Most know that trademarks exist to aid in distinguishing an owner’s goods or services from other businesses, as well as a source identifier. However, few business owners know that technically, there are 3 forms of trademark ownership:  1. Common law trademark rights under the Lanham Act, or two forms of registration with the USPTO: 2. […]

This year I’ve been nearly entirely absent from blogging, because 1. COVID; 2. At the outset of 2020, I made an intentional decision to dedicate my time to mentoring, and was blessed with the opportunity to work with fantastic interns, and 3. I’ve spent endless hours having important conversations with my own mentor about everything […]

Nothing in this article is to be construed as legal advice; rather, the information derived from the cases discussed below are for educational purposes only. This summer, I, like so many other users, began to notice an increase in “community guideline” flags and takedowns on Instagram, and received an explosion of legal inquiries regarding these […]

We’re living in unprecedented times, without question. COVID-19 has seemingly turned the world on its head in 2020, and questions  remain in the wake of state reopenings.  One immediately pressing question is whether or not states have the legal right to require citizens to wear masks. In a word, yes. This right has been well […]

A recent development in the Washington Redskins case showcases a rare side of trademark disputes, and more importantly: the risk that any business owner runs by waiting too long to trademark their name. What’s in a name? In order for it to be applicable for a trademark registration, it must be more than creative- it […]

Call it what you want to: Taylor Swift isn’t just a music mogul, she’s proven herself as a savvy businesswoman over the years as well. For every hit she’s put out over the decade, a series of trademark applications have followed (175 and counting, to be exact). Using Swift’s USPTO history is not just a […]

As I learned from hands on experience this summer, one of the most important steps a business owner can take is to ensure that their personal estate is in order, so that their failure to plan personally does not have a ripple effect on their business.  A shocking amount of families do not have their […]

If you see another company using your trademark, there are reasons more than just principle that should compel you to take action: failing to do so could put the validity of your registration at risk. Trademark dilution occurs when another entity uses another company’s trademark in such a way as to cause the registered mark’s […]

When registering a trademark, there are technically two forms of registers that you can register on: the Principal and Supplemental register. Both are federal registers maintained by the USPTO. The Supplemental Register is the secondary list maintained by the USPTO for registered trademarks that do not qualify for the Principal Register. A mark may be […]

Take a look at an entrepreneur (in any industry) that you look up to or respect. How many of them are in the exact same business model, or even the same business altogether, than they were the day they began? The answer is typically: not many. If there’s a hallmark of entrepreneurship, it’s likely that […]