Choosing a business name often feels like a creative decision. Entrepreneurs pick names that sound good, feel right, and have available domains and social media handles. But this instinctive approach can lead to serious problems. A restaurant in Central Pennsylvania discovered this the hard way. Despite building a loyal customer base and strong local recognition, the business had to change its name due to potential trademark risks. This story highlights why legal consideratio

Most people think of a cease and desist letter as a legal formality... a written instruction telling someone to stop doing something wrong. In practice, it often marks the moment a quiet problem becomes an active dispute. That is why the decision to send a demand letter should be treated strategically. A cease and desist letter does not simply communicate a position; it forces a response. The recipient may comply, negotiate, ignore the request, or fight back. Each of those re

Luxury fragrance brands are increasingly affected by business practices that fall into a legal gray area but still damage brand value. These practices include marketing products as “similar to” or "inspired by" famous scents as well as repackaging authentic perfume through decanting. While neither practice involves outright counterfeiting, both can blur brand identity, mislead consumers, and weaken the exclusivity that defines luxury goods. So-called smell-alike perfumes are

Artificial intelligence has transformed how media is created, enabling machines to replicate human speech with remarkable realism. While these technologies unlock new creative and commercial possibilities, they also raise a fundamental legal question: who owns a person’s voice once it has been cloned by AI? The Rise of Voice Cloning Early text-to-speech tools have evolved into sophisticated AI systems capable of recreating a person’s unique vocal characteristics including ton

Launching a new product or service is an exciting step for any business. But before you invest time and money into branding, marketing, and production, there is one critical task that can save you from costly legal battles and brand confusion: conducting a trademark search. Skipping this step can lead to unexpected challenges that might derail your launch or damage your reputation. What is a Trademark Search? A trademark search is a process of checking existing trademarks to

What Is Dupe Culture? Dupe culture involves products that closely resemble established brands in appearance, packaging, or overall presentation but are sold at a lower price. Although dupes often avoid copying exact trademarks, they can still create a similar commercial impression, attracting consumers who want the look or feel of a premium product without the cost. This trend matters because widespread dupes can dilute brand distinctiveness, confuse consumers, and weaken the

Every week I get at least one client inquiry related to a trademark scam. Knowing how to distinguish legitimate USPTO communications from fraudulent ones can save your business time, money, and significant frustration. How the Scam Typically Works: A trademark scam usually begins with an urgent call, email, or text message directed to you or someone in your organization. The sender claims to be from the USPTO and insists immediate action is required. Common tactics include: S

I often have clients come to me after receiving an unexpected cease and desist letter demanding the take down of copyrighted content and the payment of damages. Many believe that if an image can be found on the internet it is free to use. Others go a step further and pay for a license but they purchase an individual license rather than a commercial one and then use it in a commercial application. A recent Supreme Court ruling has expanded the window for copyright damages, a

The Trump administration is reportedly weighing a dramatic overhaul of the U.S. patent system by replacing flat maintenance fees with an annual “property tax” of 1–5% on patent value, according to The Wall Street Journal . The proposal, led by Commerce Department officials, could sharply raise costs for many patent holders and would make the U.S. an outlier among major economies. While some argue that value-based fees could benefit patents with little or no worth, critics war

Steve Madden and Adidas are facing off in a Brooklyn federal court over a design dispute that cuts to the core of fashion branding. Adidas argues that Madden’s new “Viento” and “Janos” sneakers infringe on its iconic three-stripe trademark, while Madden counters that stripes are a universal design element no one company should monopolize. The case highlights the tension between protecting brand identity and allowing creative freedom in the competitive sneaker industry. CLICK

A team of researchers has shown that it’s possible to build large AI datasets entirely from ethical sources, namely 130,000 English-language books from the Library of Congress—almost twice the size of Project Gutenberg’s collection. Their project adds to recent open-source efforts like Hugging Face’s FineWeb, which aim to make AI training more transparent and responsible. While experts say this careful approach may not be big enough to power today’s largest AI models, they ho

After nearly a year on the picket line, voice and performance-capture actors in the video game industry have reached a landmark deal with publishers — a moment that firmly places gaming companies in the same labor league as Hollywood’s biggest studios. For decades, video game giants were treated as tech companies, striking union agreements tailored to their unique medium. Under the new Interactive Media Agreement, they’ve joined TV and film studios in accepting union terms on

From George Gershwin's Rhapsody in Blue to Ernest Hemingway's Farewell to Arms - here are a collection of works whose copyrights have expired. CLICK HERE FOR A LISTING OF WORKS THAT RECENTLY ENTERED THE PUBLIC DOMAIN

The European Union's Artificial Intelligence (AI) Act, enacted in 2024, represents the world's first comprehensive legal framework for AI. The primary objective of this legislation is to ensure that AI systems within the EU are developed and employed in an ethical and transparent manner that respects fundamental human rights. The Act categorizes AI applications based on their risk levels and imposes corresponding regulatory requirements. High-risk AI systems, such as those us

While celebrities often trademark their names and common catchphrases to protect and monetize their personal brands, there are notable limitations to the intellectual property protections they can secure. Trademarks must be used in commerce; merely registering a phrase without actual commercial use will not result in protection. Additionally, a trademark application will not be allowed if it creates a likelihood of confusion issue with an existing trademark. Furthermore, comm

It may if it is man-made! In copyright law, natural wood grain patterns are ineligible for protection, as these grains are the result of tree growth; however, if an individual creates an original, human-made pattern that mimics or is inspired by wood grain, that design has human authorship and may be eligible for copyright protection. Toppan Interamerica designs, prints and sells decorative papers and films featuring synthetic wood grains that are used on surfaces such as flo

Design patent D1,000,0oo issued on September 26th. Having had two design patents issue on September 19th, I have to admit that I am slightly disappointed to have missed it by a week!

Before engaging with a client in a new patent application I make a point of reviewing the overall grant rate statistics. Typically, the acceptance rate for patent applications in the United States hovers right around 50% . In 2020, the grant rate was 53% meaning that nearly half of the patent applications submitted never resulted in a patent. While the odds may be slightly in an applicant’s favor, it is important to understand that the battle for a patent is an uphill one

Recently USPTO Trademark applicants have been receiving calls from scammers claiming to be from the USPTO. The call identifier may note “USPTO”; however, these calls are being spoofed. Generally speaking, you will not receive a call from the USPTO unless you are a pro se applicant and have a trademark that is currently in the prosecution phase. In such a case, the caller will identify the application and their name which should correspond to the application under examin

With the recent increase in confirmed coronavirus cases many are concerned that ventilator supplies may run low. One man has come up with a way to create a ventilator-like apparatus by modifying a standard CPAP machine. This device is not FDA approved and does not appear to have been tested by any medical professionals; however, it’s encouraging that people are trying to come up with alternative solutions for potential ventilator shortages. Please make/use this devic