How to Form a Minnesota LLC without an Attorney

If you want to start a small business, you can form a new LLC (limited liability company) in Minnesota without hiring an attorney. You will save the expense of attorney’s fees, but you also will not have the counsel of a business attorney and will have some other risks.  The risks are explained at the [...]

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Can a Generic Term be Trademarked?

Every trademark attorney knows that a generic term cannot be trademarked. However, using a small exception to that rule, Best Buy registered a federal trademark in “best buy,” even though a court had previously ruled that “best buy” was generic. For a great summary of the situation, read Best Buy, Resurrected From the Trademark Graveyard? [...]

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Recommended Northfield Attorney

Northfield, Minnesota is known as the home of Carleton College, St. Olaf College, and its historic role in damaging the Jesse James Gang. Northfield is located about 30 minutes south of the Twin Cities in Minnesota. I lived in Northfield for a few years—it’s a beautiful city with a “small town” feel that still has [...]

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Minnesota NonCompete Agreements

As an attorney, I get two types of questions related to noncompete agreements: Is this contract not to compete enforceable? Would you draft a noncompete agreement for me? 1. Enforceability of NonCompete Agreements Whether the contract is called a “noncompete” or “do not compete” agreement, the intent is the same: the employer seeks to bind [...]

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Can an LLC be Taxed as an S Corp?

Yes. An LLC can be taxed as an S Corp, assuming it qualifies for S Corp taxation status. An LLC can also be taxed as a C Corporation. An LLC is a very flexible business type because it can be taxed as a corporation or S corp. Option 1: LLC electing to be treated as [...]

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Are RSS Feeds Copyrighted?

This article explains whether RSS feeds are copyrighted. In short, the answer is YES. What is RSS? Websites are norally accessed with a web browser. RSS is a technology that allows a webpage (blog, etc.) to be accessed without a web browser. RSS can be accessed by many tools, including an RSS reader, which is [...]

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Fiduciary Duties in Minnesota Small Businesses

Minnesota business owners in a partnership may desire to limit the fiduciary duties they owe each other. They may ask their lawyer to draft a partnership agreement providing limitations on their duty to disclose to each other. They may also ask their lawyer to include a provision allowing the partners to compete with the partnership. [...]

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Trademark & PPC Keywords, The Debate Over Adwords Advertising

The Minnesota Federal District Court is currently hearing arguments regarding whether a company can use Google AdWords to place ads on a SERP (search engine results page) when someone searches for a competitor’s name. The strategy makes perfect sense from a business perspective. If someone is using Google to search for your competitor, get your [...]

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IRS Tax Debt and an Offer in Compromise

Some people find themselves in a situation where they cannot pay their IRS tax debt. For example, a taxpayer may owe taxes but cannot pay because the taxpayer has little money compared to the taxpayer’s debts. If the IRS is convinced that the IRS will probably not recover the amount owed, the IRS may make [...]

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Free Web Links and Listings for Your Business

Small businesses are often looking for free advertising. Online directories provide a few benefits: free directory listing calls from new potential customers sometimes a free link to your website Directory listings are especially valuable to small businesses that target a local geographic market, such as real estate agents, retail stores, accountants, attorneys, etc. You can [...]

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