Trademark licensing is a powerful tool a business can use to grow its brand. But tucked inside what appears to be a straightforward licensing arrangement may be a legal landmine: the accidental franchise. If your business licenses its trademark to another party, you may already be exposed to significant legal liability without knowing it. The Hidden Risk in Trademark Licensing …
Personal Names as Branding: Legal and Commercial Considerations
Many entrepreneurs choose to name their business after themselves. In certain industries, a personal name can lend credibility and build client trust in ways that a coined brand name may not. That said, this decision carries legal and commercial implications that are worth understanding before committing. Trademark Registration Considerations Under U.S. trademark law, a surname on its own is generally …
Understanding the Use of Copyrights and Trademarks by Politicians and Political Campaigns
From a Congressional campaign in Michigan to the mayoral race in New York City and even all the way to the Presidency, this election cycle has highlighted a long history of tensions between politicians, political campaigns, and intellectual property rights owners. For artists and business owners, navigating a charged political landscape while safeguarding their intellectual property assets can be complex …
Labubu Toys: When Viral Toys Meet IP Law
Viral success can create tremendous growth opportunities for a business. When a product suddenly captures widespread attention and gets shared across social media and other channels, it can lead to spikes in sales and revenue, brand recognition, free advertising, and media coverage. Having an IP protection and enforcement plan in place can help a business translate this viral success into …
No Goodwill, No Trademark: Why Brand Value Cannot Be Separated from Business Operations
When a business changes hands, its trademarks may also be transferred. However, a trademark does not properly change hands unless the goodwill associated with the trademark is also transferred. This does not happen automatically, and trademark owners must take proper steps to ensure that ownership of the trademark has properly transferred to the new trademark owner and is not deemed …
How to Show Use of A Trademark “In Commerce”
One of the fundamental requirements for federal trademark registration in the United States is demonstrating “use in commerce.” Without a proper showing of use, a trademark will not register. Understanding this concept is crucial when filing a trademark application. What Does “Use in Commerce” Mean? Under U.S. trademark law, “use in commerce” refers to the bona fide use of a …
Hashtags and Trademark Rights
The use of hashtags in social media has gained tremendous popularity as a marketing and advertising tool. Business owners can now gain trademark rights and possibly even a registration for their hashtag.Like all intellectual property, trademarks, including some hashtags, are extremely valuable assets in a business. To protect them, it is important to know how to use and safeguard these …
IP-Backed Financing: Leveraging Intellectual Property as Collateral
Intellectual property can be one of the most valuable assets on a company’s balance sheet. IP-backed financing enables companies to leverage their intellectual property as collateral to secure capital while retaining ownership and control of their assets. What is IP-Backed Financing? IP-backed financing refers to lending arrangements where intellectual property assets—including patents, trademarks, and other IP rights—serve as collateral for …
State vs. Federal Trademarks: Do You Need Both?
Trademarks serve as valuable assets that safeguard a company’s name, logo, slogan, or other distinctive elements from unauthorized use by competitors. However, business owners may be unsure about whether they should apply for state or federal trademark registrations. This article explores the differences between state and federal trademarks and their respective benefits. What Is a State Trademark? A state trademark …
The Importance of Intellectual Property Protection For Startups
While many young companies view IP protection as an unnecessary expense or a concern for later, the reality is that IP protection can be the difference between long-term success and vulnerability to competition. Why Your Startup Should Invest in IP Protection IP protection requires upfront investment, however, the potential returns far outweigh the initial costs. Some of the benefits of …
