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

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

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

Yeah, maybe... if your face serves as a means to distinguish goods and services. CLICK HERE FOR FULL ARTICLE

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

The question of who holds the copyright in AI-generated music, particularly when a user provides prompts, is a complex and evolving legal...

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

Since 1936, Levi has been placing a small fabric tag with the name LEVI on the pockets of its denim products.  The company recently filed a trademark suit against Barbour, an English clothier that has been in business since 1894.  Levi claimed that the blue fabric tags placed in the pockets of Barbour clothing created a likelihood of confusion. On February 1st, a Judge dismissed the case calling Levi Strauss a "bully." CLICK HERE FOR ARTICLE

After two years of trying to secure the color yellow as a trademark, the TTAB has ruled that consumers do not necessarily associate a yellow box with Cheerios brand cereal. Click here for full article

If you have developed a mobile application you should consider protecting your intellectual property rights by filing trademark and patent applications where applicable.  You should also consider federal copyright registration as a means of protecting the code and layout of your application.  Click here for full article.

A $1.6 Million dollar award for attorney fees was recently confirmed against a plaintiff held to have pursued a bad faith infringement action. Click here for full article