Insights
Trademark law, plainly explained.
Confusion, dilution, cease-and-desist letters, fair use, and USPTO practice — written for business owners and founders, not just other lawyers. No jargon left unexplained, no citation left unlinked.
The Road to a Federal Trademark Registration
Every application starts on the same road, but where it goes next depends on the USPTO and on facts no one can know on day one. See every step and every fork.
Read the postSame Words, New Order: A $15.4 Million Lesson in Likelihood of Confusion
A jury found that rearranging the words of a small company's slogan was enough to infringe, and willfully. What the Sonate v. Beyond Meat verdict teaches about choosing a mark.
Read the postLikelihood of Confusion in Trademark Law
How courts and the USPTO decide if two trademarks are too close — the DuPont, Sleekcraft, and Fifth Circuit tests, explained plainly.
Read the postTrademark Dilution Explained
Dilution doesn't require confusion, competition, or overlapping customers — just fame. Blurring, tarnishment, and their limits, explained.
Read the postGot a Trademark Cease-and-Desist Letter?
A cease-and-desist letter is a demand, not a court order. How to evaluate one on the merits and choose a response strategy.
Read the postGenericness & Fair Use: Trademark Defenses
Not every use of someone else's trademark is infringement. Genericness, classic fair use, and nominative fair use, explained.
Read the postUnderstanding a USPTO Section 2(d) Refusal
Got an Office Action refusing registration under Section 2(d)? Most refusals are answerable. Here is the process and your response options.
Read the post