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Why Intellectual Property Audits are Important for Business
Now more than ever, intellectual property comprises an irreplaceable and crucial part of any company's success and its competitive edge. IP embodies many different forms, such as patents for innovative and handy features which make products more desirable, or design patents which protect how the products looks; trademarks which protect names, logos and symbols used to identify and distinguish a company and its products; trade secrets which protect customer information, supply chain info, formulae and recipes; copyrights which protect software, artwork, written work, marketing materials and guides. For these reasons and many others, properly managing the intellectual property that your business has access to is absolutely vital for paving the road to both short term and long term success in your industry.Business Intellectual Property Audits
It used to be the case that most businesses actively focused on acquiring tangible assets but in recent years the trend has shifted such that the acquisition and management of intangible assets, like intellectual properties, has become far more important for most businesses. This trend owes itself to the importance of internet business and e-commerce. Now, businesses increasingly understand and recognize the need to garner their intellectual property as that may very well be the unique asset that sets apart their brand from all the others.Intellectual Property Rights and Laws
It is important to understand intellectual property rights and laws when auditing your intellectual property. With the rising significance of IP assets, most companies can greatly benefit from an IP audit, which is a complete, systematic review of a company's intellectual property assets and its associated risk and opportunities. IP audits are so vital because they can assess and enhance a company's IP assets, correct any issues in intellectual property rights, put underutilized IP to better work, identify any risks that a company's products may infringe upon another's IP rights, and put forth more efficient IP management habits and practices. A truly thorough IP audit will not only review and assess a company's IP acquisitions, but also its IP-related agreements, contracts, policies, and even its competitors' IP assets in a related industry or field.Who Conducts Intellectual Property Audits?
Since intellectual property rights and laws are very complex and vague, IP audits are conducted by a lawyer or law firm that specializes in intellectual property law. The company will appoint someone for the lawyer to work with, ideally someone from the company that is aware of the technical details of the company's business and their IP assets. Typically, most companies will not know much about IP so the lawyer will usually provide an educational overview of IP and make some suggestions on how the company's existing IP rights can be protected and improved based on the preliminary information they are provided regarding the company's IP. At this point, the audit continues to go more and more in-depth, potentially involving other key employees who are involved in the creation or acquisition of current and prospective intellectual property or technology for the company, with each person contributing their knowledge surrounding its research, development, sales potential and marketing outlook. If the company already has a greater awareness of IP, the lawyer can engage in discussions surrounding the company's IP portfolio and its competitive positioning in their industry with relation to market trends and future demand.Benefits of Intellectual Property Audits
As we implied, IP audits have huge potential benefits for companies but their scope and purposes can be tweaked to better suit the company being audited. For instance, general use purpose audits are wider and "bigger picture" in scope and they can be hugely helpful to start-ups and established corporations alike to both assess and protect their IP in addition to clearly outlining their future IP development needs. On the other hand, event-specific IP audits can be incredibly useful for companies that need to:- Measure the potential impact and value of acquiring, selling, or licensing IP;
- Determine IP rights and potential risks surrounding the acquisition or production of a new service or expansion into a new market;
- Investigate how well licensees are complying with set terms and agreements;
- Clarify the potential risks that come with adopting a new trademark or branding direction;
- Quantify the impact that comes with a key employee's departure surrounding IP rights and market value;
- Contend with the ramifications of the expiration of IP rights as well as changes in competitors' IP rights;
- Highlight the company's value to provide for financing or investment expansion or prepare its value overview for a merger, joint venture, or sale;
- Assess infringement claims from a third party and its possible consequences to the company
- Improve the power and integrity of trade secret protection contracts and agreements.
How Can IP Audits Be So Important?
- They show you what IP is yours
- The thing about intellectual property is that it's here to stay. Because it's now more important an ever before to protect and look after your company's IP assets, it pays huge dividends to understand how to best care for it. Any successful business is well-managed and meticulously careful regarding its branding, products, and customer experience–of which intellectual property plays a more involved role with each passing year.
- So, since intellectual property is part of business, it necessitates management just like inventory, equipment, and company productivity. If a company doesn't know what IP it has access to, then it can't manage that IP nor protect it from infringement. As such, perhaps one of the most important things an IP audit can offer any company is also perhaps one of the most basic pieces of knowledge and awareness–informing the company about which IP it owns and has exclusive rights to, so that the company can make effective executive decisions regarding its protection, development, and licensing.
- Further, any already-existing IP contracts, like licensing agreements, independent contractor or consultant agreements, transfer and settlement agreements, and joint ventures can all be reviewed to make sure that your IP rights aren't being misused.
- They point out how to make the IP you already own more valuable
- Having your company's IP protected by the law is a vital step towards pre-emptively preventing any future infringement, as well as protecting your assets in the event that it does happen. Intellectual property has a melange of state and federal laws which uphold and protect it so long as the government recognizes the IP. Thus, an IP audit can serve to identify any kind of error or mishandling on the company's part toward its own IP. That way, the IP audit can shed light on which errors need to be corrected and which pieces of intellectual property still need to be patented, copyrighted, etc. These seemingly simple fixes are crucial to making sure your company maintains the exclusive rights to your IP.
- IP audits bring to light new opportunities and ways to make profit from your IP
- Intellectual property law is intentionally vague and has many loopholes and cracks that can be exploited. Many executives, businesspeople, and even non-IP lawyers will not fully understand the subtle differences between copyrights, patents, trademarks, and trade secrets, much less which are relevant and applicable to your company's assets. Further, they would not know the creativity and craftiness that is needed to obtain a U.S. patent or even which things are capable of being patented, or where the limitations of the patent would lie. Since they aren't aware of any of the aforementioned, they also would not be aware that new commercial and business opportunities in both domestic and global markets can be tapped into through clever IP licenses and that competitors' efforts to obtain IP can be stopped and monitored along the way. Therefore, a huge value of IP audits is that it teaches executives, inventors, and marketers of your company about the value of IP and how to actively protect your IP opportunities before they are lost to another company or brand.
- IP audits prevent expensive disputes and legal battles.
- Because intellectual property litigation is very costly and consulted, the stark reality is that most smaller companies oftentimes get forced to forgo litigation even when they have a winnable position. IP audits can assist these companies in anticipating future areas of dispute and can aid them in planning effective avoidance strategies. For instance, an audit may identify a need for a freedom-to-operate study, which determines competitors' conflicting IP rights and options such as designing around, licensing, or anonymously challenging competitors' rights to the designs themselves. As such, an audit identifies weaknesses in the audited company's IP rights that can be addressed and remedied with timely actions, resulting in stronger rights that are far less likely to get challenged once those rights are asserted.
- IP audits optimize business and further facilitate it.
- Because intellectual property has become such a huge player in modern industries and in online commerce, its monetary value is more important than ever. Since an IP audit provides companies with an up-to-date understanding of their IP assets and its value, the companies' leadership is better equipped to deal with opportunities which may come up, such as a third-party offer to buy up the company, or a new sales or expansion opportunity that requires financing.
- In conducting these kinds of IP audits, it's most useful to may attention to:
- Valuable product features that can be but aren't yet patented,
- Fixable issues in existing patents,
- Invalid or incomplete employee agreements that pose a risk to competitors' access to trade secrets,
- Trademarks that are crucial to companies' identities that are not yet sufficiently protected from copying,
- Product designs, builds, and configurations that can be but still aren't protected by design patents,
- Patent and trademark royalty payment terms that have been ignored or violated,
- Missing notices of patent, trademark, and copyright that limit the company's authority to enforce IP rights and to claim damages, and
- Lucrative opportunities for licensing IP into new markets.
- IP audits are directly responsible for millions of dollars worth of quantifiable benefit and profit to companies and corporations, especially for payment of patented tech that was not originally thought of as patentable.
The Difference Our Los Angeles Intellectual Property Lawyers Can Make is Huge
Here at KAASS Law, we value our clients' intellectual property above all else because we recognize the innovation and creativity that it takes to create new and groundbreaking ideas, inventions, and designs. We protect our clients' IP like our own because we understand its true value to the company and to the company's morale and identity. We have worked with many individuals, entities, and businesses to assess, evaluate, defend and diversify their IP assets. If you feel that your company has been underplaying the value of their IP, or even been completely unaware of just how significant a role that kind of asset can play, then we definitely encourage you to give us a toll free call at {meta.phoneFormatted} to speak to our experienced intellectual property lawyers today. We work with our clients to make sure they always have the competitive edge in their respective industries and to ensure they understand their own worth and value. Knowledge and awareness can make all the difference when dealing with intellectual property so please do not hesitate to get in touch with us about any questions or concerns you may have. KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted} KAASS Law is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS Law expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS Law does not represent you unless you have expressly retained KAASS Law in person at the KAASS Law office. KAASS Law helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda. - Read More
California Non-Disclosure Agreements Done Right
California Non-Disclosure Agreements In the modern, competitive workplace, maintaining an edge over your competitors' ideas and innovations has never been more important to the success and longevity of your enterprise. For this reason alone, non-disclosure agreements have become ubiquitous and commonplace across many industries. The fear of secrets, designs, and upcoming ideas or trends leaking out is so prevalent that many companies struggle to contain their own in-house secrets and methods from their competitors without subjecting their own workers to intense scrutiny. However, this is where some of the advantages that come with non-disclosure agreements shine through.Non-Disclosure Agreements For Business New Employee Hires
Think of it this way: when a business hires a new employee, the very last thing they want out of their new member is for another company to swoop in with a more lucrative offer to steal the employee...especially if the new employee has had some time to learn about the company's trade secrets and confidential information. Having a key employee or asset leave your company and work for a competitor can be disastrous because of the secret information the worker may have had access to while they worked for you. If they manage to share those secrets with a competitor, then you may very well risk losing your competitive edge in your industry.How Non-Disclosure Agreements Can Help Businesses
On that note, non-disclosure agreements can help business and prevent this whole situation from ever arising by simply preventing your workers from disclosing or even talking about company secrets and confidential information. However, generic non-disclosure agreements are of little use to most businesses, because each company has its own niche and thus, its own secret information. As such, the best non-disclosure agreements are the ones which are specifically tailored to a company's needs by an attentive business lawyer. That way, you can be sure that the non-disclosure agreement touches upon all of the relevant points for your company.Contents to Include in Non-Disclosure Agreement
As far as non-disclosure agreements go, it's always very important to be particular with what you outline in the contract. Tailoring the agreement to your needs is key to an enforceable and successful agreement that can hold up well in court. So, before making your employee sign your non-disclosure agreement, you'll want to take a closer look at the contents of the agreement first. Make sure that your agreement mentions:- A specific way in which the non-disclosure agreement is effective
- For example, if your business has secrets which contain information that will always be confidential (such as secret recipes for food, algorithms for software, for a secret formula for a blueprint) then your agreement had better reflect that. In such cases, the agreement has to specify that the employee cannot disclose the information at all; the indefinite nature of the agreement is necessitated by the confidential nature of the information at stake. It should also clearly outline the policies and protocols or procedures that the employee must follow in order to prevent unjust disclosure.
- A thorough definition of what constitutes "confidential information"
- Despite the fact that it may seem entirely obvious to you, an agreement that does not specify what is "confidential information" or what counts as trade secrets, will have little to no benefit to you since it will be very hard to enforce such a vague and unclear agreement in court. To avoid this scenario, the agreement can either specifically call out particular bits of information that employees should not share, or it can alternatively describe "confidential information" in enough detail so that any new employee will receive adequate notice as to what kinds of information are not to be shared.
- An outline of possible consequences or remedies
- Even if your new employee signs off on a non-disclosure agreement, there is always a chance that they will still violate the terms of your agreement. In fact, there is even a legal term for this: inevitable disclosure. For these situations, your agreement should specify what type of compensation you will be entitled to in the event that a breach occurs. The types of remedies for a breach include monetary compensation for damages to your business as a result of the leak of confidential information, as well as attorney fees incurred throughout the process of enforcing the non-disclosure agreement.
- A specific way in which the non-disclosure agreement is effective
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Legal Definition: Quasi
Adjective / Adverb Quasi comes from Latin, meaning not fully, partly, or somewhat Synonymous: alike, partly, mimic, pertaining some qualities, in part, resembling, having attributes of Analogous: fully, all, entirely, not at all Example: A Temporary Restraining Order hearing is a Quasi–Criminal proceeding. KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted} Our lawyers in Glendale, Los Angeles, CA at KAASS Law are authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. - Read More
Legal Definition: Temporary Restraining Order
A temporary restraining order (TRO) is a type of Injunction. A TRO restricts contact with the applicant until the hearing date of the Temporary Restraining Order Hearing. It is limited in time and can be secured with or without notice to the Respondent, depending on the circumstances. outlined in the California Code of Civil Procedure. A TRO hearing can be considered a quasi-criminal proceeding. Both the Applicant and the Respondent have the right to a restraining order attorney at the hearing.KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted}
KAASS Law is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS Law expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS Law does not represent you unless you have expressly retained KAASS Law in person at the KAASS Law office. KAASS Law helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda. - Read More
Protecting Consumer Data: Privacy is a Right, Not a Privilege
Protecting Consumer Data
All of the apps and online services you use track, collect and distribute your usage patterns and demographic information. However, some companies put much more emphasis on protecting the data of their consumers, whereas others go out of their way to collect and analyze as much of their users' data as they can. The ever-increasing gap between companies' ethos and philosophy toward user privacy has reached a turning point. On the one hand, you have companies like Apple that have built up a brand and a reputation for standing with their customers by protecting and encrypting their data as much as possible–at times even making that data completely inaccessible to Apple itself. Then again, on the other hand, you have companies like Google that go out of their way to gather as much data and information as possible from their users, without paying nearly as much thought as to how to contain and protect that data from breaches and hacks. As a consumer, these increasingly polarized attitudes and approaches toward the issue of privacy should definitely strike a chord, and at least raise some questions for thought.
What Kind of Personal Data Can A Company Collect
One of the questions that might come to mind is whether or not you actually have any say as to how often or what kinds of data companies can collect from you. Unfortunately, the answer isn't as cut and dry as a yes or no. The reality is that privacy laws vary immensely depending on the industry, type of service, and location of the company providing the app you are using. As such, the level of accountability and transparency that businesses must meet are quite different from one another. What this means in real world situations is that a customer cannot have universal demands or expectations from businesses and companies regarding their privacy. While this is hugely inconvenient, there is a silver lining in the form of your own decision making. Though you alone cannot control the laws governing the ins and outs of these companies, you can make an educated decision as to which services you choose to use and to what extent you wish to use them.
Agreeing to Terms Regarding Types of Data Gmail and Facebook Can Collect
For example, upon creating an account for Gmail, Twitter, Facebook iCloud and the like, you will typically be presented with a series of options regarding data and diagnostics. While most folks usually just take the easy route and skip ahead using the default settings, it is definitely worth your time to stick around and explore a bit. By taking a second look at what you are agreeing to, you may notice a couple of things that genuinely surprise you. It's amazing how much these companies can get away with gathering from your usage and many people probably would not be as comfortable using those services, if they understood the extent of the access these companies have regarding your private data. By taking a couple of minutes and reading up on your options while signing up, you can actually limit several major pieces of information that these companies have access to, such as browsing and crash data, frequency of use, and general statistics about your areas of interest and demographics.
Privacy and Data Collection
As for the things you cannot control, there is little else you can do about that outside of finding another company that provides a similar service that values your privacy more than its data collection. Some things you can't easily limit access to include anything the company exempts or says it needs from you in order to provide their service in their privacy policy and anything else that they can gather ‘publicly' from your browsing or usage. Certain bits of information are personal but not identifiable, meaning that they cannot see who the data is from nor any identifying characteristics of the user. While it can definitely be scary to think of all the data these companies have collected from you, you should know that usually the data is only used internally. What this means is the company that collected your data while you used their app or service will only use that data to improve the quality and performance of their site or product. The upside of this is your data will not be pawned off to other companies, but the downside is that less and less businesses give you that level of privacy as an option.
Selling Data Information Collected
The classic example of a company that is more than willing to sell and barter away their gathered information is Facebook. To be clear, Facebook is a company which has millions of active users and their database of users is quite diverse, covering many different spheres and communities. As such one would think that Facebook would understand and value their users' privacy by respecting and protecting it...but no. Facebook instead takes the much more lowly route of simply hoarding as much user data as possible and then selling this data to third party companies for a massive markup and profit. Perhaps the most insulting aspect of this shady business practice is that it happens almost entirely in total secrecy, without any notice or heads up given to any of the user base. As a result of their recklessness, Facebook CEO Mark Zuckerberg has had to appear before Congress to explain the company's actions and decision making processes, especially in light of recent hacks and security breaks which have exposed millions of users' profiles, photos, friend lists, and other private data without their permission.
Limiting the Amount of Data Which Can Be Collected from Your Activity
In light of these now public scandals, most consumers have reached a point where they just want to enjoy the services they need without a constant fear of being tracked and the worry of having their collected information leaked publicly. For your own privacy and security, we recommend to do some searching around to see if the particular apps and services you use have strong options for limiting the amount of data that can be gathered from your activity, as well as checking up on the overall reputation of that company as it is relevant to user privacy. Even a simple internet search can bring up any major scandals, side deals, security breaches, and common privacy concerns regarding any given company. By checking out some articles like this one here, you can learn so much more about how your data and privacy are treated on the internet and what you can do about it on your end.
Our Privacy Lawyers Can Help
Our goal here is to empower you with some of the basics regarding your rights to privacy and how data collection works on different platforms. At KAASS Law, we stand with our clients and we believe that privacy is a right, not a privilege. If you have any other questions or concerns regarding your online privacy and how you can take control of it, don't hesitate to get in touch with us. We invite you to reach out to us with any problems or cases you may have by giving us a toll free call at {meta.phoneFormatted} to speak to one of our lawyers today.
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Temporary Restraining Orders "TRO" in California
California Temporary Restraining Orders "TRO"
A Temporary Restraining Order, "TRO", is issued by a court which temporarily protects people from Civil Harassment, Workplace Violence, Domestic Violence, and Elder Abuse or Dependent Adult Abuse. A TRO directs the abuser to not contact and abuse the victim. It regulates and restricts the behavior of the abuser. A TRO is generally issued for 21 days. In some cases it can last a bit longer, usually until the abuser is served with the TRO. There are several types of Restraining Orders.Domestic Violence Restraining Orders
Domestic Violence Restraining Orders – Domestic Violence Restraining Orders require a special relationship between the parties such as: married or registered domestic partners, divorced or separated, dating or used to date, living together or used to live together, or persons closely related by blood such as parent, child, brother, sister, grandmother, grandfather, in-law.How to Obtain a Domestic Violence Restraining Order?
To obtain a domestic violence restraining order the victim must prove by a preponderance of the evidence that the victim has suffered some type of abuse which could include bodily injury, including causing or attempted to cause bodily injury, sexual assault, or show that the victim has been placed in reasonable apprehension of receiving imminent serious bodily injury.Workplace Violence Restraining Orders
Workplace Violence – An employer may obtain a restraining order to protect an employee from being subjected to unnecessary violence and threats of violence at the workplace. The restraining order extends protection to certain family members or household members and other employees at the workplace.Civil Harassment Restraining Orders
Civil Harassment – Restraining Orders involving Civil Harassment(s) there does not need to be a special relation between the parties. A civil harassment restraining order is issued when a person is being subjected to stalking, threat of violent, sexual assault, or some kind of harassment, such as unlawful assault and battery or conduct that severely alarms, annoys, or harasses the other person and serves no legitimate purpose. Civil harassment restraining orders are usually issued between neighbors, roommate, friend, family member more than 2 degrees removed, like an aunt or uncle, a niece or nephew, cousins, and more distant relatives, or strangers. A few scenarios considered as "harassment" by the court include:- Repeatedly calling, emailing, texting, the victim's home or at their place of employment;
- Keeping the victim under surveillance by following and/or remaining present outside their school, home, or at the victim's place of employment
- Repeatedly following the victim about in a public place or places;
- Videotaping or taking photographs of the victim at their home
Elder or Dependent Adult Abuse Restraining Order
Elder or Dependent Adult Abuse – An elder or dependent adult may request a restraining order to seek protection against abuse. An elder is defined as anyone 65 years or older and a Dependent Adult is a person between the ages of 18 and 64 years of age that has disabilities that prevent that person from performing the normal activities in life. The restraining order may be filed for the elder or dependent adult by a conservator or a trustee of the elder or dependent adult, a guardian ad litem, or any person legally authorized to seek relief.The TRO Process in California
For a person to obtain a TRO in California, that person must go to court and fill out the required paperwork explaining to the judge what occurred and why that person needs a restraining order. This person can ask the judge to issue a Temporary Restraining Order without notifying the other party. Most judges are inclined to issue the Temporary Restraining Order if enough facts demonstrate the need for a restraining order. The Temporary Restraining Order is valid and in effect until the actual court hearing, which is scheduled three weeks after issuing the TRO. The person obtaining the TRO must have the court papers and TRO served on the other party within five days of the scheduled court hearing. It is after personal service the TRO is in full force and effect. This means there must be proof that the defendant was personally served with the TRO.Get Help Defending a Restraining Order from an Experienced Restraining Order Lawyer
Hire the most dedicated Los Angeles restraining order attorney. Our attorneys at KAASS Law are highly dedicated to help our clients in every way possible. You can rely on our experienced restraining order lawyer to carefully analyze the facts of your case to prove the facts necessary. Whether you would like to to have a restraining order filed against a person, or if you are in need of defense against a restraining order. We back all of our clients and we invite you to give us a toll free call at {meta.phoneFormatted} to speak to our experienced restraining order lawyers today. You may also contact us by using the form below and one of our team members will contact you back at your earliest convenience. - Read More
Cease and Desist Letters and Orders for Intellectual Property
Okay, so you received a cease and desist letter, huh? Well, first thing's first. Don't panic! A cease and desist letter does not automatically mean that you're being sued, or that a lawsuit is pending. It is merely a clear warning that you have been partaking in illegal actions and it further informs you that if you do not stop that behavior, further consequences may follow. Typically, if you receive a cease and desist letter, it means that you have infringed upon the rights and properties of someone else. Some ways that you may have violated the intellectual property of others would be to:- Plagiarize their work
- Use an invention without the right to do so
- Carry out illegal activity involving someone else's work
Intellectual Property Cease and Desist Letters What You Need to Know
On the other hand, if you feel someone else is doing these things against you, the first step you should take to begin addressing the issue is to send a cease and desist letter. The letter puts the person or company that is violating your rights on notice that they have engaged in illegal and unsanctioned use of property. It advises them to stop doing so immediately, otherwise further action will take place. Essentially, a cease and desist letter is a formal letter warning someone to stop their illegal activity.Difference Between Cease and Desist Order and Cease and Desist Letter?
The primary difference between a cease and desist letter and a cease and desist order is legality and authority. Letters have virtually no legal standing or backing. Order, however, most certainly do. This is because a cease and desist order is granted by a court, not an individual. It functions much like a temporary injunction. The party that gets the order must stop whatever it is that they are doing until a trial is held, at which point, a permanent injunction may get ordered. Libel and defamation are two of the most common reason why you would want to request a cease and desist order from a court of law. Libel is when you are attacked in print. Defamation is when you and your reputation are attacked verbally.When Can You Use a Cease and Desist Letter?
There are many situations that may lead someone to issue a cease and desist, including:- Libel, slander, character assassination or tarnishing, and defamation
- Trademark infringement or copyright infringement
- Design Patent or Utility Patent infringement
- Violating a non-competition agreement
- Harassment, even by debt collectors operating under the Fair Debt Collections Practices Act
- Breach of Contract or Conflict of Interest
Protections for Copyrights, Trademarks, and Patents
As previously mentioned, the three major ways of protecting your intellectual property are to register trademarks, copyrights, and patents. Trademarks and copyrights usually come into effect the moment you create a work, or when you begin to use a specific phrase or brand in association with your professional work. It is entirely optional to file official paperwork to get them recognized by the government, however, it is worth doing so because they get far more protection when they are registered. Patents, on the other hand, must be registered for protection and the process for their registration is much more convoluted. It calls for protection for inventions, physical creations, and their processes.Why Should a Cease and Desist Notice Be Used?
You'll want to send a cease and desist notice if you want to formally warn someone to stop doing something. This includes utilizing your property, harassing you, or illegally using your content. It also serves the important role of being a step to begin further legal processes, should the need arise. Another compelling reason to send a cease and desist is that it's a lot quicker than formal legal proceedings; oftentimes, it can stop the problematic actions and behaviors without needing to go through the long and costly process of trial.What Should a Cease and Desist Letter Include?
To start, make sure you are clear in what it is you want to stop and include as many details of the violation as possible when sending a cease and desist letter. You'll want to include:- Your name and contact info
- The name and contact info of the recipient
- A clear statement stating what actions you are ordering cease
- A demand to stop
- A warning about further legal action should the violations continue
- A time limit to comply, typically no more than 2 weeks
What Should be Included in Cease and Desist Letters for Copyright, Trademark, or Patent Infringements?
If the cease and desist is regarding copyright, trademark, or patent infringement, include details about:- The property
- The dates and instances of violation
- Proof that you are the owner of the property
- The consequences of future violations of your property
Does a Cease and Desist Letter Have Any Legal Authority?
Technically, a cease and desist letter has no legal backing or authority behind it; for all intensive purposes, it is merely a letter requesting that someone stop doing something. However, it does serve an important function in the legal process. This is because it establishes that you have made the offender aware of their violation and have tried to get them to stop, which is crucial because they no longer can claim to be unaware of the violation. Effectively, a cease and desist letter places an informal injunction on the actions of whoever is in violation of your rights, to which they can then choose to:- Stop their illegal actions and behavior
- Challenge the validity of the letter or the truth of its claims
- Ignore it, and face the consequences of further legal action
Be Caution of What is Included in a Cease and Desist Letter
The catch with all of this is that sending out a cease and desist letter can backfire on the sender in some situations. For instance, if there are threats in the letter, then that can be seen as extortion, blackmail, and other crimes. Additionally, if the violations and accusations turn out to be untrue, then the party who received the letter can counter-sue for judgement and damages. They can do so by declaring that there is no violation and treat the cease and desist letter as its own defamation attempt. So, basically, just be very careful with what you are saying in your letter.Can I File a Civil Suit Without Sending a Cease and Desist Letter?
It's worth mentioning that you can file a civil suit without ever having to write up and send a cease and desist letter. In other words, a cease and desist letter is not a prerequisite to suing someone. However, there are some key advantages to sending the letter as it can begin negotiations to settle the issue without a drawn out court battle. Also, most importantly, it puts the violator on notice. This makes it hard very for them to claim ignorance should the situation escalate to a lawsuit. It's more difficult to sue someone for something if they were never made aware that what they were doing was illegal. By sending the letter and requiring signature upon delivery, you can at the very least demonstrate that you made attempts to reach out and inform the violator that they are infringing upon your rights.What Should I Do if I Received a Cease and Desist Letter?
When you get a cease and desist letter, you do still have several options, including:- Agreeing to the letter's demands and stopping whatever problematic behavior the letter outlines
- Responding with a refusal or a request for more information
- Filing for a summary judgement by the courts
- Ignoring it and seeing what happens (though, to be clear, this is the worst thing you could do)
What Can I do if I Received a Cease and Desist Letter?
Regardless of what you end up doing, here are some essential pieces of advice if you have received a cease and desist letter:- Do not speak about the letter to anyone but your lawyer. This extends to online mentions as well; not only is everything you post online admissible in court, but it's also nearly impossible to ever erase.
- Keep any evidence you have to support your side of the issue, including a copy of the letter.
- Consider whether complying with the requests of the letter will hurt your business or personal transactions. In some situations, complying is better than court.
- Contact your attorney immediately and provide all the information you have about the matter.
- If you want to draft a response to the letter, do not do it yourself.
Do I Need a Lawyer to Write a Cease and Desist Letter?
You don't necessarily need a lawyer to write a cease and desist letter for you. You can write it yourself, since these letters aren't legal orders. However, don't ever send a threatening letter as that can harm your case and seek legal counsel if you have any doubts.Do I Need a Lawyer for a Cease and Desist Order?
If you received a cease and desist order you do need an intellectual property lawyer because a cease and desist order is the first step in a lawsuit. Thus, a court of law must grant an order and there is no one better equipped to handle that process than a lawyer.Why Would I Need to Hire a Lawyer for Cease and Desist Orders?
You will need to hire a lawyer when dealing with cease and desist orders because lawsuits are incredibly complex and you probably don't know all of the ins and outs that are associated with intellectual property and civil law. This is where an attorney is invaluable because they can pen an effective cease and desist letter as well as advising you about your claim. In short, having a good lawyer on your side greatly increases your odds of succeeding.How We Can Help
At KAASS Law, we understand the importance of smart legal advice and action. Often, one can take steps preemptively to ensure their rights are not being infringed or violated. However, in the event that it does happen, we are always there to guide our clients. We know how to write an effective letter that will achieve its purpose, and we also know how to help our clients who have been presented with a cease and desist letter as well. If you need help getting someone to stop using your property, to stop harassing you, or to respond effectively to a letter, we invite you to give us a toll free call at {meta.phoneFormatted} to speak to our experienced civil and intellectual property lawyers today. - Read More
Domestic Violence – Penal Code Section 273.5(a)Corporal Injury on a Spouse
California Penal Code Section 273.5 Corporal Injury on a Spouse also referred to as "domestic violence" outlines the specific elements the prosecution is required to prove in order to be found guilty of domestic violence.The Elements of Penal Code 273.5(a)
- Defendant willfully and unlawfully inflicted physical injury on victim. The term willfully indicates that you acted willingly or on purpose, regardless of whether or not it was your intention to break the law.
- Victim is a person who has a relationship with the defendant:
- Defendant's spouse or former spouse
- Current or previous cohabitant. It is very important to note a "cohabitant" is described as two unrelated people who have been living with each other for a significant amount of time that resulted in some type of relationship.
- Current or previous fiancé
- The father or mother or of his or her child
- Physical injury caused a traumatic condition (a wound or other bodily injury, whether minor or serious, was caused by the direct application of physical force).
Difference between California Penal Code Section 243(e) and Domestic Battery and PC 273.5
California Penal Code Section 243(e), domestic battery is similar to PC 273.5. The primary difference between the two domestic violence laws is the level of injuries sustained by the victim. Penal Code 243(e)(1) is the least serious of California domestic violence laws and is always considered to be a misdemeanor offense. One key aspect to consider is you can be convicted of domestic abuse under California Penal Code 243 (e) even if there was no physical injury.Legal Defenses for Penal Code Section 273.5
There are a few legal defenses to penal code section 273.5 and are as follows:Self Defense or Defense of Another Person
People have the legal right of self-defense when they are attacked. The most common legal defense strategy is to make the argument you were acting in self-defense or defense of another person. Injuries caused while acting defensively should not lead to a conviction under PC 273.5(a). The amount of force one can legally use to defend him or herself depends upon the circumstances of each case. Under Judicial Council of California Criminal Jury Instructions 505 and 506, you are considered to have used reasonable self-defense if:- You reasonably believed you were in danger of being injured or killed
- You reasonably believed that you needed to use force to prevent this from happening
- You used no more force than was necessary to stop the threat
The Injury was Caused Accidentally
In order for this defense to be successful, it must be proved that you did not have the intent to strike or injure the victim. Individuals charged with PC 273.5(a) must willfully harm an intimate partner to be convicted. If you accidentally inflicted corporal injury on someone this should not lead to fines and incarceration.False Accusations Defense
There are plenty reasons you might be facing a false accusations of Penal Code 273.5 PC violations. It is common for individuals to be mistakenly accused for corporal injury. In these cases, the accusation is characteristically grounded on false allegations instigated out of a desire for revenge, anger or jealousyPenalties for Violation of Penal Code Section 273.5
Corporal injury to spouse under California Penal Code Section 273.5 is known as a "wobbler", and can be filed as either a felony or a misdemeanor. Their decision is typically based on the facts and circumstances of the case and your prior criminal record. If the victim sustained serious injuries or you have a history of domestic violence incidents, the case will normally be filed as a felony crime. If you are convicted of a misdemeanor case for PC 273.5 inflicting corporal injury on a spouse, you will face:- Up to one year in a jail and;
- A fine of up to $6,000.
- Up to 4 years in a California state prison and;
- A fine of up to $6,000
Penalties of a Misdemeanor or Felony Corporal Injury Conviction
The penalties of a misdemeanor or felony corporal injury conviction will probably include a protective or restraining order stopping you from getting into any contact with the victim, for a maximum of ten years. Furthermore, a conviction under PC 273.5(a) can lead to additional punishments. Individuals in Los Angeles convicted of corporal injury to a spouse may lose their right to Firearm Ownership and Professional Licenses.Domestic Violence Restraining Order Coupled with Domestic Violence Charge
Often times the victim may file a domestic violence restraining order which is a court order which directs the abuser to not contact and abuse the victim. Furthermore, it regulates and restricts the behavior of the abuser. To obtain a domestic violence restraining order the victim must prove by a preponderance of the evidence that the victim has suffered some type of abuse which could include bodily injury, including causing or attempted to cause bodily injury, sexual assault, or show that the victim has been placed in reasonable apprehension of receiving imminent serious bodily injury.Get Help Defending California Penal Code Section 273.5 Corporal Injury on a Spouse and Restraining Order from an Experienced Lawyer
Hire the most dedicated Glendale criminal defense and Los Angeles restraining order attorney. Our attorneys at KAASS Law are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyer to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at {meta.phoneFormatted} to speak to our experienced Glendale domestic violence attorney today. KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted} See Stalking See our Criminal Law Page for Further Info. Follow us on Facebook at KAASS Law. - Read More
Terms and Condition of Use: Why You Should Have One
The Terms and Conditions of Use and Why You Really Should Have One You've seen it. Pretty much every website or online service you use makes you agree to it. Yet, even though it's everywhere on the internet, many misconceptions still exist. We're talking, of course, about the Terms and Conditions of Use that you agree to every time you do pretty much anything online. Seeing as how Terms and Conditions exist on every platform, you stand to benefit greatly by understanding why it is so important that every site has their own version of it. Contrary to popular belief, while the Terms and Conditions of Use agreement is greatly recommended to have for your website or online platform, you are not required by law to have this agreement. From a legal standpoint, only policies regarding user privacy are required to be displayed publicly, and that's only if you gather personal data from users of your service or platform. Data can refer to such things as email addresses, names, physical addresses, gender, age, telephone numbers and other pieces of personal information. Terms and Conditions of Use can also be called Terms and Conditions or Terms of Service or even just Terms of Use.Terms of Use Agreement
Regardless of what you want to call it, a Terms of Use Agreement is a series of rules and conditions to which users must give their consent and understanding in order to utilize a service or product. In short, it is an agreement that establishes the rules that users must agree to if they want to use your website. While you aren't legally obligated to have a Terms of Use, there are many advantageous reasons why you should include one on your site.Terms of Use Agreement Can Prevent Abuse of Power
The Terms of Use Agreement serves as a legally binding contract between you and your users. Specifically, the agreement establishes the rules and protocols that users have to follow and abide by if they want to utilize your website or application. On the other hand, a Privacy Policy agreement serves to let your users know about the kinds of data you may collect as they make use of your site, as well as what you plan to do with that collected data. It's in this agreement that you would write several sections talking about the rules and guidelines that come with using your site, and what the consequences of breaking those rules or abusing them are. Different users can exploit or abuse your site in different ways but some common examples of abusive actions are: spamming other users, posting defamatory content, or using your content in a way that is unintended, etc. However, you can include a clause within your Terms of Use Agreement that outlines that certain actions will not be tolerated, such as harmful language or hate speech, constantly posting spam, and harassing other users. As a consequence for engaging in those forbidden actions, you can ban users who abuse your site.You'll Own Your Content
Since you are the owner of your platform, be that a website, an app, or a brand, you have the ability to call the shots with how your stuff can get used. In particular, your branding designs, logos, videos, articles, and software are yours to decide how to use and share, if at all. Moreover, you can let your users know that you are the owner of that content and that your content is protected by international copyright laws. This is a crucial clause to add in your Terms of Use Agreement and it most often gets referred to as the Intellectual Property Clause. Having this clause can really make or break your platform because it directly informs users as to how they can and can't use your intellectual property without infringing on your original creations. As such, be sure to include a well-written Intellectual Property Clause in your Terms of Use Agreement, or it just might come back to haunt you later down the line.The Termination Clause in Terms of Use
Terms of Use can also provides a way to end the abusers. Besides helping you deal with abusive users and owning your content, the Terms of Use can also provide a nifty way to permanently end the accounts of particularly problematic users. Specifically, you'll want to include a clause in the Terms of Use called the Termination Clause.Terms of Use can Be Subject to Termination Banning User(s) From Using The Service
It lets users know that abusive accounts which violate the Terms of Use can be subject to termination and may get banned from using the service. This clause is especially good for sites, apps, and services that require their users to register an account before being able to use the service because you can outright terminate, disable, or even ban abusive users on the basis of the illicit activity tied to their accounts. Thus, you always an option for dealing with misbehaving users, even in worst case scenarios.The Terms of Use Also Limit Your Liability
Another important perk that comes along with having a Terms of Use on your site is that such agreements often include a disclaimer which serves to limit the owner's (i.e. your) liability, in the event that errors, misinformation, or mistakes are found in the contents of your website. Essentially, the Limited Liability Clause lets users know that there are limitations to how liable or responsible the owner can be for any harm that may come to the user because of incomplete, inaccurate, or untrue information. Thus, the content of your website gets even more protection since the degree of liability you would be accountable for much smaller.International and Online Commerce: Rule of Law
The interesting part of international and online commerce is that our entire economies are becoming ever-increasingly interconnected and linked. Many avenues of business and commerce have bled over into other countries, despite them originating from another country entirely. A great example of this would be Amazon, which serves customers from many parts of the world, but is ultimately based in the United States. This is where the Governing Law clause of your Terms of Use Agreements comes into play. In short, it establishes the jurisdiction which is relevant to the terms outlined in your agreement. Basically, the Governing Law clause states that your agreement is bound by the law of the land in which your company, business, service, or application is headquartered. This clause serves to identify the home country and region that your company is registered in, effectively establishing the kinds of laws and rules that it has to follow. As an example, if your company is headquartered in San Francisco, your Governing Law clause should state that your site is operated by a registered business in the state of California in the United States. That will ensure that your users are aware that your site works in accordance to California and to U.S. federal laws.Website, Online Service, Software, or Application Should Have a Terms and Conditions of Use Section
Any website, online service, software, or application, should have a dedicated Terms and Conditions of Use section. While it may be the most skipped over section in your site, it is imperative to have users of your service consent to the terms presented in the agreement, as that gives you the opportunity to write in some very helpful clauses. Those clauses will limit your liability, protect your original content, allow for banning and termination of abusive users, and establish your governing law by which you conduct your services. By providing all of this information and requiring your users to consent to the presented terms, you give yourself a lot more wiggle room should any situation ever escalate into a legal issue.Los Angeles Business Contracts and Agreement Lawyers
At KAASS Law, our Los Angeles business lawyers do all that we can do help our clients build sustainable, safe, and profitable businesses. We recognize the hard work and dedication that goes into delivering a final finished product and we stand by our clients to make sure they have as simple and smooth an experience as possible, especially when they initially set up their business. We invite you to give us a toll free call at {meta.phoneFormatted} to speak to our business lawyers and to see how we can help your business grow today. KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted} KAASS Law is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS Law expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS Law does not represent you unless you have expressly retained KAASS Law in person at the KAASS Law office. KAASS Law helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda. - Read More
California Penal Code 135 Destroying or Concealing Evidence
California Penal Code 135 makes it is illegal to willfully and knowingly destroy or conceal any form of evidence that is to be used in a trial or government investigation.Does Destroying Evidence Apply to Civil and Criminal Cases?
Destroying evidence is prohibited in both civil and criminal cases, including contract dispute litigation or divorce. As noted above this charge applies to evidence which is used in trial or government investigation.What Must Be Proved To Be Convicted of California Penal Code 135 PC?
In order for a defendant to be convicted of Penal Code 135 PC destroying or concealing evidence the prosecutor must be able to prove the following elements:- Defendant willfully and knowingly destroyed or concealed any type of evidence
- Defendant knew or should have known that he destroyed or concealed evidence which is the subject of a legal proceeding, such as:
- Criminal trial
- Parole hearing
- Civil trial
- Criminal investigation
- Police investigation
You Can't Be Convicted Under Penal Code 135 PC If:
In case the defendant destroyed the evidence when no legal investigation or trial was in process, and later it turned out that the destroyed thing could be used as an evidence in an investigation process that began later he can't be convicted under Penal Code 135 PC.Common Examples of Evidence that is Intentionally Destroyed in Penal Code 135 PC Cases
A person can be convicted for Penal Code 135 PC intentionally destroying almost any type of evidence such as- Drug(s) or drug paraphernalia
- Weapon(s)
- Document(s), record(s), or Instrument in writing
- Object(s)
- Clothe(s)
- Video recording(s) or digital image(s)
Can Defendant Be Convicted For Penal Code 135 PC If There Was only an Attempt to Destroy or Conceal?
It is important to mention that destroying or concealing evidence is not like other California crimes where a person can be charged for attempting to commit a crime. In order to be convicted under California Penal Code Section 135, defendant must have been successful at destroying or concealing the evidence. An unsuccessful attempt to destroy or conceal evidence in California will not lead to a conviction.Defenses to Penal Code 135 Destroying or Concealing Evidence
There are several common legal defenses for CA Penal Code 135 which including some of the following:- Person didn't know that the evidence was in a criminal investigation or prosecution
- Person didn't intentionally destroy or conceal the evidence
- Evidence was not actually destroyed nor concealed
Penalties for California Penal Code 135 PC
Penalties for Penal Code 135 destroying or concealing evidence is a misdemeanor in California Law. The penalties are the following:- Up to six months in county jail and/or,
- A fine of up $1,000
California Penal Code 135 PC Defense Lawyer
Hire the most dedicated Glendale criminal defense lawyer who has experience with Penal Code 135 PC cases. You can rely on our experienced California Penal Code 135 PC defense Lawyer to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at {meta.phoneFormatted} to speak to our experienced attorney today. Get in touch with us at KAASS Law, 815 E Colorado St #220, Glendale, CA 91205, {meta.phoneFormatted}.