Know Your Rights: Your IP and Business Law Playbook

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 badass way to lock down your techno...

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. Same with most art you make.

But...

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 gives you a lot of power.

Don't let you...

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, Trademarks, Patents, and Trade Secrets!

...

Here are 4 Ways to Avoid Trademark Infringement Trouble

1. 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.
2. 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 an infringement action. If that’s...

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 employees whose job it is to do only ...

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 infringement can lead to the infring...

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 Infringement? 0:04
• Why Are Trademark Owners S...

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 name isn’t just catchy; i...

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 of registration. Then, over time, ...

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 eligible for trademark registration unles...

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:

1. Generic Names Can’t Be Owned. A generic term is simply the common name for a product or service. No one business can claim exclusive rights to “Pizza...

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 don’t have to be practiced at the art ...

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 don’t have to be practiced at the art ...

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 advice about search results. Only patent...

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 to be resolved through small adjustme...

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, client money, is wasted on a search th...

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 expensive to do a search than to deal wit...

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 haven't seen it before. Unfortunately, t...