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  1. #1
    Join Date
    Mar 2007
    Posts
    26

    Default Will a LLC Protect Me From Patent Violation Lawsuits

    If i have an LLC and a web store that sells goods and there is someone who challenges me on a patent or copyright product can they person who challenges me also try to get damages from more than my business LLC? Meaning if the business is failing or has no profits can they come after me personally?
    Thanks

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Will a LLC Protect Me From Patent Violation Lawsuits

    You do not say what state you are in, violating posting guidelines.

    If you are in Florida, the answer is YES. The Supreme Court recently ruled that there is little liability protection in an LLC with only one member. Personally, I hate LLC's and would never be involved in one. I only have corporations. You can always take the s-chapter exemption with the IRS which results in the same tax treatment as an LLC.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Will a LLC Protect Me From Patent Violation Lawsuits

    An LLC or other form of corporation does not, of itself, protect you from liability for your own acts. By way of example, if your corporation owns a car and you negligently crash it, the victims of the crash can sue both you and your corporation.

    Also, it's possible to ask a court to set aside the corporate shield when a business entity is a mere alter ego of the person who incorporated the entity, and was used to commit tortious conduct.

    Setting up a LLC will not allow you to commit copyright violations, trademark and patent infringement with impunity.

    Beyond that, laws vary by state.

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