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How To Form a New York LLC

By Scott M. Thomas On November 9, 2012 · Add Comment
Forming a LLC in New York is similar to forming a LLC in other states, but a few caveats should be considered. In this article I will provide a step-by-step guide on how to form a New York LLC and also discuss the advantages and disadvantages of this business structure. What is a LLC? A limited liability company (LLC) is a hybrid business entity that has characteristics of a corporation, a partnership, and a sole proprietorship. A single person or a group of people can form a LLC and these people are called “members” of the LLC. The members are [...]
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What Is Fair Use?

By Scott M. Thomas On September 11, 2012 · Add Comment
Lawyers and non-lawyers alike frequently misunderstand what constitutes “fair use” of copyrighted material. Contrary to popular belief fair use does not mean that you can use copyrighted material in any way that you think is fair. In this article I will explain how to determine whether or not a particular use of copyrighted material actually qualifies as “fair use.” The fair use exception The fair use exception is a defense to copyright infringement. This law (17 U.S.C. § 107) states that copyrighted music, books, and other original works of authorship can be used by anyone for [...]
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The Startup Founder Agreement

By Scott M. Thomas On August 10, 2012 · Add Comment
The founder agreement is essential for entrepreneurs embarking on a new business venture. This pre-incorporation document addresses many important issues including founder contribution, ownership rights, and management duties of an emerging company. The founder agreement is essentially a contract that’s signed by each founder. The terms of the agreement will vary depending on the nature of the company, but its general purpose is to outline the founder’s interests and expectations in a written document. Some people view these as a prenuptial agreement for co-founders, thus drafting it can be a delicate situation. It’s necessary, however, to have a [...]
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Naming Your Business Without Violating Trademarks

By Scott M. Thomas On August 3, 2012 · Add Comment
Everyone wants to create a catchy and memorable name for their new business. Trademark law is designed to help protect these original names by granting exclusive rights to those who obtain a trademark. This can limit the availability of names for your new business or product, so it is important to research a potential name before settling on it. Even sophisticated entrepreneurs overlook this issue and inadvertently commit trademark infringement, which can result in the loss of business goodwill as well as legal consequences. What is a trademark? A trademark is a word, phrase, symbol, design, or a combination thereof, [...]
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Welcome!

By Scott M. Thomas On July 10, 2012 · Add Comment
Thanks for your interest in Thomas Law Firm PLLC. My name is Scott Thomas and I’m an attorney in New York City. I’ll be writing short articles on this blog about business, law, entrepreneurship, startups, technology, intellectual property, entertainment law, and other topics that relate to my practice. Please note this blog is for informational purposes only and it is not legal advice. Subscribe for up-to-date legal and business analysis written in plain English.  Thomas Law Firm PLLC | 175 Varick St | New York, NY 10014
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