BUSINESS LAW

In today’s economy, the challenges businesses or business owners face are vast.  From contract disputes to collecting unpaid invoices to dealing with employee issues, you know that you can’t face all of these issues alone.  Business law may seem overwhelming, but it doesn’t have to be.  You just need the right business lawyer on your team! Cozza Law Group PLLC provides advice and counsel in all of these areas, as well as many other areas of business law.  We are redefining the legal services industry by making the complex simple.  Our clients appreciate our practical approach to solving their challenges.


As our goal is to become your trusted advisor, we take the time, on our dime, to learn about your business and how it operates, so we can understand the potential issues, as well as provide proactive solutions to save you time and money in the long run.

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When starting or running a business, your brand becomes an extremely important asset. Just like incorporating to protect you personal assets, why not protect this business asset by filing a trademark application. Registering your trademark with the United States Patent and Trademark Office may be the difference between successfully protecting the brand name and losing it to a competitor.


What is the difference between registered and unregistered trademarks?

You have seen them thousands of times over your life. When a trademark is registered, it is identified by the ® symbol following the mark. There are common law rights to trademarks which are defined by case law and you can assert common law ownership of unregistered trademarks by placing the ™ symbol after the mark. Registered marks are those that have gone through the process from application to publication with the United States Patent and Trademark Office (USPTO). By doing this, you are added an additional lawyer of protection to your asset.


What is the Trademark registration process like?

The trademark application process can take a bit of time. Preparing the initial application can be completed rather quickly with the concerted effort of the mark owner and their attorney. However, once the application is filed with the USPTO, the waiting game begins. Actual registration can sometimes take up to a year, as there are additional steps to take after the initial application is filed. Having an attorney guide you through them will save you many headaches along the way.


If I have common law right, what are the benefits of trademark registration?

According to the USPTO, the benefits of registration include:


  • Public notice of your claim of ownership of the mark;
  • A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration;
  • The ability to bring an action concerning the mark in federal court;
  • The use of the US registration as a basis to obtain registration in foreign countries;
  • The ability to record the US registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods;
  • The right to use the federal registration symbol ®; and
  • Listing in the United States Patent and Trademark Office’s online databases.
  • Additional frequently asked questions are answered at the USPTO website and we can help answer any other concerns you may have about the benefits.

What happens if someone is using my trademark?

You need to talk to an attorney right away to make sure you are not relinquishing your rights as a mark owner. The onus is on the mark owner to protect their trademark and there are appropriate steps to take to do just that. When it come to protecting your mark, we can help.


One of the most important things a business and business owner can do to ensure that their business is properly conducting and protecting itself is by utilizing properly drafted contracts.  At Cozza Law Group PLLC, we assist businesses and business owners with drafting and reviewing various types of contracts.  You may not realize this but anytime your business does something for someone, someone does something for your business, that relationship should be governed by a written agreement setting forth the rights and responsibilities of the parties to the agreement.


As stated above, there are many types of contracts you will deal with over the course of running your business and we can help with all of them.  Some examples of these agreements are:


  • Service Contracts
  • Employment Agreements
  • Independent Contractor Agreements
  • Licensing Agreements
  • Franchise Agreements
  • Talent Agreements
  • Confidentiality and Non-disclosure Agreements
  • Non-Competition Agreements
  • Non-Solicitation Agreements
  • Consulting Agreements
  • Shareholder Agreements
  • Management Agreements

This list is just a few of the types of agreement we work with.  We can tailor any type of agreement to fit the needs of you and your business.  We also assist and/or handle the negotiation of contracts with third parties, ensuring your needs are covered.

Non-compete agreements cause a great deal of uncertainty in the business world today.  Employers need to ensure the agreements they have in place with their employees will hold up in a court of law.  Employees need to examine the enforceability of the agreement they signed before they take that new job.  Both of these situations lend themselves to seeking appropriate legal counsel.  Here, at the Cozza Law Group, we can draft non-compete agreement and other restrictive covenants, review current documents in place or analyze the likelihood of enforceability.  Further, we also advice employees of the risks in signing a non-compete agreement prior to engaging in new employment.  All of these service are done on a flat fee basis so there are no surprises.


So what is a non-compete agreement?


A non-compete agreement is either an agreement itself, or a provision in another type of contract, in which an employer requires an applicant or employee to sign  to prevent them from working for a competitor and not to form a competing business during the term of employment and for a period of time afterwards. Companies may ask an independent contractor to sign a non-compete as well.


How does that differ from a non-solicitation agreement?


A non-solicitation agreement does not necessarily prevent an employee or party from working for a competitor or starting a competing business, it merely provides that an individual may not solicit the employer’s customers or employees if the individual starts a competing business or works for another employer.


Are these types of agreements enforceable?


The enforceability of  non-compete or non solicitation agreements (“restrictive covenants”) largely depend upon state law and the reasonableness of the terms of the non-compete and non-solicitation agreements. Whether a non-compete or non-solicitation agreement is reasonable depends upon the facts of the case, including the geographic area involved, the duration of the agreement and the scope of the work involved. In Pennsylvania case law, employers are required to ensure employees receive something in return for agreeing not to compete, whether it is employment itself when hired or something additional, after the employee’s service has already begun.


These agreements are very important and we have extensive experience in reviewing, drafting and analyzing all types of restrictive covenants.  It is important, whether you are a business or an employee, to understand these agreements, what they prevent, what they don’t prevent and the consequences of signing one.

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The Cozza Law Group PLLC is Pittsburgh’s premier boutique law firm serving small to large companies, start-up entrepreneurs, and seasoned business owners. Our lawyers have been recognized by Pennsylvania Super Lawyers as a Rising Star on numerous occasions, The Best Lawyers in America, and Lawyers of Distinction.

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