incorporate

Why Incorporate?

Why should I choose to incorporate my business? 1. Protect your personal assets. By forming a corporation, you separate your personal assets from the company, and are...
Starting Your Startup

Starting Your Startup

As both an attorney and entrepreneur, I have personally experienced the common struggles of the brave, new business owner of the 21st century. Through...

Trademarks after Tam: A Rise in Offensive Filings and the Washington Redskins

Four weeks ago, the Supreme Court ruling in Matal v. Tam answered a decades long question that has captivated the attention of the media, businessman, sports fans, and legal theorists alike: the team name...

Why Startups Should Patent Now, Not Later

The race to file a patent had heated up since March of 2013 when the “First-Inventor-To-File” (FITF) system went into effect. Patents are now granted based...

4 Reasons You Need Intellectual Property

Everyone has a great idea once in a while. Some of us pursue these ideas. But sometimes people also pursue the ideas of others....

Protecting Growth With Design Patents

Design patents protect the unique ornamental designs of the functional aspects of your product. Ornamental designs may include perceivable designs such as a unique chair shape...

Registering Trademarks Overseas

Federal registration is not valid outside the United States. However, if you are a qualified owner of a trademark application pending before the USPTO,...
protect my design

How Do I Protect my Design? (Part 1)

So I have a design I want to protect – say it is the design for a dress, the style of the dress, or...
Google Adwords Infringement

Google AdWords and Trademark Infringement

In the previous blog post by my colleague, Alexander Scalia, we were introduced to Google AdWords, and how they can help you establish branding...
strategy

Creating Your Own IP Strategy

As your business grows and your brand becomes more recognizable, it’s important to protect your intellectual property and come up with a strategy for...
trade secret

Protecting IP Through Trade Secrets

A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information that is not generally known or reasonably...

5 Things To Consider When Registering Your Trademark

So you think you have a great idea for a business name and logo and are ready to file a trademark. Consider the following...

How To Create a Strong Trademark

Fanciful Arbitrary Suggestive Descriptive Generic   HOW TO CREATE A STRONG TRADEMARK? Not all marks are perceived in the same manner. There’s a spectrum on which trademarks are usually judged. These...

Year-End Checklist

In the last dwindling days of December, it's not just Santa who should be making a list and checking it twice. The end of the...

Startup Wisdom: Choosing the Right Business Structure

So you have taken the leap into the world of entrepreneurship. Have you spotted a void in the market and have a clear business...
Trademark a Color

Color Marks: A How-To and Why-To Guide

In keeping with our colorful theme this week, we thought we’d discuss a color that is more conventionally associated with Halloween -- orange! In an...

Agreements Between Founders, Setting Up Your Business for Success

Legal disputes between founders can (and will) often erupt. (Even founders who happen to be best friends can quickly turn into worst enemies.) Simply...

Copyright Zombies

This article was originally published at The Ruby-Slippered Sisterhood blog in 2013, titled "Copyright Graveyard." It is being reprinted today with permission from the...

What Are the Different Types of Intellectual Property?

First lets start off with what exactly is intellectual property? IP is the protection of creations of the mind in the same manner that...

7 Tips On How To Create A Strong Trademark

A brand name will help you stand out from the competition but ask yourself this: "Will my brand name stand through the trademark registration...

Filing Your Trademark Internationally

As your business grows, it’s important to evaluate whether or not your brand extends beyond the country in which you are located. Often times,...
New Years Resolution

New Years Resolution: Trademark Audit

The start of a New Year is a time where many of us are setting goals and plans for the upcoming year, both on...

How To Develop Your IP Strategy

As your business grows and your brand becomes more recognizable, it’s important to come up with a strategy on how to best protect your...

The Trademark Timeline (info graphic)

Didn't I file a trademark about six months ago?  Did that trademark become registered? Why haven't I heard from my lawyer? Well, there's good news....
business

Velvet Veil or Iron Curtain? Picking the Right Limited Liability Entity

  Most startups and small business owners have some inkling of the fact the very next step after forming an idea, is forming a business....

USE IN COMMERCE — WHAT DOES IT MEAN?

You’re ready to file your trademark application with the USPTO, but you’re asked to provide the date that you first used your mark “in...
wrigley gum

Trademark Infringement: Wrigley sues E-cig Firm Over Famous Chewing Gum Products

On July 13, 2017, Chicago-based chewing gum company W.M. Wrigley Jr. Company filed a trademark infringement lawsuit against Chi-Town Vapers LLC, another Chicago based...
Brand Theft

6 Tips: Responding to Brand Theft

As an entrepreneur, you have worked hard to carefully build your reputation. However, imagine that one day you are surprised by that customer that...
intellectual property international

Does Your Brand Need International Protection?

As your business grows, it’s important to evaluate whether or not your brand extends beyond the country in which you are located as trademarks...

3 Tips – How To Use ™ & ® Correctly

So you have a logo and you are about to create a website when your web designer asks you, "Should we put the ™  or...
Vegas Golden Knights

Vegas Golden Knights: Name Update

“Viva Las Hockey!”   Didn’t Elvis say that? In June 2016,  Las Vegas was awarded its first professional sports team--hockey.   The National Hockey League (NHL)...
Common Law Trademark

What are Common Law Trademark Rights?

  If I do not want to formally apply to have my brand name registered with the USPTO (United States Patent and Trademark Office), can...

Inventor’s Guide: Should You Patent Your Invention

Many people think of inventions, but only a dedicated few pursue them. The ones that do can sometimes change the world. It takes courage,...

Trademarks, Signaling, and Innovation

13-year old Rachel Zietz was a skilled lacrosse player who became frustrated after spending hundreds of dollars on lacrosse equipment that was of low...
Trademark Opposition

“Hey, you can’t do that!”: A Guide to Trademark Oppositions

You file your trademark application, and wait with baited breath for 12-16 weeks to hear from the USPTO examiners.  Your application passes the official...
Proof of Use

Proof of Use and USPTO Federal Trademark Registration

Individuals and business are constantly attempting to register their brands with the United States Patent and Trademark Office (USPTO). The trademarking process is often...
Agreement

Agreements between Founders

Not all businesses are started with just one person. Oftentimes, a group of friends or colleagues will start a business together, with each person...
how to choose a trademark

How to Choose a Trademark

Choosing a brand name is an exciting time for any business.   As much as it is fun, it is a very important business decision...
LLC

Don’t Pierce Me Bro:  How To Preserve Your Limited Liability Protection

“Piercing seems to happen freakishly. Like lightning, it is rare, severe, and unprincipled.” -Frank H. Easterbrook & Daniel R. Fischel, Limited Liability and the Corporation,...

Did You Know? You Can Trademark More Than Just a Logo, Name or Slogan

Trademarks are meant to protect and distinguish your brand's unique identity. So if you think about it, it really makes sense that there are...