Dallas Business Litigation Blog

Nintendo settles intellectual property infringement case

On behalf of Kaplan & Moon, PLLC posted in intellectual property disputes on Thursday, November 15, 2018.

For many companies, their name plays an important role in their success. Consumers can easily recognize the name, connect it to the company's products and know that they are getting the product they desire. However, businesses may face intellectual property infringement from individuals looking to make money from their hard work.

Texas readers may be interested in an out-of-state lawsuit that recently came to a settlement. The case involves gaming company Nintendo and a couple who ran two websites that offered the company's games as downloadable files that could be played without the intended gaming systems. Nintendo claimed that the couple and their websites directly infringed on its intellectual property. The company claimed that there were 140 infringing files and 40 trademark violations on the couple's websites.

Employment contract disputes lead hotel workers to strike

On behalf of Kaplan & Moon, PLLC posted in employment contract disputes on Thursday, November 8, 2018.

Contracts are useful documents in the business world. Business owners can create agreements between vendors, shareholders, partners, employees, and many other individuals or entities. While these documents can provide a layer of protection, it is not unusual for employment contract disputes to come about.

Texas readers may be interested in strikes currently underway in another state, involving Marriott International hotel workers. The strikes have taken place in three different locations and occurred due to the labor union and Marriott being unable to come to new contract terms. The workers are hoping to obtain protections from sexual harassment, assault and replacement by technology, and they also want higher wages. They would also like the company to provide panic buttons so that workers could call for help in the event that a hotel guest attempts to harass or attack a worker.

Resolving employee contract disputes

On behalf of Kaplan & Moon, PLLC on Thursday, November 8, 2018.

Running a business is a multifaceted occupation. There are many different elements business owners have to consider in order to get their company running smoothly. One of the more complicated aspects of operating a business is managing employees. Businesses and business owners can run into many complications with their employees and these disputes can end up being expensive and time-consuming.

Solving these disputes is usually not simple. However, there are certain ways business owners can address and respond to these disputes in order to get past them more smoothly.

Shareholder disputes can arise among siblings

On behalf of Kaplan & Moon, PLLC posted in partnership & shareholder disputes on Thursday, November 1, 2018.

Working with family can have its ups and downs. Some family members may get along well, and a family-run business may operate smoothly. In other cases, siblings may believe that each is not being treated fairly, and it is not unusual for shareholder disputes involving family members to take place.

Texas residents may be interested in such a dispute that recently came to a verdict in another state. The situation reportedly involved a brother and sister who are both shareholders in their deceased father's automobile dealership and real estate company. The brother is the majority shareholder and handles business operations. The sister filed a claim stating that her brother had been taking money from the family business and using it for his personal businesses. As a result, she sought $30 million in damages.

Makers of Splenda settle business litigation over trademark issue

On behalf of Kaplan & Moon, PLLC posted in intellectual property disputes on Tuesday, October 23, 2018.

Most companies work hard to make their products easily recognizable. They want their customers to look for a logo or other, often trademarked image that lets them know that the product inside is of a high quality. However, some other companies selling similar products may attempt to make their appearance similar to others, which can cause issues that may lead to business litigation.

Texas residents may be interested in a legal case involving trademark infringement between the makers of Splenda and a franchisor of multiple restaurant chains. Reports stated that the franchisor was using a lower quality artificial sweetener in a package that looked similar to that of Splenda. Patrons of establishments like IHOP and Applebee's were given this off-brand option when they requested Splenda.

5 misconceptions about shareholder agreements

On behalf of Kaplan & Moon, PLLC on Tuesday, October 23, 2018.

When you own a business, you must focus on both the short and the long game. Short game: ensuring your profit/loss ratio is heading in the right direction. When it comes to the long game, a business owner needs to think about legally binding contracts, share prices and who will run the company after you are gone.

If you own the company with others, part of your long game may have also included a shareholder agreement. That is not always the case, however. When people come together in shared ownership of a business, it can feel a lot like a marriage: people with a common vision and unique strengths, coming together to increase stability and, therefore, power. Like a prenuptial agreement in a marriage, some business partners feel that a shareholder agreement is only for those who don’t trust each other, or for the businesses with billions of dollars in revenue. That is not the case, however.

Business collection necessary after lack of payment for supplies

On behalf of Kaplan & Moon, PLLC posted in business collections on Tuesday, October 16, 2018.

Companies often enter into agreements with other businesses in order to obtain supplies or services. These arrangements are often beneficial and can help companies operate as needed. Unfortunately, issues can also arise with these types of business relationships, especially when a company does not pay for the supplies or services rendered. As a result, business collection may need to take place.

Texas residents may be interested in a lawsuit currently underway in another state. Reports indicated that a grocery store chain announced that it would be going out of business, and a product supplier has since filed a lawsuit against the grocery store for unpaid deliveries. The produce wholesaler apparently supplied more than $453,000 worth of produce that the grocery store chain has not paid for.

Joint ventures do not always go as hoped

On behalf of Kaplan & Moon, PLLC posted in joint venture disputes on Thursday, October 11, 2018.

It is common for businesses to come to agreements with other businesses in hopes of helping each company thrive. These joint ventures can often have beneficial outcomes when the agreements go as intended, but it is also not uncommon for business relationships to prove less successful than hoped. In some cases, issues could even lead to lawsuits.

Texas readers may be interested in a lawsuit that is currently taking place in another state. Reports indicated that a donut company has filed the lawsuit against a county councilwoman, her son and their companies, who were all involved in a joint venture agreement. Apparently, the councilwoman and other parties came to an agreement with the donut company to have the donuts distributed within various companies and stores. As a result, the donut company moved into the councilwoman's building to order to more easily meet the donut demand.

Adding a humanizing touch may help when clients do not pay

On behalf of Kaplan & Moon, PLLC posted in business collections on Wednesday, October 3, 2018.

Running any type of Texas business is hard work. It takes time and dedication to start and continue operating a company. Of course, it also takes money to run a business, which is why business owners have to think carefully about their prices of service and the expenses associated with operations. Additionally, business can suffer when clients do not pay.

A business owner's first reaction may be anger when a client or customer does not pay. However, reacting rashly may not be in anyone's best interests. Instead, the owner may want to have someone call the client on behalf of the company to discuss the outstanding balance. This may make clients work harder to complete their payment, and it also prevents direct communication with the business owner, which may prevent conflict.

Taco restaurants in business litigation over use of trade secrets

On behalf of Kaplan & Moon, PLLC posted in intellectual property disputes on Wednesday, September 26, 2018.

Business owners and operators often have to work hard to set themselves apart from other companies. They may develop certain looks, gimmicks, themes, logos and other strategies to intrigue potential customers and to keep regular customers coming back. When another company attempts to use trade secrets in order to create a similar establishment, business litigation may take place.

Texas residents may be interested in this type of scenario currently underway in another state. Apparently, the owners of a taco restaurant have filed suit against a former business partner after that individual chose to open his own restaurant, which has striking similarities to the first establishment. The owners of the first restaurant claim that the man used trade secrets in creating his business and that he also violated a written agreement executed upon his separation from the company.