Pile Law Firm, PLLC

How Can I Be Positive My Trademark is Unique?

As a seasoned trademark attorney, I cannot overemphasize the importance of conducting a thorough trademark search before registering your valuable trademark. This critical step ensures that your mark is unique and available for registration, safeguarding your business’s growth, identity, and reputation.

Developing a solid and distinctive trademark is a significant achievement for any business. It becomes synonymous with your brand, distinguishing you from competitors and leaving a lasting impression on consumers. However, selecting a mark is only the first step; conducting a thorough trademark clearance search is the next crucial undertaking. This search aims to determine whether your chosen trademark is already in use by a third party or if it bears any similarities to existing marks, especially those in the same or related industries.

To conduct a legally proper and professional trademark clearance search, the knowledge and expertise of experienced trademark law attorneys are indispensable. Our team understands the complexities and nuances of trademark law and possesses the necessary skills to navigate the intricate process of conducting a comprehensive search.

The objective of a trademark clearance search is to unequivocally establish that your proposed trademark will not cause confusion among consumers regarding the source of goods or services. We leave no stone unturned in our quest to uncover any existing marks that may pose a likelihood of confusion. This includes searching not only the state and federal registers but also unregistered trademarks. We go the extra mile to ensure a thorough investigation, as even similarities with unregistered marks can lead to potential conflicts, especially if the other party is “famous” in their respective field. The best way to protect yourself and your mark is to have your trademark clearance search thoroughly done by a professional Blue Bell trademark attorney.

What Are Some Ways My Lawyer May Carry Out My Trademark Search?

While the United States Patent and Trademark Office (USPTO) database is an invaluable resource, our search extends far beyond it. We employ a range of tools and strategies to conduct a comprehensive search, such as:

• Searching for all similar trademarks.
• Searching all federal and state databases.
• Searching all “registered” trademarks.
• Searching all pending, canceled, or abandoned trademarks.
• Checking all findings with the USPTO.
• Searching all companies that provide similar goods or services.

Additionally, we delve into the realm of companies providing similar goods or services to identify any potential conflicts. This comprehensive approach ensures that your trademark search is meticulous, leaving no room for inadvertent infringement and protecting your business from legal disputes, potential lawsuits, and cease-and-desist orders.

The importance of your trademark to your business, reputation, and more must be considered, and the examiners at the USPTO do not conduct searches for unregistered marks. This is one area that your knowledgeable trademark attorney will protect you from and a very plausible scenario that you, as a business owner, would want to avoid at all costs.

Are There Specific Requirements for My Trademark To Be Registered?

Some rules established by the U.S. Patent & Trademark Office (USPTO) are simple, but many are not.

There are some basic requirements that your trademark must meet for it to be eligible for trademark protection, which include the following:

• Your trademark must be in use in commerce.
• It must be unique and distinctive.
• Your trademark must be applied for under the actual business owner’s name.
• The applicant must specify what type of entity it is (individual, corporation, etc.).
• Your trademark must have no conflicts with other trademarks.

The first requirement that a mark be used in commerce is mandated because the mark must be used in connection with the goods or services in the marketplace. The USPTO also allows for intent-to-use applications, where a trademark application can be filed before actual use, but evidence of use will be required later in the process.

This may seem like a simple and transparent legal process, but it is not. Once you’ve spent the time, money, and expertise to develop a valued identity for your business, you certainly don’t want to battle for its rights all over again legally. A thorough, professional, and well-done search before registering will stop that from happening to you and your business.

What Happens If My Trademark Is Similar To Other Companies?

Suppose your registered or pending registration trademark is similar to another business. In that case, there is a greater likelihood that they will be confused with each other, and legal infringement could occur.

Trademarks can be similar in several ways. When attempting to determine if the similarity is a problem, the trademarks can be compared in many ways, such as their appearance, sounds, connotations, and the commercial impression they put forth; many facts must be evaluated.

For example, suppose your trademark shares a common word or term. In that case, both marks may be considered similar in appearance, even if one contains additional other letters or another word or two. This would especially hold if the added material were descriptive or suggestive of your company’s goods or services.

If you have this issue before or after registering your trademark, the advice and guidance of your professional, experienced, and aggressive trademark law attorney will be invaluable.

I Want To Register My Companies Trademark; How Should I Proceed?

First, if you’ve spent years building your business and want a trademark that identifies your valued business, the help of a professional trademark law attorney is crucial.

If you believe this to be a simple legal matter, you could expose your business to legal issues you should never have. Failing to conduct a comprehensive, professional trademark search can rapidly become a serious legal problem if you face allegations of trademark infringement. Even a possible alleged violation, which may be entirely unintentional, could have you looking at lawsuits, cease and desist orders, and more.

Your trademark is and will become a precious commodity, and it all rests on the thoroughness of a professional, detailed trademark clearance search. For the future of your business and its reputation, always rely on the experienced and skilled legal guidance of the Pile Law Firm, PLLC, to get the job done right. Call us today at (610) 718-6368 and ensure your valued trademark represents your business with solidarity.

What Are Some Benefits of Forming My Business As an LLC in Pennsylvania?

If you’re starting a new business in Pennsylvania, there are many ways to structure it legally. While doing your research, you will come across the terms “limited liability company” and “LLC,” however, you need to fully understand what this type of entity is and whether it is the appropriate structure for your business goals.

A limited liability company (or LLC) is a business entity that protects its owners by shielding owners from personal liability for debts the company incurs. Although other business entities also offer liability protection, the LLC stands out from other entities.

The LLC is unique as it combines numerous characteristics of other legal entity types, which makes it one of the most preferred legal structures for any new company.

Some of the benefits of a general LLC business include:

• Limited Liability Protection – One of the most recognized characteristics of an LLC is its limited liability protection. This benefit allows its members to separate their assets from those of the companies. Accordingly, it enables its members to pursue business purposes while reducing risk to their personal property.
• Pass-Through Taxation – This benefit is valuable as it helps to avoid double taxation. Unlike other business entities, the LLC is not taxed at the entity and ownership levels. Your LLC business is taxed only at the ownership level.

In other words, your business taxes pass through to the owners. This unique benefit exists because the IRS does not recognize the LLC as a separate legal entity for tax purposes. By default, your business is considered a single-member LLC and taxed more as a sole proprietorship.

• Custom Management Structure – Your LLC does not mandate any particular management structure. Members can decide to manage the company or use one or more managers who do not have to be members (aka owners).
• More Relaxed Compliance Requirements – An additional benefit of the LLC is considerably less stringent compliance requirements. For example, your LLC does not have required annual meetings or have “ boards of directors.” The running of your business can be much more flexible and trimmed down legally.

Of course, the above is a simple overview, and discussing your new business with a local Bluebell business lawyer will provide you with the detailed information you must have to make the right choice.

Are There Any Risks of Being An LLC in Pennsylvania?

There are always risks, which is why all the owners of your new business must meet with a knowledgeable and detailed business lawyer and discuss the pros and cons of forming an LLC.

Each business owner must analyze their situation and determine whether the benefits of forming an LLC outweigh the risks.

The following are some of the risks to consider:

• The Loss of Limited Liability – Your LLC does provide the owners with limited liability. However, poor practices could result in an LLC losing its liability shield. For example, if your company fails to properly maintain adequate separation between the company’s assets and the member’s assets, and an issue ensues, then the court could find grounds to pierce the “liability veil.”
• Possible Difficulty Enticing Investors – An LLC’s looser, more flexible structure can make it less appealing to investors. It could be more challenging to ensure investment returns without strict structural elements like mandatory meetings and reports. If investors are vital to your growth and operation, your experienced Blue Bell business lawyer will ensure you know all the facts before you proceed.
• Pass-Through Taxation – This can sometimes be a “double-edged sword” and have drawbacks for LLC members because the income tax that members pay on business earnings will occur whether or not dividends are paid to the members.

What Are the Different Types of Business Entities in PA?

Although forming an LLC has become extremely popular for rational and sound business reasons, a qualified Blue Bell business lawyer will ensure you have all of the information needed to decide on what structure is proper for you.

Some of the other types of business entities are:

• A Sole Proprietorship – This is a  type of business entity where there is no legal distinction between the owner and the business. A “sole proprietorship” can be informal and formed without filing with the state or formally registered as a fictitious name. The owner has unlimited personal liability for the debts and obligations of the business.
• A Partnership –  A general Partnership just means that two more people engage as co-owners in a business without formally filing any paperwork with the state to form a for-profit company. Each partner of a general partnership has equal rights and liabilities in the partnership. Partners have unlimited personal liability for the partnership’s debts and obligations. There are other types of partnerships, including Limited Partnerships and Limited Liability Partnerships.
  • A limited partnership is composed of one or more general partners and one or more limited partners. General partners have unlimited personal liability, while limited partners have limited liability based on their capital contributions to the partnership.
  • A limited liability partnership is a partnership where the partners enjoy limited personal liability for the acts of other partners. Liability protection varies depending on the partner’s involvement and responsibilities.
• A “C Corp” Corporation –  This is your more well-known form, and the owners of a corporation are shareholders. Corporations are created by Pennsylvania state statute. Shareholders generally have limited personal liability for the corporation’s debts and obligations. There are a few types of corporations that your lawyer will outline if they fit your targeted needs more effectively.

How Can a Business Lawyer Help Me Form an LLC

An LLC may be more straightforward and flexible, but it’s still a company and certain procedures need to be followed. There are reasons to use an LLC, but the real question is what type of business entity best suits your needs. Obtaining a complete case evaluation with your local, detailed, and experienced business lawyer will always help you ensure this critical decision is right for your business and its future.

These are some things you will need to consider when forming any business entity:

• Choosing a legal and distinct name for your company and possibly a fictitious name.
• Appointing a registered agent for your company.
• Filing a correct and complete Certificate of Organization.
• Preparing a thorough, detailed, and legally correct operating documents for your business.
• Filing for your company’s EIN.
• Filing annual registration.

No matter what business you have, structuring it correctly is the first significant and critical decision. You must get this right, and once done, file correctly, legally, and always with the guidance and knowledge of a professional business lawyer.

I’m Forming a New Business; How Should I Proceed?

Forming your new business as an LLC may be the right thing for you to do for sound and rational business reasons. However, in today’s business climate, doing it yourself is often a mistake.

You want to start your business on solid, legal grounds, and you must have the professional guidance of a qualified business lawyer to do it.

The Pile Law Firm, PLLC’s business law team, has always been dedicated to ensuring that your new (or existing) business is legally sound and ready to forge ahead and thrive.

Call us today at (610) 718-6368, and we will help you with all of your business challenges, regardless of how complex they may be.

Why Should I Monitor for Unauthorized Use of My Trademark?

You’ve put a lot of time and money into formulating your business trademark, and it’s now become a valuable tool to identify and successfully grow your business.

However, for your trademark to be an effective tool to identify and protect your business’s reputation and integrity, it must be protected and consistently enforced.

All valid trademarks are registered with the U.S. Patent and Trademark Office (USPTO). You, as the trademark owner, are responsible for monitoring, protecting, and prosecuting any infringement or unauthorized use of your trademark6 .

There are numerous reasons why you need to ensure the proper use of your trademark, such as:

• Protecting your brand reputation: Unauthorized use of your trademark can harm your brand reputation by associating it with inferior or counterfeit products/services. Monitoring allows you to identify and address these infringements promptly, protecting the integrity and goodwill of your brand.
• Preventing customer confusion: Trademark violations can confuse consumers who may mistake infringing products or services for yours. By monitoring and taking action against unauthorized use, you reduce the likelihood of customer confusion and ensure that your brand is associated only with your authorized offerings.
• Preserving market share and revenue: If infringing products or services gain traction in the market, they may divert customers away from your legitimate business. Monitoring helps you identify and address such infringements swiftly, protecting your market share and revenue stream.
• Enforcing your trademark rights: Monitoring allows you to proactively enforce your trademark rights. By taking action against infringers, you send a message that you are committed to protecting your intellectual property, potentially deterring future infringements.
• Compliance with legal obligations: As a trademark owner, you have a responsibility to enforce your trademark rights. Failure to monitor and enforce your trademark could weaken your legal position in case of disputes or legal proceedings, making it harder to defend your rights.
• Early detection of infringements: Regular monitoring helps you identify potential trademark infringements at an early stage. This gives you more time to assess the situation, gather evidence, and take appropriate legal or administrative actions before the infringement escalates or causes significant harm.

After years or even decades of use, your trademark becomes invaluable in identifying the goods and services you sell. Also, it represents the solid and dependable reputation you’ve worked diligently to preserve. If your trademark is used without your permission and with disregard, the years you spent building the reputation and dependability of your business could evaporate in months.

This is especially true today as technology makes copying and infringing upon your trademark’s validity much easier. Close copies with minor changes to your trademark can confuse your clientele, and your competitors will reap the benefits of your years of arduous work establishing your reputation.

If you believe you’ve been the victim of trademark infringement you must immediately consult with a qualified Blue Bell trademark lawyer, as your business reputation may be on the line, and time is not on your side.

Are There Ways To Adequately Monitor My Trademark?

There are numerous ways to monitor your trademark. One such way is to subscribe to trademark watch services offered by various companies and law firms. These services monitor new trademark filings and alert you if any similar or potentially infringing marks are identified. They can help you stay informed about potential infringements and take appropriate actions in a timely manner.

You can also keep an eye on domain name registrations that include your trademark or variations of it. You can use domain monitoring services or conduct regular searches on domain registration databases to identify any unauthorized registrations. If you find a problematic domain, you can take appropriate action, such as filing a complaint or initiating a domain dispute resolution process.

Remember that monitoring is an ongoing process, and it’s crucial to remain vigilant to protect your trademark. Regularly review and update your monitoring efforts to adapt to changing market conditions and emerging threats.

The wisest path to adequately monitoring your trademark is to work with an experienced Blue Bell trademark lawyer who can do the job efficiently and professionally.

Your lawyer will:

• Conduct a comprehensive trademark and intellectual property audit with regularity.
• Thoroughly monitor your trademark(s) with consistency.
• Interpret search results, and advise on the appropriate actions to take when potential infringements are identified. We can help you understand the legal aspects and enforce your trademark rights effectively.

What Is the Usual Process Used For Trademark Monitoring?

You’ve spent years building your business, and you need to establish and implement an effective system for trademark monitoring. A general framework for monitoring your trademark may include the following:

• Identification – The first step in trademark monitoring is to identify all your trademarks, logos, etc., that must be monitored. This includes the trademark itself, any variations or similar marks, associated logos, slogans, and domain names. Define the specific criteria that you will use to identify potential infringements, such as similar names, visual similarities, or related industries.
• Regular Searches – Perform regular searches on trademark databases, both nationally and internationally, to identify new filings that may conflict with your trademark. Utilize online search tools and services provided by trademark offices, as well as third-party databases. Consider working with a trademark attorney to conduct comprehensive searches and analyze the results effectively.

• Evaluation – You and your lawyer will evaluate any potential infringement or dilution by unauthorized persons or businesses. You must determine precisely how your trademarks are being used (and misused).
• Action – When potential infringements are identified, it’s essential to take appropriate action to protect your trademark. If needed, immediate legal action will be taken to stop potential infringement or dilution. This legal action may start with a cease-and-desist letter but could be escalated to a lawsuit if needed.

The reputation of your business, exemplified by your trademark, logos, online presence, etc., is far too valuable to have it misused, and your lawyer will ensure your rights are constantly protected.

What Does “Dilution” Of My Trademark Mean?

Trademarks are protected in numerous ways under federal laws and the statutes of the Commonwealth of Pennsylvania. “Dilution” refers to a legal concept in trademark law that describes the erosion or weakening of the distinctive quality or uniqueness of a famous or well-known trademark. It occurs when another party’s use of a similar or identical mark, even in non-competing goods or services, diminishes the uniqueness or strength of the original trademark’s reputation or distinctiveness.

Dilution is different from traditional trademark infringement, which focuses on the likelihood of confusion between two marks in the marketplace. Instead, dilution laws aim to protect the unique and valuable reputation associated with a famous trademark, regardless of whether there is a likelihood of confusion.

Infringement suits are usually filed when the same or similar mark is used in connection with the same goods or related goods. However, the dilution rules may apply even when the same or a similar mark is used in connection with two vastly assorted products.
In both cases, however, infringement or dilution (if it applies), the reputation, service, and your overall business will be negatively affected.

I Need To Protect My Trademark; What Should I Do?

As a business owner, who’s worked hard to build your business, clientele, and reputation, it’s your responsibility as a trademark owner to monitor, enforce, and police your registered trademark(s) and intellectual property.

You must know how to monitor your trademark or act immediately if you’ve found an infringing trademark. Consult with an experienced Blue Bell trademark law firm and get the professional advice you need to enforce your rights and protect your business.

The Pile Law Firm, PLLC, has a proven record of protecting numerous Blue Bell business owners’ trademark and intellectual property rights. Call us today at (610) 718-6368 and obtain the thorough, diligent, and professional legal help you need to protect your business’s image, trademarks, and hard-earned reputation.

Can a Licensed Real Estate Agent in Pennsylvania Manage All My Real Estate Issues?

While a licensed real estate agent can certainly assist with many aspects of a real estate transaction in Pennsylvania, it’s important to recognize that these transactions can be highly complex and involve a myriad of legal documents and issues. This is where a real estate law attorney can provide invaluable guidance and protection.

What Are Some Differences Between a Licensed Real Estate Agent and a Real Estate Law Attorney?

Unlike a licensed real estate agent, a real estate law attorney is able to offer legal advice and review and explain complex legal documents in a way that ensures you fully understand your rights and obligations. This is particularly important when it comes to the contract for the sale or purchase of the property, as well as other documents such as the title search and inspection report. A real estate law attorney can thoroughly explain these documents (and their ambiguous language), so you can sign them with peace of mind.

Your Blue Bell, real estate law attorney, can also offer legal advice where a licensed real estate agent cannot. For example, in Pennsylvania, there’s more than one way to hold title to many types of real estate. Your attorney will guide you as to which one would benefit you more; for example sole ownership or joint tenancy, the tax and inheritance advantages of both, and more.

A real estate law attorney can provide invaluable guidance and protection throughout the entire transaction, particularly when it comes to navigating the legal documents involved in real estate deals. You can enlist the help of a lawyer to review all the closing paperwork before you sign. This can be very cost-effective because if you run into issues after signing, the cost and stress of these problems can far outweigh the cost of an attorney to review your documents.  

It’s not surprising that many real estate transactions begin with the help of an agent and end with a lawyer being called in when legal issues arise (which happens). Your agent could lose their real estate license if they provide legal advice by answering legal questions. Knowing these legal limitations, a professional real estate law attorney is in an excellent position to protect your interests throughout the entire real estate transaction.

When Should I Use a Real Estate Law Attorney in Pennsylvania?

Your licensed real estate agent can help list your home for sale or find the right property (residential, rental, or commercial) for you to purchase.  In many real estate deals, a real estate law attorney’s guidance and legal knowledge are invaluable. For example, when a home inspection and title search are completed, your attorney can help you professionally negotiate changes to the Agreement of Sale.

Also, many buyers today are investors and may not be familiar with federal and state real estate laws. If the opposing party has a real estate attorney, you should also have legal representation for your protection.

Even a residential property purchase can be daunting and overwhelming to the standard home buyer. Accordingly, if your real estate transaction is more complex, involving multiple units, apartment buildings, development, and more, having a qualified real estate law attorney by your side is necessary in order to protect your investment and rights.

What Are Other Benefits a Real Estate Law Attorney Can Provide?

In most all real estate transactions, the importance of having a real estate law attorney involved is enormously increased if any of the following may be true:

• A buyer will develop or subdivide the property – Developing real estate is a highly complex matter in Pennsylvania. Your professional real estate law attorney will make you aware of potential issues with development or build sites upfront so you don’t pay the price after closing the deal.
• A buyer intends to use the property for business or change its present use – Investors, especially, may purchase your property with the intent to lease structures on it or use it for business purposes. However, not all existing property uses are permitted, and changing the use of a property may create violations of local zoning. You will avoid immeasurable “headaches” by consulting with a real estate law attorney and successfully side stepping these costly and “deal-breaking” issues.
• A buyer is using “alternative financing” – If you’re a seller who may be “leaving money in” or gets involved in an installment sale agreement, ‘build to suit,’ or another financial arrangement, it’s vital that your real estate law attorney prepare the documents to clarify, insure and benefit your transaction.

As a real estate buyer or seller, you realize that there are no “simple” real estate transactions. The above examples are only a few, but there are many more. Using a Blue Bell real estate law attorney can ensure your real estate interests are protected.

I Have Legal Questions Regarding My Real Estate Transaction; How Should I Proceed?

Ultimately, while it may be possible to complete a real estate transaction without the assistance of a real estate law attorney, the potential costs and risks of doing so are simply too high. By enlisting the help of a qualified real estate law attorney, you can ensure that your rights and interests are fully protected throughout the entire process, giving you peace of mind and a greater likelihood of a successful transaction.

Therefore, even if you anticipate (or are experiencing) any legal problems with your home or any real estate purchase or sale, only a qualified real estate law attorney can provide the professional answers you require.

A mistake in real estate can cost you hundreds of thousands of dollars, and your real estate law attorney will provide you with as much or as little legal assistance as you need. So, consult your attorney today to ensure your real estate interests are fully protected.

What is Adverse Possession?

Broadly defined, adverse possession can allow a trespasser to have legal title to your property if they can prove that they held continuous, exclusive, visible, notorious, distinct, and hostile possession of the property for a specific number of years.

Adverse possession would seem to be an unlawful act; however, there are specific motivations behind it. For example, it would help to ensure that land doesn’t remain dormant. Also, it incentivizes property owners to use their ownership rights in a timely way. If the owner doesn’t use the property, adverse possession can allocate it to those who will put it to use. Vacant land, buildings, and even rooms within a building can also be obtained using adverse possession.

Superficially, adverse possession may seem to be a risk for any organization or individual who owns property; however, there are ways to avoid it, such as:

• Ensuring that you understand the location of your property’s boundaries – Deeds, etc., typically have descriptions. Still, having a professional surveyor stake out your boundaries and visibly mark them on your property is always a wise idea.
• If the property in question is a trail or conservation easement, thoroughly investigating and understanding precisely what is inconsistent with the easement’s purposes or infringes upon it.
• Most importantly, monitoring the property and fully asserting your rights to avoid encroachment. By “keeping an eye” on your property, you will prevent potential or actual encroachment and have enough time to avoid an adverse possession dispute.

You also must note that in most cases, property owned by the federal (or state) government is not subject to the rules of adverse possession. However, most owners are subject to Pennsylvania’s adverse possession statutes, and they can enforce them.

Admittedly, this can be an enormously complex area of Pennsylvania real estate law. If you believe it is happening to you, the help of a professional and knowledgeable Blue Bell real estate law attorney is mandatory.

How Can Someone Take Possession Using the Adverse Possession Statutes?

Currently, in most cases in Pennsylvania, the tenant or trespasser must be in “actual, continuous, exclusive, visible, notorious, distinct and hostile possession” of the property for at least ten years to claim adverse possession of a property.

There are other contingencies, and actual “possession” may vary according to the specific circumstances.

However, the trespasser (or tenant) must treat the land as if it were their own in a manner that is “consistent with the nature of the property.” For example, if they make improvements, maintain a fenced-in lawn or designated area, and do proper upkeep so that any reasonable person would surmise that the land is their own.

There are other elements that need to be met in order to make a successful adverse possession claim. In any adverse possession claim, you must obtain a thorough case evaluation from a professional real estate law attorney.

Adverse possession is still a highly controversial doctrine in Pennsylvania. It is not usually easy to justify rewarding a claimant with title to someone else’s land, but if all the conditions for adverse possession are met, it can be done.

What Are the Three Main Things Adverse Possession Was Designed to Do?

Again, on a superficial level, adverse possession seems to be highly unfair to the owners of the real estate, but it has three main points that it was designed to accomplish, they are;

• It can be used to bar lawsuits on land the owner has yet to productively use. This, in effect, protects the tenant or occupant of the land from frivolous claims and helps to promote its productive use.
• Secondly, adverse possession was formulated to help correct defects in the title. For example, a homeowner could get the deed to the property that his house was built on through adverse possession after discovering an error in surveying. The land owner built his home on land neighbors owned to the east of his location. Adverse possession was used to correct the situation, and the title defect was corrected.
• Thirdly, adverse possession was designed to promote overall land development. The government and businesses always want to encourage economic development in our capitalist system. Adverse possession is a legal means by which title is transferred from an idle owner (who is not utilizing the property) to a dynamic tenant or “squatter.”

So, it’s a useful legal approach that can solve seemingly complex real estate issues and is not always utilized in a seemingly negative manner. It must be stressed, though, that the uses of adverse possession are varied and complex, and the professional, detailed, and educated advice of a Blue Bell real estate law attorney is invaluable to a successful outcome.

How Can a Claim of Adverse Possession Be Made in Pennsylvania?

To raise an adverse possession claim you (or your organization) must reside or “squat” on a parcel of land for a specific period. In Pennsylvania, depending on the details of your case, it can typically be 10 years.

The following requirements must be met:

• You reside on the land for a statutory period.
• You use the land as any owner would typically use it.
• Your use is open and notorious, and you are not concealing your use of the land so that the actual owner can see that you are using the property.
• Your use is continuous.
• You do not have permission, in any way, from the owner to use the land.
• Also, the property cannot be abandoned once they begin to possess it adversely.

Each of these elements must be satisfied throughout the required timeframe.

If you have a claim you wish to file or one that has been filed against you, you must have a complete case evaluation done by a real estate law attorney well-versed in Pennsylvania’s adverse possession laws.

I Need To Know More About Adverse Possession: How Should I Proceed?

If you own a small home or a large plot of land, you must be aware of adverse possession as a Pennsylvania property owner. Adverse possession can sometimes be helpful to you, or you could have neighbors whose land borders yours cross the property line and use portions of your land.

However, the laws surrounding adverse possession are always challenging to navigate. If you want to be successful at defending your property or claiming your land, you must have the help of a Blue Bell real estate law attorney. This is a complex matter, and all the legal boxes must be checked. Consulting with your lawyer immediately is the best way to achieve your desired outcome.

You might have a new job out of college or have been working for the same company for years, and now you’re offered a significant position with a large corporation. However, you are now presented with an employment contract that includes various possibly limiting clauses, such as a non-disclosure agreement. You must sign these documents as a condition of your employment and may feel that you have no choice in the matter, but that may not be the case.

Non-disclosure agreements usually offer you employment with specific conditions that require you to agree not to disclose trade secrets or other confidential or proprietary information learned  during employment. These clauses protect your current employer and their business interests but may significantly limit future opportunities and job choices.

Also, many non-disclosure agreements go even further, prohibiting you from saying anything that casts a negative light on your employer and restricting your ability to use the knowledge you acquired during your employment for a new employer (even if you discovered or developed this knowledge).

So, any non-disclosure agreement must balance your right to change jobs and an employer’s right to protect their business.

You should consider carefully before signing a document that may affect your freedom to change jobs, continue working in the same field, or to start your own business.

Non-disclosure agreements are legal in Pennsylvania but cannot be tilted too far towards protecting your employer, thus possibly violating your rights in the process.

So, if you signed (or are asked to sign) a non-disclosure agreement (or NDA), then violating this agreement may have serious consequences!

NDAs are commonly considered legally binding contracts once signed. However, whether to sign it is a more complex question than it may seem.  

Before signing any business contract, which may include an NDA or other limiting clauses, obtain the advice and guidance of a professional and knowledgeable Blue Bell business lawyer and ensure that you are not entering into a contract that may severely limit you and your family’s future.

Why Does Your Employer Want You To Sign a Non-Disclosure Agreement

It’s clear, from a legal point of view, that non-disclosure agreements can be effective in protecting the trade secrets and other confidential information of your employer; however, what benefits does it supply your employer with?

• First, it may establish employee expectations – If an NDA clearly outlines the specific business information that is protected and the penalties that you may incur if you violate the NDA, then you know from day one the importance of protecting your employers’ trade secrets.
• It helps protect trade secrets when information must be shared – The goal of an NDA is to prevent you from sharing confidential information in the first place. NDA’s can help protect trade secrets if the information is transmitted during daily business. You may need to disclose some trade secrets to vendors or third parties. However, if the third party signs an NDA, your employer’s trade secrets will still be protected.
• An NDA provides the employer legal recourse – If you disclose a company trade secret, your employer may usually file a misappropriation claim under Pennsylvania law. So, if you signed an NDA, your employer could pursue legal remedies under the agreement; often, pursuing a breach of NDA is more straightforward for your employer than a trade secret misappropriation claim.

You begin to see that any NDA you sign is usually designed to protect your employer, not you, or your rights to future employment. By consulting and getting the advice of an experienced local Blue Bell business lawyer, you can effectively design possible changes to the NDA and protect your rights as well.

If I Must Sign a Non-Disclosure Agreement, Is It Enforceable in Pennsylvania?

It depends. Specific provisions could be challenged in the Pennsylvania courts depending on how the non-disclosure agreement is written.

Commonly though, in Pennsylvania, non-disclosure and related documents such as non-compete and non-solicitation agreements are enforceable if they adhere to the following:

>> If they are included in an employment contract or employment relationship.

>> If they are supported by adequate consideration.

>> If they outline reasonably necessary restrictions to protect the employer’s legitimate business interests.

>>If the nature of these “restrictions” that are imposed are properly limited in duration and geographic location.

You must note that you also have rights. So, if you are about to sign or have signed an NDA, the advice and guidance of a local experienced business law team will be invaluable in protecting your rights under Pennsylvania laws.

Under What Situations May My NDA Be Unenforceable in Pennsylvania?

Always note that your situation is unique for the NDA you sign. There are instances in which the courts may determine that your NDA is unenforceable.

Some examples of why this might happen are:

• The NDA verbiage needs to be narrower – If your NDA is overly broad or restrictive, then a court may find issues with it, mainly if it’s not limited sufficiently in scope or duration.
• The information referred to is not confidential – It’s undoubtedly going to be much harder for your employer to convince a court to uphold your NDA  if the information referred to has already been widely disclosed or is public knowledge.
• The NDA (or agreement referred to) is requesting you do something illegal – Such as your employer instructing you to withhold facts that the employee has a legal duty to report.

These are only a few examples, but you must note that your employer has lawyers protecting their rights, and you need to have an aggressive, experienced business lawyer defending yours!

NDAs and other limiting contractual documents must be reviewed from your perspective, so they don’t hinder your future earning potential or your rights.

I Must Sign a Non-Disclosure Agreement; How Should I Proceed?

You need to note that your new or current employer has lawyers fighting for their interests. So, you must also have an aggressive, professional, and winning legal counsel protecting your rights and interests. Therefore, it’s never wise to attempt to dissect or fight any NDA on your own.

Your local Blue Bell business lawyer has thorough and detailed knowledge of how these business matters are legally managed in your geographical area.

Your aggressive business law team, fighting on your behalf, will use this local knowledge to your advantage when presenting and fighting your case. Consult with your lawyer before you sign, or if you have an issue after you do, and protect your and your family’s livelihood, as your future and income may depend on it.