The wearable neurotechnology revolution is transforming the worlds of healthcare and consumer electronics at an extraordinary speed. Elapsed time from advanced concepts of wearable brain monitoring technologies, alongside tools for cognitive enhancement and systems for neural feedback, to actually available devices has been minimal to nonexistent. The market for devices that monitor brain activity and…

Trademark law is critical because it grants an owner the ability to protect their brand, allowing them to distinguish their goods and services from others in the marketplace. However, not all elements of a trademark are entitled to full protection of that brand. We often tell clients that not all the words of your trademark…

Different types of trademarks have different levels of strength. The strength of a trademark determines its ability to be protected from trademark infringers and enforced against bad actors. U.S. trademark law classifies trademarks on a spectrum of distinctiveness that ranges from strong, highly protectable trademarks to weak or unregistrable trademarks. There are five categories: coined…

When launching a startup, choosing the right business structure is one of the most critical decisions founders must make. Two of the most common options are Limited Liability Companies (LLCs) and Corporations (C-Corps or S-Corps). Each has distinct advantages and disadvantages that can impact taxation, funding opportunities, ownership structure, and long-term growth. In this guide,…

In the current digital age, a company’s domain name often represents its most significant online asset. This importance has led to the rise of cybersquatting, where individuals register or use domain names that are identical or confusingly similar to trademarked brands for unlawful profit. As a result, domain name dispute resolution procedures have been established….

Trademark symbols are essential for safeguarding intellectual property and indicating ownership of a brand, slogan, or logo. Do You Need to Register Your Trademark? Using the ™ symbol does not mean your trademark is federally registered. It simply indicates that you claim rights in the mark under common law. Federal trademark registration with the USPTO…

NBA player Victor Wembanyama, a rising star with the San Antonio Spurs, has filed a lawsuit against an Austin man for using his name and likeness without permission. The legal action comes after Wembanyama’s image was reportedly used to promote merchandise, including T-shirts, without his consent. The lawsuit seeks to protect his right of publicity…

The Evolution of the Role of Intellectual Property in Collegiate Athletics Since the National Collegiate Athletic Association (NCAA) first allowed student-athletes to profit from their Name, Image, and Likeness in 2021, much of the attention has been on commercialization, branding, and endorsements. With the revised 2024 NIL rules, though, the concentration is now geared toward…

The concept of trademark priority can be crucial in trademark disputes, litigation, or in Trademark Trial and Appeal Board oppositions or cancellation proceedings. Understanding priority rights when the trademark was originally based on a foreign application/registration can be tricky and important when determining your most advantageous foreign trademark filing strategy. Further, there is more than…