Legal Question in Business Law in New York

Please as many lawyers as possible

I am starting a corporation that extends into many different industries such as IT, telecommunications, payroll etc etc. Will I have to trademark for each industry or just by trademarking the name will that cover me? Also do I have to trademark every piece of software created by my company or do I copyright it? The last thing on strategic alliances reminded me, I myself will have around 4-5 alliances. I need contracts for each. Also I need a contract that is reusable that I can use for affiliates. All of the contracts for the most part shouldn't be too difficult to write. Simple things like all software made is my property, all things done for my company is mine, all clients are mine, how we are splitting profits etc etc. The reseller/affiliate 1s should basically state everything is my property but that we arent liable for things they do with their customers etc etc. How much will this run me? Since I am just starting out and that is a lot of contracts can I maybe get a discount? How would we go about you drafting the contracts since most likely we won't meet? Lastly even though I will be a S-corp will I need insurance and what kind? Can you tell me of a good place to get insurance for a fair price?


Asked on 1/09/05, 8:22 am

3 Answers from Attorneys

Anthony Park Anthony S. Park, PLLC

Re: Please as many lawyers as possible

Dear sir or madam:

1. Trademarks. The types of trademarks you pursue depend on the exact nature of your business. Generally, trademarks serve to protect words or images that identify and distinguish your company's products and services from those of competitors.

2. Copyright. Software is usually protected by copyright, which provides protection to the authors of "original works of authorship," including software code.

3. Contracts. Depending on the different types of relationships you intend to forge with your strategic alliance partners (and the accompanying rights, duties, and obligations), it may be difficult or even impossible to draft a single partnership agreement that can apply to all 4-5 different partners.

4. Insurance. Whether you need insurance depends on several factors (will your business have a brick and mortor premises, what area of payroll will you be working with, etc.).

5. Communications. I am very comfortable working exclusively by email, as I have with many of my start-up clients in the past.

6. Cost. I can give you a better idea of the cost and any possible discount if you contact my firm directly at [email protected].

Thank you,

Anthony S. Park

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Answered on 1/09/05, 11:34 am
Joseph Tremiti TREMITI LLC

Re: Please as many lawyers as possible

Thank you for your inquiry. You raise issues related to trademark and copyright, contracts and contract preparation, and pricing of services. I would be pleased to discuss the specifics of the substantive matters with you, after which an appropriate pricing structure can be discussed. Please feel free to contact me at your convenience. I look forward to hearing from you soon.

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Answered on 1/10/05, 3:30 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Please as many lawyers as possible

I agree with Anthony, but you may need several attorneys to cover the various types of businesses and needs you have: patent and trademark. copyright, contract, general business and tax specialists. You might want to consider using several botique firms, that specialize in the various needs, and who can coordinate with each other. Fees will depend upon the types of matters you need covered. For example, trademark and copyright might be fixed fee matters; contracts may be fixed fee or an hourly rate; tax may be hourly or fixed fee for returns. Anticipate paying from $200/hour up for those with hourly rates, to about $750 to $1,000 for trademark, plus search costs and registration fees.

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Answered on 1/09/05, 1:06 pm


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