Can You Trademark a Sound, Smell, or Color? Here’s What to Know

Executive Summary:Non-traditional trademarks such as sounds, scents, and colors can be protected under U.S. law if they meet strict standards. To qualify, they must identify the source of a product and have acquired secondary meaning. These trademarks face high scrutiny during registration and enforcement, but can offer strong brand differentiation when properly supported and maintained. Most people think of Read More

How to Choose the Right Royalty Model for Your IP License

Executive Summary: Royalty clauses in IP licensing deals typically follow either a fixed fee or a percentage-based model. Fixed fees offer predictable income but capped upside. Percentage royalties align incentives and scale with success but require more oversight. Each model has pros and cons, and hybrid structures are common. The best approach depends on the value of the IP, the licensee’s business model, and your Read More

Is Your Idea Patentable? Here’s How to Find Out

In the event you have an idea, and you believe that you might have a chance of obtaining a patent for your invention, what do you do? Where do you begin? The process to achieve this lofty goal may appear intimidating and overwhelming. In some ways, this can be attributed to the purposeful design of U.S. patent laws and the United States Patent and Trademark Office’s (USPTO) manner of operation. The grant of a patent Read More

Should I Use AI To Create and Develop My Brand?

AI-enabled content creation tools have gained significant traction across various industries, and for small business owners and entrepreneurs, the appeal of using such tools is self-evident. These AI models, at least on their face, remove the need for in-house or third-party creative teams. Instead, content for branding, logo design, name generation, and marketing materials is available within minutes. These tools Read More

Protecting Your Intellectual Property Across International Borders

  The global nature of modern business is unavoidable. In an instant, you can communicate with a human being on the opposite side of the globe. Likewise, you can purchase an array of products and services from that same person. Separated only by physical distance, markets have expanded beyond the comprehension of the original laissez-faire economist-philosophers who marveled over the awesome power of price and the Read More

Is Your Company’s Use of AI Putting Its Trade Secrets at Risk?

  It is no secret that large language models (LLMs), such as Open AI’s CHATGPT or Google’s Gemini, have become commonplace in our contemporary business world. Many forward-thinking companies have delegated to AI to save time, create operational efficiency, and to allow human workers to focus on more strategic and creative endeavors, with the hope that this will propel their business forward. These tools can make life Read More

Protecting Your Intellectual Property Long-Term

  Securing your intellectual property rights is the first step in a valuable long-term process for establishing and protecting your innovation. Whether you're building a brand, launching a product, or licensing original content, your long-term success depends on keeping those rights active and enforceable. Missing a filing deadline or letting protection lapse can leave your business vulnerable to copycats or disrupt Read More

U.S. Copyright Law Maintains Human Requirement Amidst Growing Use of Artificial Intelligence

As more businesses and consumers turn to artificial intelligence for everything from content generation to design mockups, the question of who owns the output isn’t just theoretical—it’s a legal one. Companies using AI tools to generate marketing materials, brand assets, product images, or written content want certainty that they can protect and control the results. But recent guidance from the U.S. Copyright Office Read More

How Do You Protect a Patent During Your Pitch?

Bringing an invention to life is an exciting but nerve-wracking process. After all the time and effort you’ve put into developing something valuable, the last thing you want is for someone else to steal your idea. The pitch process is critical in securing funding and partnerships, especially if you need to bring in outside individuals or organizations from a strategic or execution standpoint, but it also exposes your Read More

Who Owns Intellectual Property Produced By a Team?

Collaboration is the backbone of many successful businesses and business projects, whether it’s a team of employees brainstorming new ideas, organizations partnering to tackle shared goals, or independent contractors lending their expertise to key initiatives. However, while teamwork may drive innovation, questions about intellectual property (IP) ownership can complicate even the best collaborations. Determining who Read More