Handling Online Trademark Infringement

Your business’s digital footprint offers unparalleled opportunities for brand exposure but presents significant risks regarding trademark misuse. With how easy it is to access digital platforms, unauthorized use of trademarks has become a common challenge for businesses. Addressing these infringements efficiently is crucial to safeguarding your brand's identity and ensuring its integrity remains intact. Monitoring Read More

Choosing Between Stock Purchase & Asset Purchase Transactions

When buying or selling a business, the buyer and seller must decide whether to structure the transaction as a stock purchase or asset purchase. (In this article, the term “stock purchase” means the acquisition of a company’s equity, whether that company is a corporation, a limited liability company, or other form of entity. For LLCs, the term “stock” means membership interests or membership units.)  The choice Read More

The Hidden Risks of “Friendly” Business Transactions

Familiarity often breeds a dangerous complacency and at CLARK.LAW, we've seen a recurring pattern: Clients entering transactions with a sense of ease solely because they're dealing with a friend, family member, or another familiar party. While comfort in business is not inherently problematic, it often leads to skipping crucial steps and legal processes—especially in areas we focus on, such as mergers and Read More

There is No Such Thing as “The Cloud” – It’s Just Someone Else’s Computers

The concept of "the cloud" is frequently misunderstood when discussing data and its storage, use, and privacy. When you ask most people to describe it, they may need help to give you a confident answer and just gesture to the air above. “The cloud” is actually just a network of interconnected data centers that house computers to store our data – or, in fewer words, someone else’s computers. This transition to Read More

How Should You Structure Your Med Spa Business?

The growing popularity of Med Spa businesses is reshaping the wellness and beauty industries. These businesses are popping up in communities across the country, offering a variety of services like non-surgical skin and hair enhancements, laser hair removal, Botox, fillers, light treatment, and more. These companies provide alternatives to traditional hospital visits and lessen the costs associated with going through Read More

Who Can Own a Med Spa?

  Medical spas, commonly referred to as med spas, are becoming a more regular occurrence in our communities. These “spas” offer a variety of services largely focusing on skincare, laser hair removal, non-surgical enhancements like Botox, fillers, light treatment, and other treatments that borderline on medical solutions for people looking for alternatives outside of a hospital. But, who is able to own these Read More

Alternative Dispute Resolution Tactics to Save Your Business

When business disputes arise, the knee-jerk reaction for many entrepreneurs and business owners is to head straight to the courtroom. Litigation can be an expensive, time-consuming, and emotionally draining process that can potentially harm not only your professional relationships but also your business as a whole. Fortunately, there are alternatives to litigation that can help you resolve disputes in a more amicable Read More

Is Your Business Prepared for the Reporting Requirements Under the Corporate Transparency Act?

After years of discussion, the Corporate Transparency Act (CTA) officially goes into effect on January 1, 2024 – just a few months from this publication. Businesses need to prepare for the Beneficial Ownership Information reporting aspect of the law and the deadlines associated with it. This is a move we anticipated and addressed in an article last June. Now that the implementation is just months away, we want to Read More

Two Recent Supreme Court Decisions Highlight the Narrow Pathway of Fair Use

Creatives have long relied on the Fair Use defense when using the work of others as direct inspiration for their own work. The Fair Use Doctrine can successfully be used as a defense to copyright infringement if you meet certain requirements. The Supreme Court recently analyzed the Fair Use defense in ruling in favor of two copyright holders after others infringed upon their work. In the case of the Andy Warhol Read More

Legitimize Implementation of NFTs Through IP Licensing

Non-Fungible Tokens, or NFTs as they are more commonly known, create unique opportunities for businesses. The sale and exchange of these digital assets soared in 2022, to the tune of 101 million tokens sold last year. These transactions show that, despite skepticism, NFTs are gaining more mainstream acceptance. In business, companies are often using these as a marketing tool as much as they are using them as Read More