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By: Jessica Houghton Neyborly: Pioneering Store Front Marketspace Neyborly, a startup with San Francisco origins has a unique mission: creating accessible and affordable space for everyone. As time goes on, space is projected by the Neyborly team to become something of a utility with a growing value. Additionally, event venues are generally expensive and out of the way. Neyborly aims to make space a communal resource, a term coined “storefront market space.” The idea of storefront market space began by looking at the current state of empty storefronts within the cityscape. As the marketplace goes digital and the use of space shifts to homes or remote workspaces, Neyborly transforms the empty storefronts into affordable short-term rental space for events and gatherings of all kinds.
Neyborly started with a furniture store out of Berkeley, California. When the storefront was requested to be rented out for an event, the idea of a storefront as an event venue snowballed. The market was lacking an affordable event space in an urban setting that can adapt to a wide range of formal and informal events. Neyborly spaces have hosted a wide range of events from game day showings, weddings, photoshoots, pop ups, and corporate business meetings. The spaces can be rented out for a couple of hours for a baby shower or on a more long-term basis like a Rent-the-Runway pop-up. Thinking of Neyborly as a utility, the storefront space is rented by the hour with up front pricing. Compared to hotels or convention centers, the space is up to 80% cheaper. Plus, the space is intimate and unique with handcrafted furniture and local art. With a mission to be both a utility and a part of the community, Neyborly anticipates expansion beyond the West Coast. Currently, there are three locations in California and one in Portland, Oregon. The most recent storefront in Portland is quickly becoming a highly utilized resource by a range of unique groups. Next, the company says it has its sights set on Boston and the East Coast. Neyborly has created their own niche in the market. Sitting down with the Neyborly Portland location team, they described the goal of creating accessible space as an experience making attaining space for any occasion or event “as easy as calling an Uber.” So far, Neyborly has had 260% year-over-year revenue growth in 2018. Their monthly unique visitors has grown by over 310% since last year. Visit https://www.neyborly.com/ for more.
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By: Jessica Houghton  avamae, a startup athletic apparel brand out of Portland, designs and produces specialty wrap tops for large chested women with small frames. The founder, Shelly Carlton, saw a gap in the market for comfortable clothing for women of this body type. Recently, we sat down with Shelly Carlton, the founder, about the company, future expansion plans, and her experience as an entrepreneur:
What led you to start avamae? I have a large bust on a size small frame, and nothing fits just right. In particular, I need something comfortable and supportive to slip into at the end of the day when I just have to take off my bra. Additionally, I generally have to buy tops and dresses a size up for my cup size, and consequently, I have struggled to find tops that look decent on my frame. One day my daughter Ava pointed out that the shelf-bra tank I was wearing was digging into my skin. She said it looked like it hurt, and I began to wonder why I was settling. I started searching for something that would look and also feel good. After looking for several months and researching various websites and even my favorite bra shop- I was still empty-handed. Since I couldn’t find something that worked for me, I decided to make it myself. I developed a comfort-wrap top that supports me perfectly and named the brand avamae, after the nickname my father-in-law used for Ava. You patented your product; what did the design and production process look like? I was able to work with a friend of a friend who works in costume design down in LA to help finalize the original design. The idea started with something built off a top that I already owned, which helped me create a unique pattern. The next step was using a local pattern maker to get a tech pack. Instead of conventional sizing, my tops are based off of band size, which is a better solution for my target body type. It provides a more accurate fit as well as a higher level of comfort. The unique shape, sizing and closure design of the top allowed me to get a patent. Was there a learning curve in the design process or around starting your own business? Of course, but the real challenge is beginning right now, mainly with marketing. I have years of marketing experience, but targeting women based on their bra size is difficult. My product accommodates a very specific target audience: women with a large bust and a small frame. Although I see them on the street every day, it’s been a struggle to find them online and get them to my store. avamae is having a pop up at the Loyd Center this weekend; What are the details? The pop up will run for two days: April 6-7. On April 6, the hours are from 10AM to 8PM and on April 7 the hours are from 11AM to 6PM. I will be selling my pieces there, but if you cannot make it to the pop up, the pieces are available online as well at: avamaepdx.com/shop-online. Readers can get 10% off with the code: Staterra Law. Where do you hope to see avamae go in the coming years? I see avamae becoming a comfort and athletic brand that caters to women of this shape, which is a real gap in the market. Girls who develop larger breasts often drop out of athletic activity because of their body type, and while my top isn’t made for high-impact now, I may have one in future. We need a brand that caters to that demographic. I also see dresses and bathing suits in the near future. Looking back at starting your company, how does it feel now? It has been a liberating process to create something that is my own. The sense of ownership and the feeling that you have more control over your future is priceless. Although I can’t quit my day job just yet, I daydream about doing this full time some day. By: Tim Fitchett  A common misconception about Estate Planning, specifically trusts, are that they are a service only for the ultra-wealthy. However, living trusts can be incredibly useful for everyone, and can serve an important function no matter what financial position you are in. Proper estate planning pays dividends both in actual money, but also in time and stress for your loved ones.
Probate is expensive. There is no way around it. Court costs alone are generally between $500 and $900. Those fees don't even include the attorney's fees required to draft the necessary documents and submit them to the court. After that, the court has to oversee every transaction, sale, and disposition of funds from the estate. Each time the court is involved requires more attorney's fees for more documents to be drafted and submitted to the court. Considering that probate cases can drag on for years, especially if disputes arise, your inheritance can easily go more to an attorney than to your loved ones. For these reasons, everyone should consider a living trust. A living trust generally avoids probate entirely. By transferring the assets to a living trust ahead of time, the court does not need to get involved to transfer the ownership of your property and oversee its disposition. Instead, you get to choose someone that you trust to deal with your assets exactly as you see fit, while simultaneously saving the money that you would like to see transferred to your loved ones, charities, etc. In addition to probate avoidance, trusts also have the benefit of extend control. Extended control allows you to determine how your assets are dispersed over a long period of time. When all you have is a will, or without any estate planning whatsoever, the court determines what assets you have, where those assets go, and then closes the estate. This opens up possibilities of your assets to go where you did not intend them to. With a trust, however, future plans can be created to benefit those closest to you. For example; you can make sure that your 1-year old will have money for college or that your teenager will get a gift when they turn 35. You can also add conditions on the disbursements, such as only giving a $10,000 gift if your granddaughter graduates from medical school. This extended control can give you a lasting impact on your family and show them how much you care, long after you've passed away. The financial benefits of living trusts cannot be understated. If you have $5,000 or more that you expect to give to your heirs, it is in your heirs' financial best interests for you to take a portion of that inheritance and spend it on estate planning. Although this may seem counterintuitive, consider first the harsh realities of probate and handing over your hard earned money to the courts and attorneys. Putting a proper plan in place will ensure that as much money as possible actually makes it to your heirs, instead of paying the courts and attorneys to fight over your estate. Pay a lawyer a little now and ensure that your estate is disbursed exactly how you see fit, or your loved ones will have to pay a lawyer a lot later. Make the proactive choice now and have definite peace of mind for yourself and your loved ones. By Jessica Houghton
TrademarksA word, name, signature sound, color, symbol and even a smell that distinguishes the source of one good or service from another are all trademarkable. This is because a consumer will directly associate the brand that sells the good or provides the service with the trademarkable element. Some famous examples of trademarks include the Nike swoosh, the NBC chime, or the word Apple for Mac computers. The main goal of trademark law is to protect the consumer. When consumers buy a product with your brand on it, they know the source of that product because of your trademark. As your business develops, your customers will increasingly associate things like your logo, colors, and slogans with your brand. Brand loyalty requires enormous effort. Trademark law allows you to protect these efforts. If you choose not to register your trademark and another company uses your signature word, logo, etc., you would have to take legal action and convince a court that you were the actual owner of the trademark, which can be difficult. Registering a trademark creates a strong presumption that you are, in fact, the rightful owner, and consequently will save you a lot of time and legal fees. To register your trademark, the trademark must be “distinctive,” meaning it has to have some unique character that does not merely describe your underlying goods or services. If your trademark is determined to be valid, it will be filed for public examination in case someone else believes that your trademark would conflict with their existing trademark. At this point, if there is no opposition, then the trademark will be approved. Your trademark may be renewed every 5 years as long as you are actively using it. Copyrights Original writings, books, movies, music, architectural designs, patterns, and graphics are all copyrightable material. The goal of copyright law is to give exclusive use of the material to whomever created it. As soon as you create a copyrightable work and put it out to the world, you have copyrights in that work. However, registering a copyright can be very useful if your IP is stolen or used by someone else. In those cases, like with trademark law, the only way to legally enforce your rights is to take the infringer to court. In court, having a copyright registration creates the presumption that you are the legal owner of that work. This presumption puts the burden on the thief to prove they are the rightful owners or are not infringing. Additionally, registering your copyright will ensure that only you have the right to your original work. Finally, registration allows you to recover statutory damages if you have to sue an infringer! To register a copyright, you must submit your application to the U.S. Copyright Office (a branch of the Library of Congress). The application must contain your case for the originality of the copyright and a copy of whatever you are submitting to be copyrighted. If it is determined that your copyright indeed is original, then then your work is granted copyright registration protection. Patents A patent is given by the government so that an inventor can have the exclusive rights to production of their invention for a limited time. Things that are patentable are original inventions or innovative processes. Something that is patentable must be useful, original or novel, and must be proven to work in order for another person to be able to recreate it when the patent expires. Patenting is valuable because it ensures the invention can not be replicated by anyone else, allowing the owner the opportunity to exclusively control the invention, hopefully rewarding them financially. To register a patent, you must first file a claim with the U.S. Patent and Trademark Office (USPTO). The claim must outline how the invention meets the patent requirements. Additionally, you must provide documentation about how you created the invention that is detailed enough that someone else could create it once the patent expires. Out of all IP, registering a patent can be the most complex process and it is almost always best to seek specialized legal counsel. Trade Secrets |
By Jason PolenJason is a Business Lawyer at Staterra Law. Business owners may want to incorporate their business to protect themselves from personal liability. Below are the steps necessary to form a corporation in Oregon. This information does not apply to forming a Limited Liability Company (LLC). |  |
First, Pick a Name for the Business
The company’s name has to contain the word “incorporated,” “corporation,” “company,” “limited,” or an abbreviation like “Inc.”, “Corp.”, or “Co.”.
Second, File “Articles of Incorporation” with the State
The business is legally incorporated when it files a document called “Articles of Incorporation” with the Oregon Secretary of State. This can be done online or via mail. They must contain the corporate name and address; the name and address of the company agent; the number of shares the corporation is authorized to issue; and the name and address of each incorporator. The filing fee is $100.
Third, Appoint a Registered Agent
An agent is a person or company that agrees to accept legal papers on behalf of your business. The registered agent must have a physical address in Oregon. An owner of the company can be the registered agent, or you can pay a company around $65 - $100 per year to be your registered agent.
Fourth, File for Tax ID Numbers
Your federal “Employer Identification Number” (EIN) is like your company’s social security number. You Oregon Business Identification Number (BIN) is the number your company will use to pay Oregon taxes. There is no filing fee to get these tax ID numbers.
Fifth, File for a Business License
If you are doing business in Oregon, your corporation will need to obtain state and local business licenses.
Sixth, Prepare the Initial Corporate Formalities
At minimum, we recommend you have:
Optional: S Corporation Filing
If the business wants to elect to be an S corp for tax purposes, you must submit IRS Form 2553 Election by a Small Business Corporation within 75 days.
If you would like assistance incorporating your Oregon business, feel free to reach out to us. Also check out our Business Startup Packages if you would like us to handle the incorporation of your business.
The company’s name has to contain the word “incorporated,” “corporation,” “company,” “limited,” or an abbreviation like “Inc.”, “Corp.”, or “Co.”.
Second, File “Articles of Incorporation” with the State
The business is legally incorporated when it files a document called “Articles of Incorporation” with the Oregon Secretary of State. This can be done online or via mail. They must contain the corporate name and address; the name and address of the company agent; the number of shares the corporation is authorized to issue; and the name and address of each incorporator. The filing fee is $100.
Third, Appoint a Registered Agent
An agent is a person or company that agrees to accept legal papers on behalf of your business. The registered agent must have a physical address in Oregon. An owner of the company can be the registered agent, or you can pay a company around $65 - $100 per year to be your registered agent.
Fourth, File for Tax ID Numbers
Your federal “Employer Identification Number” (EIN) is like your company’s social security number. You Oregon Business Identification Number (BIN) is the number your company will use to pay Oregon taxes. There is no filing fee to get these tax ID numbers.
Fifth, File for a Business License
If you are doing business in Oregon, your corporation will need to obtain state and local business licenses.
Sixth, Prepare the Initial Corporate Formalities
At minimum, we recommend you have:
- Bylaws are an internal corporate document that explains the rules for operating your corporation. These are not filed with the state.
- Shareholder Agreement (also known as a Buy-Sell Agreement) explain the relationship between the shareholders and what happens if someone wants to sell their shares or leave the company.
- Subscription Agreement documents the issuance of shares to the owners. If you are bringing on outside investors, you will need to make sure you are complying with federal and state securities laws.
- Stock Certificates are evidence of share ownership.
- Appointment of Corporate Officers. Oregon requires that a corporation have a President and Secretary (these can be the same person).
Optional: S Corporation Filing
If the business wants to elect to be an S corp for tax purposes, you must submit IRS Form 2553 Election by a Small Business Corporation within 75 days.
If you would like assistance incorporating your Oregon business, feel free to reach out to us. Also check out our Business Startup Packages if you would like us to handle the incorporation of your business.
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