Know Your Rights: Your IP and Business Law Playbook

Think you’re safe because you locked down protection through copyrights, trademarks, or patents? Maybe you've got a trade secret you need to protect, too. A trade secret is any confidential information that gives you a business advantage , like a proprietary makeup formula for your horror-themed clothing and accessories line, a confidential list of vendors, or a unique process for a film effect. S...

Patents! They sound boring, but for the mad scientists out there, they're pure gold. Patents protect new, useful, and non-obvious inventions. It’s not for your song or screenplay. It’s for the gear. For example, maybe you invented a new way to create fog for a haunted house or a unique lighting setup for a concert. If it's new and not obvious, it might be patentable. Patents are the ultimate badas...

What’s spooky? Not knowing the difference between copyright and trademark. So, you've got a band. You wrote a song, and you've got a cool band name. Or maybe you run a boutique with a cool name, and you make art you sell in it. Which one is protected by copyright and which one is protected by trademarks? It’s an easy mistake to make! Your song, lyrics, and album art are protected by copyright. Sam...

The answer is: the moment you create it. Your original song, screenplay, or painting is protected by the spirit of copyright the moment you "fix it in a tangible medium," like writing it down, recording it, or painting it. That automatic protection is great, but to really scare off thieves and sue for infringement, you need to register it with the U.S. Copyright Office. It’s an easy process that g...

Don't let your creative work become a ghost story. It’s time to learn how to tame the four horsemen of your brand’s apocalypse: the four main types of intellectual property. Think of these as your personal tools of terror. They’re your spells, your chainsaws, and your flamethrowers against anyone who dares to rip you off. So, let's pull back the curtain and get to know our monsters: Copyright, Tra...

Here are 4 Ways to Avoid Trademark Infringement Trouble Do a Trademark Search Before You Name Your Business. A quick Google search isn’t enough. Check the U.S. Patent and Trademark Office (USPTO) database to see if a similar name is already registered. Do a Trademark Search Even If You’ve Already Named Your Business. It’s NOT too late. It’s better to find out sooner than later that you’re risking...

Trademark owners aren’t just being aggressive when they search for infringement, send cease-and-desist letters, or file lawsuits. They have to (and so do YOU). If trademark owners don’t actively enforce their trademark rights, they risk losing them . This means: Large companies constantly monitor new business filings, websites, and trademarks for possible infringement. For example, Disney has empl...

Under U.S. trademark law, infringement occurs when a business name, logo, or other brand identifier is so similar to an existing trademark that it could confuse consumers . Whether you meant to copy another brand or not is largely irrelevant . If the trademark owner believes customers might mix up your business with theirs, they have the right (and responsibility) to take legal action. Intentional...

Many small business owners assume that if they didn’t intend to copy someone else’s trademark, they can’t be sued for infringement. Unfortunately, intent doesn’t matter. If your business name, logo, or slogan is too similar to someone else’s registered trademark, even by accident, you could still find yourself in legal trouble. In this episode, I cover: Is Intent Required for Trademark Infringemen...

To avoid these pitfalls, aim for names that are suggestive, arbitrary, or fanciful : Suggestive: Hints at what you do without being too obvious (e.g., “Netflix” suggests movies but isn’t just “Online Movie Rentals”) Arbitrary: A common word used in an unrelated context (e.g., “Apple” for computers) Fanciful: A completely made-up word (e.g., “Xerox,” “Kodak,” or “Nanker Phelge”) A great business na...

Sometimes, a mark that suffers from the ailment of being generic, descriptive, or primarily a surname (or some other problems) can be registered on the USPTO’s Supplemental Register, which is like the opening band before the main act (or the junior varsity team if you prefer a sports metaphor). It doesn’t give you the full rights being on the Main Register does, but it’s better than having no kind...

Many businesses are named after their founders, but if your business name is primarily a surname, you could run into trademark challenges . The USPTO generally considers surnames to be not inherently distinctive, meaning they don’t qualify for trademark protection unless you can prove that the mark is more than just a surname . For example, “Jagger’s Bakery” or “Richards Consulting” may not be eli...

The U.S. Patent and Trademark Office (USPTO) won’t grant trademark protection to business names that are purely generic (e.g., “The Coffee Shop” for a café) or merely descriptive without acquired distinctiveness (e.g., “Cold & Refreshing” for a bottled water brand). Here’s why: Generic Names Can’t Be Owned. A generic term is simply the common name for a product or service. No one business can clai...

When starting a business, choosing the perfect name is one of the most exciting and crucial decisions you’ll make. You want a name that tells customers what you do, is easy to remember, and stands out in the marketplace. Here’s the catch: if your name is too generic or merely descriptive, you could be walking straight into a trademark trap that leaves you legally vulnerable and unprotected. You do...

When starting a business, choosing the perfect name is one of the most exciting and crucial decisions you’ll make. You want a name that tells customers what you do, is easy to remember, and stands out in the marketplace. Here’s the catch: if your name is too generic or merely descriptive, you could be walking straight into a trademark trap that leaves you legally vulnerable and unprotected. You do...

Why Should You Work with a Patent Attorney for a Patent Search? Partnering with patent attorneys for patent searches provides peace of mind. (Now, say that 10 times fast!) Patent attorneys not only conduct in-depth searches but also interpret complex and nuanced legal results, offering guidance tailored specifically to your situation. Now, by law, patent agents aren't allowed to give you legal adv...

What Do Patent Search Results Mean?  And once the thorough patent searches are done, what happens next? Results from patent searches are powerful knowledge if they're analyzed properly. Evaluating the search results carefully is crucial. If potential problems emerge, it's essential to address the severity of each issue. Not every potential problem is equally problematic. Minor issues may be able t...

Some patent searching can be done on your own, and should be, and some should be left to the professionals. Here’s the difference. First, I’ll tell you a secret: it’s not a bad idea to start with a DIY search! You might not hear that from many patent attorneys, because, after all, doing searches for clients is part of how we keep the lights on, but sometimes our expertise, and more importantly, cl...

There are five main types of patent search, and here’s what they’re called, what their purpose is, and when they’re used. This covers: Novelty (Patentability) Search Freedom-to-Operate Search Validity/Invalidity Search State-of-the-Art Search Landscape Search Too many inventors shy away from patent searches because they think patent searches are too expensive. The thing is, it’s much less expensiv...

You have a great idea and think you're ready to move forward with sales or applying for a patent. But are you really? Have you checked whether someone else already has rights to an identical or similar invention? Do you truly know all existing technology in that field? Many inventors and business owners skip comprehensive patent searches, assuming their idea must be unique simply because they have...

Patent searches can help you determine if your invention is novel and non-obvious, which are essential requirements for obtaining a patent. They can also help you make sure you’re not infringing on someone else’s rights or know the state of the art before you start developing an invention. In this episode, I’ll go over types of patent searches and why they’re important, how patent searches are don...

Here's a bite-sized portion of my main episode this week, also with apologies to Iggy Pop and the Stooges. This clip focuses on what you SHOULD do to clear your trademarks . Before locking in a business name, brand name, or logo (or if you’re already using one and aren’t 100% confident it’s clear), here’s what you should do to avoid nasty problems: 1. Talk to an experienced trademark attorney abou...

Here's a bite-sized portion of my main episode this week, also with apologies to Iggy Pop and the Stooges. This clip focuses on what could happen if you launch or keep operating without a proper trademark clearance search . #trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

Here's a bite-sized portion of my main episode this week. This clip focuses on the dangers of cheap online trademark search services . Who doesn’t like to save money? I get it. I like a good bargain, too. I see the appeal of online platforms like LegalZoom, Trademark Engine, and similar services that advertise cheap and fast trademark searches and filing. But here’s what they don’t tell you , or w...

Here's a bite-sized portion of my main episode this week, also with apologies to Iggy Pop and the Stooges. This clip focuses on the dangers of DIY trademark searches . Many small business owners try to do a trademark search themselves. And look, I understand it. Bootstrapping is often part of the entrepreneurial journey. But in this case, what you don’t know can hurt you . #trademark #trademarks #...