Frequently Asked
Questions
These are the types of questions we are frequently asked. Remember that legal issues are often complex, so always seek the advice of a qualified attorney.
I was just served with a Complaint and Summons filed in a Federal District Court. How long do I have before I must file a response?
21 days after you were properly served with the Complaint and Summons.
I was just served with a Complaint and Summons filed in a California Superior Court. How long do I have before I must file a response?
30 days after you were properly served with the Complaint and Summons.
Once I have a signed Letter of Intent, how long will it take to sell my business?
The time to get to closing depends on the size and complexity of the deal. The largest factor in determining how long the process will take is the scope of due diligence – the process of looking over all of the selling company’s records to determine if there are any issues that negatively affect the value of the company or its prospects. Generally, the process takes between 3-6 months, but every deal is different.
I am starting a job at a game studio and my new employer wants me to sign an employment agreement that includes a 2-year non-compete clause. Is that legal?
If you live and work in California and are not selling a business to your new employer, California law says that post-employment non-competes are void as a matter of public policy. California is the exception rather than the rule as in most states a post-employment non-compete will be enforced if it is reasonable in both duration and geographic scope. Also, a California court will enforce a contract governed by the laws of a state or country where a post-employment non-compete is permitted, so moving to California won't avoid such a contractual provision.
Can I trademark my band name if other artists or bands are using the same name?
A band's name can be a trademark or service mark if it is used to sell goods or services (e.g., recordings and/or live performances) under the mark. Accrual of these rights do not require federal registration of the mark in the USPTO. If in fact others were using the mark before you, they might be able to prevent you from using the name as a mark. And if you are aware of such prior use, you are precluded from filing a federal trademark or service mark application to register the mark in your own name. The rule is that the first to use a word, phrase, or design to brand a product or service owns the trademark rights in whatever mark is being used [in this case, a band name] for the same and/or related goods and/or services. No one else may lawfully adopt the same or a confusingly similar mark.
What are the key provisions in a sports endorsement deal?
Each endorsement deal has different terms that may be important. While money or free/discounted product is a typical focus of an endorsement deal, the devil is in the details. Most endorsement deals will require you to refrain from being seen (or even using) competing products. If you do not like the product you are endorsing, or plan on using a competing product, a deal could be difficult to abide by. It is important to understand what you can and can’t do under the terms of each and every endorsement deal you are approached with.