December, 2011

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Nuts & Bolts of Intellectual Property for New Startups

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So you’ve chosen a name for your startup, product, or both. Having covered all the bases to ensure that your corporate name is available, the domain name can be acquired, and the name doesn’t infringe any existing trademarks (as we discussed last week ), now is a good time to look at the categories of intellectual property (IP) that are relevant to most startups.

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The Funding Gap

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The resources required to start a company vary significantly , depending on the type of company and growth rate anticipated by the entrepreneur. An experienced software engineer, for example, can develop a new mobile app with his or her own resources and market the product on the web with very little capital. A medical device company, on the other hand, may need cash resources to pay for FDA testing, designing the prototype, manufacturing the product, establishing an inventory of the devices and

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A Startup’s First Steps: What’s In A Name?

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Having taken stock of the main legal documents and actions involved in forming and operating a new startup, let’s crack open the “case” (disregarding the warnings about voiding your warranty) and examine a few of the steps, documents and key decisions to be made in getting a new startup ready for business. Most startup lawyers have checklists (at least in their heads) and will interview a new client to gather a wide range of relevant information before moving forward with business entity formati

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Do It Right The First Time: Avoiding “Janitorial” Legal Work

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What is a startup really? When meeting with early stage entrepreneurs for the first time, after reviewing a demo or hearing their pitch, I often ask them to articulate what they’re most focused on building. In most cases, the answers are (1) an outstanding product or technology; (2) a successful growth business built around that product; and (3) a top-notch team to build and execute the business.

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There Is Only ONE Silicon Valley

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Silicon Valley is a very special place – the nucleus of high-growth, high technology entrepreneurship in the US, indeed, in the world. The Valley produces world-class entrepreneurs, angel investors, venture capitalists and successful high-tech companies – all growing and creating jobs on one relatively small peninsula. The Valley has been a unique place for over half a century.

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Investors Fund Solutions Rather Than Technology

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Too many entrepreneurs develop a new product without regard for market demand , then build an entire strategy based on creating a need, rather than acting on an existing market need. Investors characterize this approach as a “solution looking for a problem.” These don’t get funded. The best startups find a way to drive the market with their technology, rather than push their new technology-driven ‘solution’ on the marketplace.

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Trends in Seed Stage Funding for Entrepreneurs

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I’ve recently taken a look at seed stage funding by venture capitalists (VCs) and angel investors over the past five years. For VCs, I chose to look at all seed stage VC deals (from MoneyTree©) as well as those in five of the most active regions in the country. Note that I merged the two Southern California regions (LA/Orange County and San Diego) into one.