If your mark is descriptive and lacks secondary meaning, the Principal Register may not be an option. But there’s still a path to protection: the Supplemental Register.
The USPTO maintains two federal trademark registers....more
In today’s digital-first world, trademarks are more visible—and vulnerable—than ever. Social-media platforms offer powerful brand exposure, but they also present new challenges for protecting your intellectual property. ...more
9/12/2025
/ Best Practices ,
Brand ,
Brand Registry ,
Cease and Desist Orders ,
Counterfeiting ,
Cybersquatting ,
Domain Name Registration ,
Enforcement Actions ,
Intellectual Property Protection ,
Online Platforms ,
Social Media ,
Social Media Policy ,
Trademark Enforcement ,
Trademark Infringement ,
Trademark Registration ,
Trademarks
Trademark licensing allows brand owners to authorize others to use their mark in connection with goods or services—often in exchange for royalties or business partnerships. When done properly, licensing can strengthen a brand...more
9/2/2025
/ Brand ,
Contract Terms ,
IP License ,
Lanham Act ,
License Agreements ,
Quality Control Plan ,
Reporting Requirements ,
Risk Management ,
Royalties ,
Trademark Enforcement ,
Trademark Licenses ,
Trademark Ownership ,
Trademark Registration ,
Trademarks
As lawsuits over artificial intelligence and copyrights continue to unfold, two recent federal court decisions from the Northern District of California provide early insight—conflicting at times—into how judges will begin to...more
8/29/2025
/ Artificial Intelligence ,
Authors ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Machine Learning ,
Natural Language Processing ,
Software Developers ,
Transformative Use
U.S. trademark rights stop at the border. If your business operates internationally or plans to expand abroad, you need to understand how to protect your trademark rights beyond the United States.
Unlike the U.S., many...more
8/22/2025
/ First-to-File ,
Intellectual Property Protection ,
International Trade ,
International Trademark Protection ,
Madrid Protocol ,
Trademark Application ,
Trademark Enforcement ,
Trademark Examination ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
USPTO
In trademark law, distinctiveness is key. The more distinctive a mark, the stronger its legal protection—and the easier to register and enforce the mark. Trademark law classifies marks along a spectrum of distinctiveness,...more
8/20/2025
/ Acquired Distinctiveness ,
Arbitrary Marks ,
Descriptive Trademarks ,
Fanciful Marks ,
Generic Marks ,
Inherently Distinctive ,
Suggestive Marks ,
Trademark Application ,
Trademark Enforcement ,
Trademark Infringement ,
Trademark Registration ,
Trademarks
Securing a federal trademark registration is a major milestone—but it is not the end of the journey. To keep your rights strong and enforceable, you need to maintain the registration and actively protect the mark in the...more
Trademark infringement occurs when someone uses a mark that is confusingly similar to another party’s registered or common law trademark in connection with related goods or services. The key issue is whether consumers are...more
Registering and protecting a trademark involves more than just filing paperwork. Many businesses make costly errors that could lead to rejection, enforcement issues, or even the loss of rights. Here are some of the most...more
7/28/2025
/ Brand ,
Common Law Claims ,
Filing Deadlines ,
Generic Marks ,
Intellectual Property Protection ,
Trademark Act ,
Trademark Application ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Registration ,
Trademark Searches ,
Trademarks
Registering a trademark with the U.S. Patent and Trademark Office (USPTO) provides significant legal benefits, including nationwide protection and the presumption of ownership. Federal registration is a smart investment for...more
7/25/2025
/ Brand ,
Federal Trademark Register ,
Goods or Services ,
Intellectual Property Protection ,
Likelihood of Confusion ,
Trademark Act ,
Trademark Application ,
Trademark Enforcement ,
Trademark Litigation ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
USPTO
A trademark is a word, phrase, symbol, or design—or a combination of these—that identifies and distinguishes the source of goods or services of one party from those of others. Essentially, a trademark is your brand’s identity...more
7/15/2025
/ Brand ,
Brand Registry ,
Business Assets ,
Corporate Branding ,
Goods or Services ,
Intellectual Property Protection ,
Marketing ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
Unfair Competition ,
USPTO
Cybersquatters often exploit brand owners by demanding a large payment for a domain name that is similar to the brand owner’s trademark. Cybersquatters may also seek to profit from rerouting internet traffic intended for the...more
How important is reputation in your line of work? What is it worth? Does it matter that others associate your company with consistently high-quality goods or services? That your company represents a strong value-add...more
For decades, the Washington Redskins’ name has been the center of controversy, both in federal court and in the court of public opinion. Native American groups have long decried the name as a racial slur and have challenged...more
7/22/2020
/ Black Lives Matter ,
Disparagement ,
Football ,
Fraud ,
Name Changes ,
Native American Issues ,
NFL ,
Protests ,
Redskins ,
Trademark Registration ,
Trademark Trolls ,
Trademarks ,
Use in Commerce
The U.S. Supreme Court has ruled that Booking.com B.V., the owner of the hotel-reservation website of the same name, is entitled to register the mark BOOKING.COM with the United States Patent and Trademark Office (“USPTO”)....more
7/13/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Descriptive Trademarks ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
Caution: Spoilers Ahead. Netflix’s wildly popular documentary series Tiger King: Murder, Mayhem and Madness continues to capture the imagination of the public as countless media reports and a follow-up Netflix episode...more
4/27/2020
/ Assignments ,
Consent Decrees ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
Intellectual Property Protection ,
IP License ,
Photographs ,
Statutory Damages ,
Summary Judgment ,
Transfer of Interest
Caution: Spoilers Ahead. Netflix’s documentary series “Tiger King” is currently the number one show on the streaming service and one of the most talked about shows in media. The series explores the peculiar world of private,...more
In late 2019, the U.S. Court of Appeals for the Third Circuit held Amazon liable as the seller of a third-party's dog collar that broke causing the retractable leash to recoil, hitting and blinding the purchaser in one eye....more
1/29/2020
/ Amazon ,
Bodily Injury ,
Buyers ,
Corporate Liability ,
Online Marketplace ,
Popular ,
Product Defects ,
Sellers ,
Strict Liability ,
Third-Party Service Provider ,
User-Generated Content ,
Website Owner Liability
Although many business owners have a general idea of what intellectual property is, most are not as familiar with the different types of intellectual property and what may be protected. This can be an expensive learning curve...more
9/26/2019
/ Copyright ,
Copyright Infringement ,
Copyright Registration ,
Design Patent ,
Intellectual Property Protection ,
Misappropriation ,
Patent Applications ,
Patents ,
Trade Secrets ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
Utility Patents
A trademark is a word, name, or symbol used to identify and distinguish a seller’s product from those of others. A trademark is part of a company’s brand. It is the embodiment of the company’s reputation. Over time, a...more
9/17/2019
/ Cease and Desist Orders ,
Confusingly Similar ,
Corporate Branding ,
Counterfeiting ,
Cybersquatting ,
Dispute Resolution ,
Domain Names ,
Enhanced Damages ,
Exclusivity ,
Goodwill ,
gTLD ,
Imports ,
Intellectual Property Protection ,
Lanham Act ,
Madrid Protocol ,
Online Platforms ,
Popular ,
Trademark Clearinghouse ,
Trademark Infringement ,
Trademark Registration ,
Trademark Symbols ,
Trademarks ,
UDRP ,
Use in Commerce ,
USPTO
Great photographs of your product are essential to a successful Amazon listing. Following certain basic rules is critical to keeping your listing from being shut down. In addition to satisfying the minimum requirements so...more
5/18/2019
/ Amazon Marketplace ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
Damages ,
Fair Use ,
Photographs ,
Public Domain ,
Risk Mitigation ,
Selfies ,
Statutory Damages ,
Technical Standards ,
Without Consent
The U.S. Supreme Court has ruled copyright owners must register their copyrights before filing a lawsuit for copyright infringement. The decision resolves a conflict between certain federal appeals courts that held copyright...more
Marketing a product as “Made in the USA” or “Made in America” can provide a competitive advantage to companies using the designation. Some view the designation as signifying a safer or higher-quality product. Many consider...more
The U.S. Supreme Court has ruled that employers may require their employees to resolve wage and hour disputes through one-on-one arbitration instead of through class actions. In Epic Systems Corp. v. Lewis, the Supreme Court...more
5/30/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Employment Contract ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Preemption ,
Reversal ,
Savings Clause ,
SCOTUS ,
Section 7
Copyrights arise automatically when an original work is created. Copyrights protect “original works of authorship,” which include paintings, illustrations, sculpture, photographs, books, articles, poems, movies, songs,...more
5/15/2018
/ Attorney's Fees ,
Cease and Desist ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Copyright Ownership ,
Copyright Registration ,
Customs and Border Protection ,
Derivative Works ,
Intellectual Property Protection ,
Litigation Fees & Costs ,
Product Exclusivity ,
Statutory Damages ,
Valuation