Business Law

Why Do business Disputes Occur?

One of the secrets in having a successful business in Los angeles is the capability of a company to resolve disputes and arguments that may arise. It has been said that the only those proprietors who can cope up with the demands and difficulties associated with business operations will succeed. Yet, because of the various turns of events in the corporate world, many companies failed to survive these crises, which resulted in the closure of their businesses.

Various types of business disputes may occur. Among these are:

Intellectual Property Infringement – this involves the violation of intellectual property law, which guarantees protection to a company’s identifying and distinctive marks and processes. This kind of illicit performances intends to confuse consumers or to gain more profit from clients on the expense of other companies. It may also obstruct a company’s marketing and advertising tactics considerably.

These intellectual properties may comprise of the following:

domain names
client lists
copyrights and patents
business operational procedures
To address these unfair competition dealings, the government has enacted the Lanham Law that sets the federal rights of a company regarding trademark infringements. This also defines all the remedies involving intellectual property law violations.

In common a practice, victims of intellectual property dilution and violation send a demand letter requesting the infringing party to cease from using their marks. Hence, if the said party ignores the request, a lawsuit maybe then may proceed to seek for suitable damages including a restraint order that compels the other party to stop further exploitation of their mark.

Unfair Competition – this includes illegal business performances such as:

false advertising
“bait and switch” marketing scheme
trade secret theft
abuse of confidential information
misleading product representations
trade libel
Any party that violates the Unfair Competition provisions of the law may be held liable to pay the affected company for their pecuniary losses and any other harm resulted from the infringement. Same rules of recovery may apply on this violation as intellectual property infringement.

Consumer Protection Laws Violation – this pertains to the infringement of State Consumer Protection Law provisions that cover contentions regarding intellectual property issues. Several states in the U. S. have adopted decrees that double the recoveries that an affected company may acquire, including the lawyer’s professional fees. Usually, these laws are based on the Federal Trade Commission Act.

Legal Actions

As abovementioned, any act of business law infringement may result to lawsuits. However, in filing a case it is necessary for the affected companies to have the proper understanding about the law provisions violated and the appropriate procedures in pursuing a case. Thus, it is also important for them to hire the expertise of a credible business dispute attorney for guidance and due representation in filing their charges.

Nevertheless, a credible business legal counsel’s help may guarantee that a company’s rights according to the prevailing laws will be justly observed. With this, possibilities of winning a lawsuit and recovering damages will definitely increase.