Intellectual Property Lawyers for Temecula, California
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Linda M.
I am a seasoned corporate transactional attorney with over 20 years of combined outside and inside General Counsel experience. My experience includes helping companies of all sizes, including start-ups with general corporate matters and commercial transactions.
"Linda did a great job! She was very prompt with responses, Kind, informative and was true to her word on budget and time of completion. Definitely will use her again."
Michael O.
A corporate and commercial litigation attorney with transactional and civil litigation experience including corporate and finance transactions, mergers and acquisitions, real estate, commercial contracts, bankruptcy, restructuring, international business transactions, general counsel services, real estate litigation, partnership, joint venture and contract disputes. Additional background skills and experience include investment banking, financial analysis, and management consulting. Sectors covered include technology, media, healthcare, franchises, small to medium enterprises, investment funds, and international business.
"He was amazing! He protected me from fraud and I will most definitely continue my business with him… Thank you Michael!"
Alen A.
Alen Aydinian is a seasoned real estate attorney with a wealth of experience in handling transactional matters, real estate transactions, and lease agreements. As a licensed real estate broker, Alen Aydinian brings a unique perspective to the table, allowing clients to benefit from both legal expertise and practical industry knowledge. He is a trusted advisor in the realm of real estate transactions and lease agreements. Whether representing buyers, sellers, landlords, or tenants, Alen Aydinian is committed to providing strategic counsel and dedicated advocacy every step of the way. Clients rely on him for sound legal guidance, proactive problem-solving, and unwavering support throughout the transaction process.
"I contracted Alen for a commercial lease review. I couldn't be happier with the results, as he exceeded my expectations. He completed the project 2 days ahead of the estimated timeframe, gave me high quality feedback, and suggested alternate language. We had a call at the end and he answered all of my questions in detail. Incredible value. I'm so happy I chose Alen, and I definitely recommend him to anyone else needing legal assistance."
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Phocus L.
G'day, my name is Michele! I work with startups, entrepreneurs and small/medium-sized businesses across the country in a wide array of industries. I help them with all of their ongoing, daily legal needs. This includes entity formation, M&A, contract drafting and review, employment, asset sale & acquisition, and business sales or shareholder exits. I'm half-Australian, half-Italian, and I've lived the last 20+ years of my life in America. I've lived all over the USA, completing high school in the deep south, graduating cum laude from Washington University in St. Louis, and then cum laude from Georgetown University Law Center. After law school I worked for the Los Angeles office of Latham & Watkins, LLP. After four intense and rewarding years there, I left to become General Counsel and VP of an incredible, industry-changing start-up called Urban Mining Company (UMC) that manufactures rare earth permanent magnets. I now work for Phocus Law where I help run our practice focused on entrepreneurs, startups, and SMEs. I love what I do, and I'd love to be of help! My focus is on providing stress-free, enjoyable, and high-quality legal service to all of my clients. Being a good lawyer isn't enough: the client experience should also be great. But work isn't everything, and I love my free time. I've been an avid traveler since my parents put me on a plane to Italy at 9-months old. I'm also a music nut, and am still looking for that perfect client that will engage me to explain why Dark Side Of The Moon is the greatest album of all time. Having grown up in a remote, and gorgeous corner of Australia, I feel a strong connection to nature, and love being in the elements.
Gregory B.
I love contracts - and especially technology-related contracts written in PLAIN ENGLISH! I've worked extensively with intellectual property contracts, and specifically with IT contracts (SaaS, Master Subscriptions Agreements, Terms of Service, Privacy Policies, License Agreements, etc.), and I have built my own technology solutions that help to quickly and thoroughly draft, review and customize complex contracts.
"Working with Gregory was a great experience. He understood the assignment immediately, provided excellent guidance throughout the process, and turned things around faster than expected. You can tell he genuinely cares about his clients getting the right outcome. Would absolutely work with him again."
Tabetha H.
I am a startup veteran with a demonstrated history of execution with companies from formation through growth stage and acquisition. A collaborative and data-driven manager, I love to build and lead successful teams, and enjoy working full-stack across all aspects of the business.
"Tabetha provided feedback on a legal document in a timely and thorough manner. I plan to use her services going forward."
July 29, 2021
Stanley K.
Stan provides legal services to small to medium-sized clients in the New England region, and throughout the U.S. and abroad. His clients are involved in a variety of business sectors, including software development, e-commerce, investment management and advising, health care, manufacturing, biotechnology, telecommunications, retailing, and consulting and other services. Stan focuses on the unique needs of each of his clients, and seeks to establish long term relationships with them by providing timely, highly professional services and practical business judgment. Each client's objectives, business and management styles are carefully considered to help him provide more focused and relevant services. Stan also acts as an outsourced general counsel for some of his clients for the general management of their legal function, including the establishment of budgets, creation of internal compliance procedures, and the oversight of litigation or other outside legal services.
Sam W.
Sam Widdoes has practiced law in California since 2014. He began his career as a litigation associate at a boutique firm in Los Angeles, and founded a production development company with a partner in 2017. Since then, Sam has served as the head of business and legal affairs at District 33, while working hand-in-hand with writers, directors and actors to develop, pitch and produce scripted and unscripted content. In that role, Sam produced the documentary series BLACKBALLED for Quibi/Roku, and will produce the upcoming documentary feature AS WE SPEAK directed by J.M. Harper for Paramount+/MTV, and the doc series THE BLACK BOX for MRC and XYZ Films. He is also the executive producer of an upcoming limited series with CBS TV starring Judith Light and Noah Wyle called SHADOWS IN THE VINEYARD, and a feature comedy for Spyglass Entertainment, among other projects. In early 2022, Sam opened WIDDOES LAW, APC, after recognizing a need for experienced legal services in the unscripted and documentary spaces. Since opening his own practice, Sam has advised producers, editors, directors and rights holders on a variety of agreement negotiations, including option purchase contracts, collaboration agreements and documentary producer deals. Sam also serves as production counsel for several documentary features, series and short films, and will draft, negotiate and advise on all legal aspects of the projects, including financing, production and distribution. Sam earned his Juris Doctor from The Catholic University of America, Columbus School of Law in 2013, where he graduated on the Dean's List and as a member of the Society of Trial Advocates. He holds a BA in journalism from the University of Richmond, and sits on the Board of Trustees at Turning Point School in Culver City, California. Sam is passionate about quality storytelling, and supporting those with the vision and drive to share their stories with the world.
August 22, 2021
Chris J.
I'm a business law generalist with over 24 years of experience, including as in-house General Counsel, as outside counsel through my own firm and as an attorney in an Am Law 100 law firm. My employers and clients uniformly appreciate my ability to (i) negotiate and close transactions quickly and effectively, and (ii) to make the complex simple. Among other things, I can efficiently assist you on entity formation, governance, and structure; HR issues; mergers and acquisitions; and the negotiation and drafting of all types of commercial contracts. I'm the proud recipient of multiple Martindale-Hubbell Client Distinction Awards given only to the top 5% of attorneys for quality of service.
August 23, 2021
Gregory W.
Strategic thinking business minded Outside General Counsel here to help you with your company. I have been able to help guide business owners from startup through series A, B, & C funding and ultimately IPO's. Regardless of your plans I am here to help you succeed as you grow your business.
Alex M.
Mr. Mehdipour attended the University of California San Diego where he received his degree in political science. After graduating from UCSD, Mr. Mehdipour attended Southwestern University School of Law where he received his JD. Upon passing the bar, Mr. Mehdipour gained invaluable experience both in a law firm and business setting. Mr. Mehdipour uses his prior business and legal experiences to negotiate the most advantageous results for his clients.
October 22, 2021
Thaddeus W.
Experienced legal counsel to entrepreneurs, small businesses, and investors. Advising clients starting, buying, selling, operating, financing, and investing in businesses // U.S. Army Veteran // Ironman Triathlete, Marathoner, Open Water Swimmer, USAT Triathlon Coach // Lover of Dogs, Cribbage, Craft Beer, Bourbon, and Cigars
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Intellectual Property
Trademark Cease And Desist
California
Can I ignore a cease and desist letter for trademark infringement if I believe my use of the mark is fair use?
I recently received a cease and desist letter from a company claiming that my use of their trademark in my blog posts constitutes trademark infringement. However, I am using the mark in a descriptive manner to criticize and comment on their products, which I believe falls under fair use. I am unsure of how to proceed and whether I can ignore the cease and desist letter without facing legal consequences.
Dolan W.
Hello! Thank you for posting this question. In your case, the other party may claim that you are infringing on their trademark, but proving it is a different case. The Lanham Act provides for a cause of action for infringement of both registered and unregistered trademarks. (15 USC Section 1114(1)(a); 15 USC Section 1125(a)(1)A).) The 9th Circuit Court of Appeals has laid out some elements to help determine whether it creates an infringement lawsuit. 1. The complaining party has to prove they have a valid, protectable trademark and that they own that trademark; 2. The complaining party must prove that a mark is similar, and it was used without the consent of the moving party in a manner that is likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the goods. The likelihood of confusion can occur at the time of the sale, when there is initial interest by a consumer, or even after the sale, if the confusion causes a consumer to no longer buy a service or product connected to the mark. The court considers things like the strength of the original mark, whether you are using it for some fair use purpose, the similarity, the proximity of the products and marketing channels, whether there’s actual confusion, the defendant’s intent, the quality of respective products, and the sophistication of the customers. (Polaroid Corp. v. Polard Elecs. Corp. 287, F.2d. 492, 495 (2d Cir. 1961.) So what this means is that it'd have to be litigated, but you can argue you are not trying to sell products or services using their mark, but rather you are using it for some other purpose, such as to educate people about their business practices. Best of luck!
Intellectual Property
KISS Note
California
Can I legally use a KISS Note to protect my intellectual property?
I recently developed a new software application and I want to protect my intellectual property rights. I've heard about a KISS Note, which is a simplified form of a non-disclosure agreement, and I'm wondering if it would provide adequate legal protection for my software. I would like to know if using a KISS Note is a valid option to safeguard my intellectual property and if there are any limitations or considerations I should be aware of.
Randy M.
You’re not the first to confuse a KISS Note with intellectual property protection, and you definitely won’t be the last. It’s a common mix-up in the startup world. But here’s the truth: A KISS Note has nothing to do with protecting your software. It’s a financing instrument created by 500 Startups, designed as an alternative to convertible notes and SAFEs for early-stage fundraising. It’s a way for investors to give you money now in exchange for equity later. It does not offer any legal protection for your code or ideas. So What Do You Actually Need to Protect Your IP? If you're building software in California, there are several key legal tools you’ll want to have in place. Start with the ones that offer immediate protection and work your way toward longer-term strategies. Always Start with NDAs If you're showing your software to anyone (whether it's a co-founder, a contractor, an investor, or a beta tester) you need a solid non-disclosure agreement in place before you share anything. It’s your first line of defense, especially if you want to preserve trade secret protection. Your NDA should spell out exactly what you consider confidential. This might include your source code, algorithms, user data, business plans, or any other proprietary information. The agreement should also state how long confidentiality lasts and what the other party can and cannot do with your information. One important note here: California law prohibits non-compete clauses under Business and Professions Code Section 16600. Do not include one in your NDA. It won't be enforceable. Instead, focus strictly on confidentiality and use limitations. Copyright is Automatic, but Registration Matters As soon as you write your code, it’s protected under federal copyright law. That protection applies to the actual expression (the specific code) not to your underlying ideas, functionality, or algorithms. Even though protection is automatic, registering with the U.S. Copyright Office gives you significant legal benefits. You can’t file a federal lawsuit without registration. And if your copyright is registered before infringement occurs, you may be eligible for statutory damages of up to $150,000 per work and recovery of attorney’s fees. The process usually costs between $65 and $85 and takes a few months. Trade Secrets Require Real Effort to Stay Protected If your software includes proprietary algorithms, confidential processes, or unique technical methods that provide a competitive edge, you may be eligible for trade secret protection under the California Uniform Trade Secrets Act. But here’s the catch. That protection only lasts as long as you actively protect the information. This includes limiting access to your source code, using secure development environments, marking documents as confidential, and having everyone involved sign NDAs. You need to treat your trade secrets like actual secrets if you want the law to do the same. Considering Patents? Proceed Carefully Software patents are complex, especially following the Supreme Court’s 2014 Alice decision. You can’t patent abstract ideas, mathematical formulas, or generic computer processes. Your software needs to solve a specific technical problem in a novel, non-obvious way or improve the functionality of a computer system itself. If you've developed something truly unique — like a new data compression algorithm, a better machine learning architecture, or a new way to optimize networking — a patent might be worth exploring. Just keep in mind that the process is expensive, often costing $10,000 to $15,000 with legal fees. It can also take several years. Many software companies choose to rely on trade secrets and copyrights instead. How to Put All of This Into Practice Begin with what you can implement right away. Create a strong NDA template and use it consistently. Register your copyright as soon as your codebase is developed enough to be meaningful. Protect your trade secrets by putting real technical and legal safeguards in place. Track your development process carefully. Version control, timestamps, and contributor logs can all serve as useful evidence in a legal dispute. If you’re working with employees or contractors in California, be especially cautious. The state has employee-friendly laws, so your contracts must clearly state that all work product belongs to your company and that all confidential information stays confidential. When Should You Talk to a Lawyer? Once you’re dealing with patents, investor negotiations, infringement threats, or user data privacy, it’s time to bring in professional legal help. These are complex areas, and the risks are too high to wing it.
Intellectual Property
Developer Agreement
California
What are the key elements that should be included in a Developer Agreement?
I am a software developer and I have been approached by a company to develop a mobile application for them. They have provided me with a Developer Agreement to review and sign. However, I am not familiar with the legal aspects of such agreements and I want to ensure that I am protecting my rights and interests. I would like to know what are the essential elements that should be included in a Developer Agreement to safeguard my work, ownership of intellectual property, and ensure fair compensation for my services.
Dolan W.
When you're reviewing a Developer Agreement, it’s really important to make sure it covers the basics while also protecting your rights and interests. Here’s a breakdown of what you should look out for in plain terms: Hello! My name is Dolan and I am happy to help. First off, the agreement should clearly describe the scope of work (often called the "SOW") This means it needs to explain exactly what you're expected to do, including the features or functionality of the app, the timeline for delivery, and any milestones. Make it specific. It has to be clear what is defined as intellectual property and then who owns it. Compensation is another big one. The agreement should spell out how much you’re being paid, whether it’s a flat fee, hourly rate, or based on milestones. I Confidentiality clauses are pretty standard, but you’ll want to make sure they don’t go overboard. Termination clauses are also super important. These should say under what conditions either of you can end the agreement. Make sure that if the company decides to end things early, you’ll still get paid for the work you’ve done up to that point. We can always draft these things for you or look over what you've drafted. Best of luck! Dolan
Intellectual Property
Joint Agreement
California
Can a JV hold patents?
I am currently exploring the possibility of forming a joint venture (JV) with another company in my industry. As part of our business plan, we are considering the development of new products and technologies that may be patentable. However, I am unsure if a JV has the legal capacity to hold patents and protect our intellectual property rights. Therefore, I would like to seek advice from a lawyer on this matter.
Jane D.
As a legal entity, a joint venture (JV) can own a patent. Given the temporary nature of JVs and the fact that there will be multiple owners of any patents, there is a complex mix of intellectual property (IP) ownership rights, dispute resolution, and enforcement issues that need to be agreed upon in order to properly protect everyone's intellectual property rights. Consideration will need to be given to what IP ownership and rights will look like during and after the JV and it may be easier to have both companies listed as the patent authors for inventions from the outset (versus naming the JV as the author). A joint IP agreement is the best solution to outline the rights of each party, the process for developing patentable technologies sufficient to be a patent author, filing and prosecuting patents, and future licensing and exploitation of the patent.
Intellectual Property
Trademark Application
North Carolina
What are the fees for starting a nonprofit in North Carolina
I have been operating a ministry for helping prisoners that are released by way of podcast, but now we are growing and want to provide hygiene and other assistance for them as well. I have ran into issues with people wanting to donate but I am not operating as a nonprofit at this time. I am trying to accomplish this so I won't have to keep paying out of my pocket for the expenses.
Holly T.
You can look to NCnonprofits.org for basic info, but you are a growing content creator. You need help planning growth, content, releases and waivers, sponsorships and a trademark if you intend to grow this Podcast. TLCtrademarks loves advising content creators.
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