Startup, Technology & E-Commerce Law Blog

23Nov 2021 by bhandlaw

Things to Watch Out For in An Amazon FBA Letter of Intent

You’ve worked hard to build your Amazon FBA business but have decided it’s time to ride off into the sunset, or at least move on to your next venture. You’ve identified a suitor and, after some initial meetings, say they'll be sending you their “LOI”. You're not sure what an LOI even is, what is normally in there, or what you as a seller r should be on the lookout for. In this post, we cover what an Letter of Intent is, why it's so important, key things to watch out for, and why understanding what should (and should not) be in it is critical to your chances of a successful sale of your Amazon FBA business. Ben’s Note: Although I will refer to Amazon FBA throughout this article, the…

10Nov 2021 by bhandlaw

Can I Really Be Forced to Sell My Domain Name?

Domain Names, E-Commerce, Trademark, Trademark Infringement

Is it possible for the owner of a domain name used for a business to be forced to sell their domain name? Earlier this month, I received a frantic e-mail from a business owner (to protect the innocent, let’s call her "Debbie"), who had received a threatening e-mail from another business owner (whom we’ll call "Penny"). Debbie’s e-mail went something like this (edited by me for brevity and client confidentiality reasons): I just learned another party has filed to trademark the name of a website I have owned now for several years. She says I have to sell her the domain name. What are my rights? Since this question (in some form or another) is often posed to me, I figured it might be the perfect time to relate some…

29Oct 2021 by bhandlaw

How Do I Protect My Halloween Costume Idea?

Maybe it’s the opportunity to get creative for an upcoming party, an excuse to eat candy brought into the office days after, or maybe it’s just that it signals the unofficial end to our hellacious Summers. Whatever the reason, Halloween rocks IMO. Earlier this year, a client of mine that designs and sells Halloween costumes (in addition to their main lines of novelty costumes, inflatables, signs, etc.) wanted to know how best to protect one of their latest designs which had been big seller so far, and which the client was also considering using as the corporate logo. In this post, we take a very high-altitude view at some of the most basic ways you can help to protect your original Halloween costume design. Copyright in Costumes Copyright protection extends…

23Sep 2021 by bhandlaw

The High Cost of Unpaid Internships for Your Startup

Contracts, Copyright, Employment Agreements, Start-Up

Recently, one of our solo founder clients approached me to draw up some short agreement for some (student) unpaid interns he was considering bringing on with his startup. In this post, I touch on some of the things I explained to him after (very professionally, of course) telling him he might want to re-consider his company's plan. If you're a startup founder considering "hiring" unpaid interns to come and work at your new company, it is important that you understand the potential legal and business risks first. Is your startup's unpaid internship even legal? Yes, many business owners never even bother to consider this first, critical question regarding their new or established internship program. The answer is a very legal "probably, but it depends". While not necessarily illegal in and…

07Sep 2021 by bhandlaw

Don’t Leave Home Without It: 6 Must-Haves for Your Startup’s Offshore Development Agreement

Contracts, Software

Many of our startup company clients look overseas for their software development needs. Hiring overseas programmers and engineering teams can allow your lean startup to reap tremendous benefits and get your site or app to market and in front of paying customers that much quicker. As with anything done in a foreign land, however, it is not without its risks. In order to remove or at least reduce these concerns, here we take a look at some essential provisions that your startup's offshore development agreement should have. No Substitute for Due Diligence No, this is not a contract provision per se but one of the most important things you and your fellow co-founders can do when seeking to hire that foreign developer has nothing to do with contract drafting. Instead,…