Building a brand name for your business takes hard work. Protecting that brand takes work too. And actions by parties within and without may tarnish your brand name.
A non-disparagement clause protects the brand by actions of those from within: exiting business partners are held to not make comments that would impact the brand. A former business partner will often seek to distinguish himself from the business often at the brand’s expense. Disparaging comments that damage the business may have remedy with a non-disparagement clause.
A morals clause protects the brand from the actions of third parties with which the business is in contract. The business will often enter into contracts such as leasing retail space. Actions by the landlord that would impact the business by association create an escape from the contract allowing the brand to distance itself from the harmful actions.
Both types of clause are helpful to protect your investment, the business’s brand name.
If you are a member of Spiegel & Utrera, P.A.’s General Counsel Club and have business related questions, call (800) 734-9900 or clubassist@amerilawyer.com for assistance. Remember, as a member of the General Counsel Club, you receive unlimited legal, business, credit and tax advice all year long.
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