Insightful Discussion: Law

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L AW Small business owners often don’t think they need – or can afford – legal counsel. Learn how these industry leaders can assist with the many details of business ownership to ensure they are handled properly and help avoid potential legal and financial hurdles.

GEOFFREY A. LOSEE Partner, Rountree Losee LLP

RUSSELL NUGENT Of Counsel, The Humphries Law Firm P.C.

WOODY WHITE Attorney, Woody White Law PLLC

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STALWART FIRM EXEMPLIFIES THE VALUE OF EXPERIENCE CELEBRATING OUR QUASQUICENTENNIAL GEORGE ROUNTREE, III

GEOFFREY A. LOSEE

Grandson of the firm’s founder, North Carolina Bar Association General Practice Hall of Fame inductee, and US News Best Lawyers in America for over twenty consecutive years.

Mr. Rountree is an acknowledged expert in admiralty law and corporate law, he continues with his active practice and enjoys assisting with the firm’s other attorneys.

The US News Best Lawyers Wilmington NC 2021 Admiralty Lawyer of the Year, Managing Partner, Geoff Losee focuses on litigation defense, primarily in admiralty and maritime law. For over 20 years, he has focused on real estate matters, from acquisition to development and zoning. He also counsels Wilmington’s craft brewers on permitting and regulatory compliance. Mr. Losee is also a certified mediator.

STEPHEN D. COGGINS Mr. Coggins brings four decades of experience in litigation and regulatory matters, focusing on complex coastal business and property issues. He routinely handles coastal management, development, business associations, contracts, property, infrastructure, environmental, transportation, eminent domain, and insurance coverage issues. He has served as Town Attorney for two beach municipalities and has advocated legislation at the state and federal level. Before joining Rountree Losee, Mr. Coggins practiced in Raleigh and was a partner with Parker, Poe, Adams & Bernstein, L.L.P. He is also a certified mediator.

COREY T. ZURBUCH Mr. Zurbuch brings twenty-five years of experience. Licensed in North Carolina, Colorado and West Virginia, he has represented individuals and businesses in Eastern North Carolina, Aspen, Colorado, and Charleston, West Virginia where he was an equity member of Spilman, Thomas & Battle, PLLC. He routinely handles transactions and litigation related to construction, residential and commercial sales and leasing, stock and asset purchases, and owners’ association governance and related issues, and other complex matters.

PARDIS CAMARDA Ms. Camarda is experienced in litigation, admiralty, and maritime law. She is licensed in North Carolina and New York. She routinely litigates personal injury and property damage claims and complex maritime claims including insurance coverage issues, financial disputes in the commercial fishing industry, storm claims concerning yachts, recreational boats, piers, and marinas. She also handles insurance coverage matters, including domestic and international shipping and maritime issues and marine salvage claims.

MICHAEL BECKER Mr. Becker is an experienced estate planning attorney, licensed in North Carolina, South Carolina, and the United States Tax Court.

He routinely handles tax controversies, estate planning, and elder law. He also handles powers of attorney, trusts, wills, estate and trust administration, business succession planning, and more.

910.763.3404 · rountreelosee.com

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WHY YOUR BUSINESS SHOULD CONSIDER INTELLECTUAL PROPERTY PROTECTION How do I know if my idea/ product/business is worth protecting?

In short, consult a professional.

There are different types of intellectual property protection available and they each cover different subject matter and provide different types of protection.

In addition, every lawyer out there can tell you stories about clients that spent thousands on litigation as a result of trying to avoid hiring a lawyer to do something for them. Intellectual Property is a complicated area of the law and mistakes are costly. Hire a professional.

What kinds of things are eligible for patent protection?

Any new and useful manufactured article, machine, composition of matter, or process and improvements to them are eligible for patent protection.

The devil is in the details. Certain technology areas have a harder time patenting than others right now – namely biotechnology and software enabled inventions. In short, whether something is patentable is usually more a function of whether it is new and nonobvious.

What are the risks of not applying for patent protection?

First, there are a number of activities in which an inventor can engage that will defeat their right to apply for a patent including disclosing or offering to sell the invention more than one year before filing the application. In addition, there is always the possibility that someone sees the product you are selling, realizes it is not protected and starts selling it themselves.

Can I protect my business name or logo?

Trademark law protects any sound, symbol or device that is used in interstate commerce to identify a brand. Trademarks can consist of words, symbols, images or any combination thereof. There are also trademark registrations for sounds, color and even taste; although, registrations for taste are pretty rare.

The look and feel of a product or its packaging can sometimes be registered as well. To be registered, the trademark needs (i) to be used in conjunction with the sale of your goods and services, (ii) to be distinctive and (iii) not confusingly similar to another trademark already in use.

What are the risks of not registering my Trademark?

In some cases, another business that is selling a similar or related good or service may register your name or one similar to your own and threaten you with trademark litigation. Even if you adopted your trademark first, you could be left spending a lot of money in litigation to preserve your right to use your own name and worse yet, you may lose that right altogether.

In addition, without a registration you may find it difficult to convince third parties like web hosts to remove infringing content.

This discussion just scratches the surface of this topic. Business owners are strongly encouraged to seek the advice of an intellectual property attorney early to find out what intellectual property protections may be important to their businesses. There are deadlines for applying for certain types of protections so delay can be costly.

RUSSELL NUGENT Of Counsel, The Humphries Law Firm, P.C. Russell received his law degree from Georgetown in 2004. Russell helps individuals and businesses protect their innovations, creations and business information using strategies based in patent, trademark, copyright and trade secret law. His work includes both strategic planning and dispute resolution. He assists clients who want to buy and sell businesses, and license or transfer their intellectual property assets.

910.332.0721 · humphriesfirm.law

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BAD THINGS HAPPEN. GOOD RESULTS TAKE A SKILLED & EXPERIENCED ATTORNEY. What should individuals and businesses do within 24 hours when an unexpected legal issue arises?

Before taking a step in any direction, you must first determine what it is that is around you – what are the legal issues involved? Where is the cliff or the pitfall ahead, and how can it be avoided? Who can I trust to navigate this situation? No matter how fearful or intimidated one may be, the best decision, at the earliest stages of any crisis or legal issue, is to engage an experienced professional who can see clearly through the smoke and give good advice about a path forward.

How does your experience as a public official help your clients deal with difficult situations?

Over my 8 years in public office, I saw the inner workings of government at every level – and learned firsthand how a crisis is managed, how decisions are made, and how to achieve great outcomes. Finding the right path forward does not happen by accident. It is the result of good communication, an innate ability to obtain and sift through needed information, and then knowing how best to communicate your desired outcome. These important skills are necessary, and you want an experienced, proven leader on your side when facing a crisis.

In what ways does your firm work with companies and business attorneys?

In my 26 year career, I have helped dozens of other attorneys and business professionals with problems that have grown too large for them to solve alone. Can litigation or prosecution be avoided? If not, what will that process

look like, and how can it be managed?

Not every business or legal practitioner is equipped for a fight. But if you find yourself in one, winning is always the preferred outcome. Find someone that can help you win the fight.

What is public relations crisis management and when should you or your business consider it?

If you are asking yourself if you may need public relations assistance, then the answer is yes — at least for a consultation. It could be for a personal issue for you or a family member, an employee gone rogue or maybe a call from law enforcement. These are all potential PR crisis situations that need plans in place for containment and management.

Often individuals, businesses and government bodies are halfway through a public relations crisis before they start to address it. Proactively taking steps at the first sign of a potential crisis gives you the chance to manage — or hopefully avoid — a significant issue. This often means taking action in how you handle employee wrongdoing or self-reporting an issue to the proper authorities or regulators.

These situations can escalate quickly so an early assessment and a containment plan can make all the difference. Pick up the phone so you can get advice when it matters most and you give yourself the best chance for a win-win resolution.

WOODY WHITE Attorney, Woody White Law PLLC Woody White has over 26 years of experience as an attorney. He’s a native and longtime resident of southeastern North Carolina, serving clients in a variety of cases and our community as a public official.

A board-certified specialist in criminal law by the North Carolina State Bar in both federal and state law, Woody has been recognized as a top attorney by numerous groups, including Business North Carolina’s Legal Elite.

Woody White Law Firm can help if you need skilled, experienced advocacy in a criminal case, serious injury law, or in the event you are facing a personal or professional crisis.

910.338.4900 woodywhitelaw.com