Legal Question in Business Law in New Jersey
I own an LLC in NJ. We are a apparel brand and someone from Japan wants to be the primary distributor for our products. Only issue is he registered my company's name in Japan and also created a mirror image of our website in Japanese. From what I've researched, there are no international trademarks/copyrights to protect me. Since as of now he is on my side (wants to legitimately distribute our products) what should I do to make sure this does not backfire? Should we have contracts? What kind?
3 Answers from Attorneys
Putting this issue aside, you need a NJ business law attorney. Lets say you have all of the contracts in the world, do you even know how you would enforce anything with this guy? Again, sit down with an attorney and your business will be much better for it. I can refer you to a good attorney, so call me at 732/247/3340.
Based on the facts you present, it appears that you have two issues to resolve. The first concerns business arrangements with the party from Japan. At this stage, your best course of action is to engage a business law attorney to negotiate and draft agreements covering distribution rights, licensing, trademark ownership, and other related topics.
The second issue concerns protecting your trademark and other intellectual property, both in the United States and elsewhere. You or your attorney should ensure that you have properly registered your trademark with the US Patent and Trademark Office. The process is relatively straightforward but you should have an experienced attorney involved as the details can be complex. In addition, you should register your trademark through the World Intellectual Property Organization (WIPO). Many countries are signatories to the Madrid Agreement and implementing protocol, and registering will help protect your trademark in these member countries.
Feel free to call my office to arrange a consultation if you would like to further discuss this matter.
I agree with the other writers, and offer my services if you need assistance. I have negotiated distributor agreements with Japanese companies, and they usually are honored, although I cannot represent the legitimacy or integrity of the entity or the people with whom you are negotiating. I also suggest you retain a good patent/trademark attorney to assist you in international registration of your products/services and web site.
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