In the United States, businesses are granted exclusive rights to their brand identifiers by trademark law. One of the most powerful tools available to trademark owners is the Section 15 Declaration, which can bestow “incontestable” status upon a trademark pursuant to 37 CFR § 2.167. This blog post considers what a Section 15 Declaration is,…

Grasping the time constraints for lodging a trademark infringement claim is vital for both trademark owners and accused infringers. In the U.S., there’s no federal statute of limitations that specifically applies to trademark infringement under the Lanham Act. Instead, courts use either the state law trademark infringement statute of limitations if there is one, or…

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…