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,...
Who should own my trademark

Who Should Own My Trademark?

The worst mistake you can make in filing your trademark application may be to list yourself as the owner! Under Section  1201.02 (b)  of the...
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...
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...
trademark application

6 Tips: What To Do After Filing a Trademark Application

Start using your trademark (if you haven’t already). A trademark protects you when you continually use it, and can demonstrate that you have...
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...
How To File A Trademark

How To File A Trademark – Step By Step

If you are reading this, you are probably have asked yourself all ready, "Do I really need a trademark lawyer to file a trademark...
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...
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....
Design Patent

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...
trademark r

10 Reasons Why Trademarks Are Important for Any Brand

Federal Trademark registration is very important and should definitely not be overlooked by any brand.   A trademark’s main purpose is to identity the origin of...
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...
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)...
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...
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...
do i need patent

Do I need a Patent?

Ever since I was little, one of my favorite things to do has been asking “Why?”  Some people say this makes me persnickety –...
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...
Google Adword Trademark

Google AdWords and Commercial Use under the Trademark Act

Before a trademark can be registered with the USPTO, it must be used in commerce.  The Lanham Act defines the term “use in commerce”...
Design protection.

How Do I Protect my Design? (Part 2)

So what if I think I qualify for more than one protection? Can I have two (or more) intellectual property protections for the same...
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...
intellectual property goals

10 Intellectual Property Goals For the New Year

The start of a new year means it’s time to prepare a list of business goals to accomplish this year.  This year every business...
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...

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...
assassins creed movie

Flying With Altaïr: Getting Your Gaming Startup Off the Ground

December 20th sees the release of the Assassin’s Creed film; the first motion picture in a media franchise that began with a video game...
Harry Potter Star Wars

Copyright Law and Fanfiction…Not Always OTP: Legal Issues with Fanfiction

Do the words “fic” or  “fannish” mean anything to you?  If they do there are pretty good chances you are familiar with fanfiction.  Maybe...
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...
how to trademark a tshirt slogan, how to trademark a t-shirt slogan, t-shirt trademark, trademark tshirt

How To Trademark a T-shirt Slogan

Check out Heather A. Sapp's, Senior Trademark Attorney at LegalForce RAPC, guest post on MerchInformer.   She has created a step by step guide...

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...
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...

An Entrepreneur’s Checklist – Filing a Patent

Here is a very down and dirty outline of some important steps you need to take in order to file your patent. Use this...

What is Intellectual Property Law?

What is it?  Intellectual property law or (IP law for short) is the act of attaining and maintaining your legal rights to your inventions, designs...
International Trademark Protection

6 Reasons You Need International Trademark Protection

Today, many businesses are global or have the potential to be. With the click of a mouse, your product can sail over seas or fly across...

An Entrepreneur’s Checklist – Filing Your Own Trademark

If you are reading this, you probably have already asked yourself, “Do I really need a trademark lawyer to file a trademark application?” Well,...

What Happens if soemeone registers MY trademark in a foreign country

This is not good news. The othe one claiming name to your brand could strom you disturution , manufacturing and other activity in the...

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 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....

5 Reasons Why Trademarks Are A Must

  Think about how many laundry services are called "Laundry." If you are like me, one pressed shirt is as good as the next so why...

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...