2015

Blog Posts in 2015

  • Why Should My Small Business Protect Its Intellectual Property?

    || 16-Jun-2015

    Intellectual property (IP) refers the creations of the “mind.” Such creations include literary and artistic works, inventions, designs and symbols, or a name or image used in commerce. There are laws in place to protect intellectual property; for example, copyrights, trademarks and patents. These laws allow people to earn recognition and financial benefits from their inventions or ...
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  • When to Hire a Business Lawyer

    || 10-Jun-2015

    If you have never hired a business lawyer before, you may be wondering if you need to hire one now. Business law attorneys are extremely valuable to entrepreneurs and business owners, and are able to help in a plethora of scenarios. From assisting with the incorporation process, to drawing up contracts, to representing your interests if you are confronted with litigation, an attorney can ensure ...
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  • Breach of Contract Under California Law

    || 2-Jun-2015

    A contract is an agreement that creates obligations between parties, which are enforceable by law. A contract involves elements such as capacity, consideration, mutual assent, and legality. The remedies for a “breach of contract” include general damages and specific performance among others. A contract is essentially a promise that the law will enforce. If a promise is ...
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  • What is Patent Infringement?

    || 28-May-2015

    Patents are intellectual property rights granted by the U.S. Patent and Trademark Office. With a patent, the owner has the right to exclude others from producing, using, or selling the invention in the U.S., or importing the invention into the U.S. for a set period of time. In exchange, the owner publicly discloses the invention when they receive the patent. Patent infringement occurs when someone ...
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  • How are Trade Secrets Protected?

    || 13-May-2015

    Any business information which gives the enterprise a competitive edge can be considered a “trade secret.” If a developer of such useful information keeps the information secret, then they have a tort remedy against anyone who wrongfully obtains the information and uses it. A trade secret is information used by a business that is secret, and that provides an economic advantage to the ...
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  • False Advertising Under California Law

    || 7-May-2015

    California’s unfair competition law was designed to protect competitors and consumers by promoting fair competition in the marketplace. Under Section 17500 of the Business and Professions Code, it is unlawful for any individual, corporation, or employee to directly or indirectly advertise or disseminate any statement that is untrue or misleading concerning real or personal property, or ...
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  • Filing a Trademark Infringement Claim

    || 30-Apr-2015

    A trademark refers to any word, slogan, symbol, design or combination thereof that distinguishes your goods and services from that of others. Trademarks distinguish the source of products; they are not limited to just words and designs, in some circumstances they can also be a sound, color, or smell. Benefits of a Federally Registered Trademark: Mark is listed in USPTO’s database Public is ...
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  • Statute of Limitations for Contracts in California

    || 22-Apr-2015

    If a plaintiff wishes to file a lawsuit stemming from a breach of contract, California law requires that the plaintiff files the suit within a specific period of time after the defendant’s alleged breach. In breach of contract cases, the first place the defendant’s attorney will look is to the state’s statute of limitations. If the defendant can show that the statute of ...
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  • Actionable Claims in Construction Defect Litigation

    || 16-Apr-2015

    In California, construction defect litigation is essentially governed by the Right to Repair Act (Ca. Civil Code, §§896-945.5), which is often referred to as SB 800, and by the Davis-Stirling Common Interest Development Act. For our purposes, we are going to expand upon the Right to Repair Act. The Act outlines what constitutes a construction defect in California; it does this by ...
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  • What Is Tortious Interference?

    || 9-Apr-2015

    Tortious interference, otherwise known as “intentional interference with contractual relations,” is the situation where someone intentionally interferes with or damages another’s business or contractual relationship. This tort applies to contractual relationships, and certain business activities, regardless if they involve a contract. Tortious interference with contract rights ...
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  • Protecting Your Business When Sued by a Bank

    || 11-Mar-2015

    If you are currently being sued by an Orange County bank, or have reason to believe that a bank is engaging in unreasonable behavior, the future of your business depends on taking immediate action. The last thing you want is for the bank to win the lawsuit by default, simply because you sat back and did nothing. Every moment counts as you consider the most effective way to respond to the ...
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  • California's Unfair Competition Law

    || 3-Mar-2015

    When it comes to running a business, it is normal to try and stay one step ahead of your competitors. But there are lines that should not be crossed – lines that are outlined in California’s unfair competition law (UCL). Under California Business and Professions Code § 17200, businesses are prohibited from any actions that are unfair, unlawful, or fraudulent. Examples can include ...
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  • Sued in Orange County? Be Prepared to Take Action

    || 20-Feb-2015

    Were you recently served with a Summons and Complaint? If so, you may feel concerned about how to handle this lawsuit against either you or your business. Above all, stay calm. Giving way to panic and anxiety can only make an already frightening situation worse. Next, it is imperative that you consult with an Orange County business attorney from The Mirkhan Law Firm. We understand exactly what ...
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  • Do I Need an Attorney for a Breach of Contract?

    || 13-Jan-2015

    When faced with a breach of contract you have two options. You can remain frustrated over lost time and money lost or decide to take legal action. Our firm believes the latter option is much more profitable for your business, both in the short-term and the long run. Unfortunately, many business owners are unsure of how to handle a breach of contract and wind up wasting even more resources ...
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We believe that legal cases are similar to chess games. Making the right move is of the utmost importance.