Most business owners call a lawyer only after a lawsuit is filed, a contract implodes, or a regulator comes knocking. By that point, the damage is already done, and the cost of fixing it is exponentially higher than the cost of preventing it. A lawyer isn’t just someone who solves […]
A photographer holds a copyright in a picture of Miles Davis. A tattoo artist stenciled that picture onto a client’s arm and reproduced the picture as a tattoo. Can a jury really say that is not copyright infringement? Business owners ask this question more often than they realize. Usually not […]
Civil lawsuits can be expensive, time-consuming, and overwhelming. For businesses and individuals, understanding the process is key to protecting your rights and making informed decisions. While each case is unique, most follow a structured path that includes pre-suit demands, pleadings, discovery, trial, and post-judgment enforcement. This guide offers a general […]
You’ve spent years building your business. You’ve invested your time, effort, energy, and money into developing something that will provide for you and your family, not to mention for your employees and their families. You’re proud of what you’ve accomplished. It’s yours and you made it. And then one day […]
If you have ever searched for trademark rights, you have probably come across the term “common law rights” or “common law trademarks.” Before diving into how these rights work, it is helpful to start with the definition of a trademark. A trademark is a word, phrase, symbol, design, or a […]
Fair use is an exception to the limited monopoly created by most intellectual property rights, including trademarks and copyrights. This post focuses on how fair use applies to trademarks. A follow-up article will address copyright fair use. If you are unsure which applies to your situation, you may also find […]
While it is true that almost anything can be protected as a trademark, the context around its use makes a big difference. Choosing a trademark carefully is important to avoid pitfalls and to support the long-term growth and strength of a brand. Generic vs. Distinctive Terms A classic example of […]
Slogans, like “JUST DO IT”, can be among the best and most memorable trademarks a company can use. But how protectable are they, and what can a business do to make sure that its slogan is protected? Slogans as Trademarks At its core, a trademark is a goods/source identifier. In […]
Following up on my What’s the Difference Between a Trademark, a Copyright, and a Patent? blog post, someone asked, “Do I automatically get copyright protection when I create something?” And the short answer is yes – sort of. Automatic Protection In the United States, copyright protection attaches automatically to original […]
Clients often want to know how long it takes to register a trademark. The short answer is that it can take anywhere from a few months to several years. The good news is that many of the variables affecting how long it takes for a trademark application to mature to […]