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…

19Aug 2021 by bhandlaw

5 Ways to Protect Your TV Show (or Film Script) Idea

Lately, I’ve been fielding questions from aspiring script- and screenwriters (most recently from an old high school classmate and, before that, a colleague of mine who is apparently more creative than most of us!) who have asked me, “How can I protect my new TV show or movie idea?” In this post, I’ll go over what I usually tell these creative types in advance of their “pitch” to a producer, studio, or some other (actual or perceived) Hollywood insider they’ve managed to get in front of. Can Ideas Be Protected? Before we dive in, you need to understand one thing-- ideas (in and of themselves) cannot be protected. In fairness, it’s not just the script- or screenwriter hopefuls that sometimes hold this mistaken belief. I hear it at least a…

28Jul 2021 by bhandlaw

Investor Wants “Due Diligence” Fees Paid…Up Front?

Start-Up, Venture Capital

Several months ago, a new-ish startup founder (we'll just call him "Chuck") came to my law firm seeking help in reviewing and possibly negotiating the terms of a seed round with their first, outside investor. Chuck was genuinely excited because this investor had proposed (let's just say a number between) $1-2 million for (let's further say) 20% of Chuck's company. A critical infusion of capital that could get the company through a few of the next developmental milestones. However, during our first call, Chuck said something that made my lawyer antennae stand on end. While we were talking about timeframes, he said something along the lines of "yeah, [Mr. Investor] is just waiting for us to sign off on the agreement and to send in our check for due diligence."…