Asset Integrity: Why Your IP Schedule Is Lying to You
When was the last time anyone audited your IP schedule against the underlying registries? If the answer is “never” — or “I don’t know” — the schedule attached to your last fund Aged Trial Balance or M&A package was probably wrong. The fix is structural. Every IP schedule is a snapshot. Every snapshot is wrong by the time it is delivered. The question is not whether the schedule is current — it is whether the variance between the schedule and reality is small enough to defend, and whether the underlying records support reconstruction when challenged. For most companies, the answer… [read more]
Excusable Non-Use of a TM: What to Know When Govt. Approval Delays Commercial Use
Trademark owners are generally required to use their marks in commerce to maintain their federal registration. However, US trademark law recognizes that certain circumstances can delay use, without penalizing the owner or resulting in abandonment. One of the most common and accepted scenarios is waiting for government regulatory approval—a delay that, when properly documented and justified, may qualify as excusable non-use under Section 8 of the Lanham Act. Below, we break down how trademark owners can protect their rights while navigating regulatory delays or other exceptional circumstances. Regulatory Approval as Excusable Non-Use If the use of a trademark is delayed… [read more]
10 Legal Guardrails Every NIL Agreement Should Include
10 Legal Guardrails Every NIL Agreement Should Include As NIL (Name, Image, and Likeness) deals continue to grow in scope and visibility—particularly in collegiate athletics and influencer marketing—both individuals and organizations must approach NIL Grant of Rights agreements with clarity, precision, and legal foresight. At their core, NIL agreements are licensing contracts, and like any effective IP or commercial arrangement, they require well-defined guardrails to protect both the individual whose NIL is being licensed and the entity using it. Here’s a breakdown of 10 key provisions that every NIL agreement should address: Scope of Use Define exactly what rights are… [read more]
Enforce Your IP at the U.S. Border: A Guide to CBP Recordation
Counterfeit goods and unauthorized imports can severely undermine your brand’s reputation, reduce revenue, and expose consumers to risk. Fortunately, US rights holders have a powerful—but underutilized—tool to fight back: recording their trademarks and copyrights with US Customs and Border Protection (CBP). CBP plays a frontline role in enforcing intellectual property (IP) rights at US ports of entry. By recording your registered trademark or copyright with CBP, you empower federal agents to seize counterfeit or infringing goods at the border before they ever reach the market. Here’s what you need to know to leverage CBP’s IP enforcement capabilities. Step 1: Submit… [read more]
IP Risks and Strategies for Crypto Hedge Fund Managers: What You Need to Know
As cryptocurrency and blockchain-based investments mature, crypto hedge fund managers face a growing list of intellectual property (IP) concerns that differ significantly from those in traditional finance. Blockchain technologies, smart contracts, and token-based platforms introduce novel legal issues that can materially affect a fund’s portfolio, valuation, and long-term strategy. Here, we outline the most pressing IP-related issues that crypto hedge fund managers must understand and proactively address. Patent Risks in Blockchain Investments Patent Risks in Blockchain Investments Blockchain-related innovations are increasingly subject to patent filings by both startups and large technology firms. While the ethos of blockchain development… [read more]
Protection of Your Domain Name, #Hashtags & Online Handles
When considering your organization’s intellectual property protection plan, special attention should be given to the issue of domain names and social media. Domain names, hashtags, and social media handles can be used to immediately separate you from the rest of the businesses and people online. It’s important to remember, the same rules apply to domain names, hashtags, and social media handles as to the word portion of the domain name itself, for example. That’s because a domain extension commonly signifies the type of entity using the domain name and adding the hash symbol (#) to an otherwise unregisterable mark generally… [read more]
