecting the brand of a business promotes the growth and development of the business and enhances the possibility for profit that the owners seek. Protecting a business in this regard is not limited to the filing of a trademark application on Sunbiz, for example, but is an operational program as to how the proprietary information of and developed by the business can best be protected. Designing such a program for the business is a service provided by David Steinfeld and the Law Office of David Steinfeld.
David Steinfeld - The Palm Beach Business Lawyer