What are the most common legal mistakes first time entrepreneurs make?

質問

Hello! I realize that this is sort of a general question, but I know that many first time startup founders make a lot of legal mistakes which can be very costly later on or even ruin the company. What are some pointers that you give entrepreneurs to avoid the most common pitfalls?

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回答: 2 public & 1 非公開

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弁理士

In no particular order, common mistakes include:

- engaging, and paying, product and software developers based on an RFP or otherwise without a contract containing appropriate IP assignment, representation / warranties, and licensing provisions, among others;
- not having a trademark clearance search performed before either applying for a registration or investing in marketing with an unqualified mark;
- merely filing Articles of Organization to create a LLC and not having an Operating Agreement drafted by and among the Members;
- forming a Delaware domestic entity because the Certificate of Formation filing fee is relatively cheap, or because forming a Delaware domestic entity is commercially cool;
- using contracts obtained online and without review, whether from LegalZoom or otherwise;
- treating independent contractors like they were employees; and
- spending $5k, $10k, or even more on "invent help" companies which merely provide some basic market research, a thin prior art search, and suggest you go ahead and contact a patent attorney anyway to look at theirs and other search results under Section 103.

Don't do these things, and remember that IP attorneys are here to help you avoid problems.

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