Legal Question in Technology Law in California

Re: California Law requisets for selling on the web

Since I am not licensed in California, I cannot advise you on the permitting process you may to engage in to conduct your business.

As to your other issues:

1. Yes, you should look into having a trademark search done on "Bag Lady" for online sales to see if it is available. If it is available, you may wish to consider federal and state trademark registration of the mark. The Feds will let you register the mark prior to using it in commerce; most states allow registration only of marks that are already in use. I am not aware of what California allows for trademark registration.

2. As to Sales Tax, if you are based in California, you will need to collect sales tax from California purchasers. If you have other substantial connections to other states, you'll also need to collect sales tax from residents of those states. You will need to get a sales tax license from the states you are collecting taxes in.

3. Other issues. You might want to look into incorporation or a limited liability company as a legal entity for your endeavor. This is because of liability issues.

Please let me know if I can be of assistance or can make a referral to our Lex Mundi sister firm in California.

Best regards,

Todd D. Epp, Esq.