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]
10 Legal Strategies for Overcoming a Fair Use Defense in Copyright Infringement Cases
Copyright owners face a significant challenge when an alleged infringer asserts a fair use defense—a doctrine that permits limited use of copyrighted material without permission under certain conditions. While fair use is a flexible and fact-specific legal standard in the US, it is not absolute. Keep in mind the Four Factors of Fair Use: Purpose and Character of the Use Nature of the Copyrighted Work Amount and Substantiality of the Portion Used Effect on the Potential Market or Value of the Work In many cases, copyright holders can successfully rebut this defense with the right evidence and legal arguments. Below… [read more]
How to Protect Trade Secrets: A Practical Guide for Businesses
In a competitive marketplace, protecting trade secrets is essential to preserving your business’s competitive advantage, operational integrity, and long-term value. Unlike patents or trademarks, trade secrets are not registered with a government body. Instead, protection depends on your ability to actively guard the confidentiality of the information. Trade secrets may include proprietary formulas, algorithms, processes, strategies, customer lists, or internal systems—any confidential information that provides commercial value and is not generally known. Here’s a step-by-step framework to help businesses effectively protect their trade secrets. Identify and Classify Your Trade Secrets Not all business information qualifies as a trade secret. Begin… [read more]
Supplemental Register: Trademark Protection for Descriptive and Developing Marks
Not all trademarks are immediately eligible for full federal protection on the US Principal Register. For marks that are descriptive, non-distinctive, or otherwise lacking in acquired consumer recognition, the Supplemental Register offers an alternative path to limited federal rights—one that can serve as a strategic foundation while the brand builds distinctiveness. Here’s what brand owners, startups, and trademark professionals need to know about the Supplemental Register and when it may be a useful tool in your trademark portfolio strategy. What Is the Supplemental Register? The Supplemental Register is a secondary registry maintained by the United States Patent and Trademark Office… [read more]
What’s In a Non-Provisional Patent Application? A Step-by-Step Breakdown for Inventors
Filing a non-provisional patent application with the US Patent and Trademark Office (USPTO) is a critical step toward securing formal patent protection. Unlike a provisional application, which merely holds your filing date for 12 months, a non-provisional application is a full legal document that initiates the formal examination process and can result in an enforceable patent. To be accepted and successfully prosecuted by the USPTO, your application must be comprehensive, accurate, and fully compliant with the agency’s technical requirements. Below is a breakdown of the key components every applicant should understand and prepare before filing. The Specification: Telling the Story… [read more]
