Module 4  
Chapter 10

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 Business Organizations & Intellectual Property 

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Business Organizations 

Using the following scenario, hyper linked material, and any material you may find analyze the fact pattern to determine the requirements for this client to enter into business in Maryland. 

Fact Pattern

A client has come into the office and wishes to open a business harvesting and selling ginseng.  The client really doesn't know anything about law.  He knows only ginseng.  Your supervising attorney asks you to prepare an informative letter for his/her signature that includes the following: the steps to create this new business in Maryland, the differences in forming a corporation and limited liability company,  whether permits are needed.  Also, search to see if the name he/she has chosen for the business has been taken as a business name or trade name. (You pick three names and search them.)

Using the Maryland Department of Assessments and Taxation Website read the following and prepare the documents requested.

Drafting Articles Of Incorporation For A "Stock" Corporation

Forming a Maryland Limited Liability Company

Maryland Checklist for New Businesses

Maryland's Business License Information System 

Maryland Business Entity System 

Requirements

Write an informative letter for you supervising attorneys signature.
Include with the letter supporting documents for his/her review.
On a separate sheet cite all references properly.
Insert the letter and all of the information retrieved  into the Business Organizations section of the   Paralegal Reference Manual.

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Intellectual Property

Although you have complete intellectual property I wanted to give you an opportunity to see haw a trademark issue might arise in a law firm.  Here you will deal with Maryland Trademark Law.

Using the following scenario, hyper linked material, and any material you may find analyze the fact pattern to determine if the client needs to register a trade name in Maryland and whether he/she can register a copyright here. 

Fact Pattern

A new client has come into the office.  This client is operating the YumYum Cookie Company and has Federally Registered Trademark and Name for his Company.  He/she wants to know if they need to register that name in Maryland.  He/she also wants to know if they are not required to register may they register anyway and is the name already taken?  In promoting the cookies the owner of the company has written a book called "Cookies to Die For ."  It is a murder mystery with YumYum Cookies as the catalyst.  He/she wants to know if he/she needs to also copyright the book in Maryland.

Statutory Authority: Business Regulation Article, § 1-401 et seq.

Search the Trade & Service Mark database

Frequently Asked Questions

Application form

Maryland classification list

Assignment of Mark form

United States Patent and Trademark Office

Insert the chart into the Maryland Statutory Law section of the  Paralegal Reference Manual. 

Requirements

Write a brief informative letter regarding your analysis and findings.

On a separate sheet cite all references properly.

Insert the informative letter and all of the information retrieved  into the  Business Organizations section of the   Paralegal Reference Manual.

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03/31/09 12:11 PM

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