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]
Freedom-to-Operate Analyses: Scope, Timing, and Practical Limits
Freedom-to-operate analyses tend to fail in two ways: too late, when the product is already in market and a competitor’s patent has surfaced; or too broad, when a comprehensive scan across an entire technology space produces a deliverable no one can act on. Both are products of unclear thinking about what an FTO is for. This post covers what an FTO opinion is and is not, when to commission one, the decisions that set its scope, what the deliverable contains and where its limits lie, and how to build FTO checkpoints into product development. What an FTO Is and Is… [read more]
Smart Contract IP: Legal Considerations for Developers and Blockchain Businesses
Smart contracts—self-executing code that automates transactions on the blockchain—are revolutionizing how agreements are formed, executed, and enforced. However, the intersection of smart contracts and intellectual property (“IP”) law remains complex and rapidly evolving. Unlike traditional software, smart contracts often operate in decentralized environments, incorporate open-source components, and may involve contributors across multiple jurisdictions. As such, understanding how to protect and manage the IP associated with smart contracts is critical for developers, startups, and investors operating in the Web3 space. Here are key IP issues to consider when building, using, or investing in smart contract technology. Ownership and Authorship: Who Owns… [read more]
Enforcing Trade Secrets: Legal Strategies and Practical Risks for Business Owners
Enforcing Trade Secrets: Legal Strategies and Practical Risks for Business Owners Trade secrets are among the most valuable—but also the most vulnerable—assets a company can hold. Key elements of a trade secret are that the secret (1) Is not publicly known, (2) Provides economic value or business advantage, and (3) Is protected through confidentiality measures. These confidential formulas, processes, customer lists, or algorithms can offer a significant competitive advantage. However, once misappropriated, they are notoriously difficult to recover. Enforcing trade secrets requires a proactive legal strategy, rigorous internal controls, and careful risk balancing. In this blog, we outline the critical… [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]
