Avoid the Legal Horrors with Julie King: Patent, Trademark, and Business Strategy

What Happens to Your Online Business When You Die or Can't Work?

Julie King — Tue, 02 Jun 2026 06:00:00 -0500

What happens to your Instagram account, your domain name, your email list, your Shopify store, your YouTube channel, and your podcast when you die—or when you're too sick or injured to run them?

A few weeks ago I covered what happens to your trademarks and patents. Today is the part nobody in the legal world is talking about enough: the digital infrastructure of your business. Why short-term disability is actually harder to plan for than death. Why your power of attorney probably isn't solving the problem you think it is. And seven specific things you can do right now.

I walk through every major category: social media accounts, creator monetization platforms, domain names, email lists, online stores, and podcasts—what the platforms actually allow (and don't), and the legal framework that governs all of it.

Timestamps:
(00:00) The hospital scenario: not dead, just incapacitated for three weeks
(02:44) Why the legal system hasn't caught up (RUFADAA explained)
(06:03) The four problems: terms of service, access, continuity, authority
(11:22) SOCIAL MEDIA:
(11:31) YouTube,
(12:48) Instagram/Facebook,
(13:59) TikTok, LinkedIn, BlueSky, X, and Mastodon.
(15:19) CREATOR MONETIZATION:
(16:03) Patreon, Substack,
(17:31) Buy Me a Coffee and Ko-fi,
(18:12) OnlyFans,
(19:37) Medium,
(20:10) Twitch,
(22:22) Discord,
(24:05) WhatsApp and Telegram, Reddit, Snapchat, and Pinterest.
(25:59) DOMAIN NAMES AND WEBSITES: the expiration problem
(28:09) EMAIL LISTS: actually your most transferable asset
(29:22) ONLINE STORES: Shopify, Etsy, Amazon seller accounts
(32:17) PODCAST and revenue accounts
(24:30) Why disability is actually harder than death
(26:00) Seven things to do right now
(31:00) What's coming: the deeper resource
(32:00) Download the Digital Graveyard Prevention Kit

Want that Digital Graveyard Prevention Kit I mentioned? ⁠Click here.⁠

📰 Sign up for the Avoid the Legal Horrors newsletter: https://kingpatentlaw.com/newsletter/

Avoid the legal horrors and keep rocking your IP. 💀🎸

📅 Ready to protect your brand and business? Book a consultation: https://kingpatentlaw.com/appointments/consultation/
I help creators and small business owners with IP matters nationwide and with contracts in Illinois and Georgia.

@kingpatentlaw on social media (NOT X)

DISCLAIMER: This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney. This content contains attorney advertising material. Julie King | King Patent Law, PLLC | 301 N Neil St Ste 400, Champaign IL 61820. Phone number and email address available at kingpatentlaw.com.

Operating Agreements: The LLC Document That Saves Businesses and Friendships

Julie King — Tue, 19 May 2026 07:00:00 -0500

Your LLC has default rules. They were not written for your business.

In this episode, I break down everything you need to know about operating agreements: the internal document that governs how your LLC runs, protects your partnerships, and determines what happens when things go sideways.

Whether you're a solo LLC owner (yes, you need this too) or you have business partners, this episode covers what an operating agreement is, what it must include, 8 of the most costly mistakes I see, and the questions I'm asked most often on this topic.

📋 Download the free operating agreement checklist at kingpatentlaw.com: A 5-Question Check on Your LLC Operating Agreement: Potent Potion or Poisonous Brew?Timestamps:
(00:00) Introduction: The Case for Operating Agreements
(02:24) What Is an LLC Operating Agreement?
(05:05) Why Single-Member LLCs Need One Too
(07:34) What Your Operating Agreement Must Cover
(16:20) Common Mistakes and How to Avoid Them
(25:00) Practical Takeaways
(26:22) Frequently Asked Questions
(31:41) Wrap-Up

Avoid the legal horrors, and keep rocking your IP.💀🎸

🎙️ PODCAST: Avoid the Legal Horrors with Julie King: Patent, Trademark, and Business Strategy. Helping entrepreneurs, creators, and small business owners understand and use IP law as a business tool, without the jargon.

📅 Ready to protect your brand and business? Book a consultation at kingpatentlaw.com. I serve intellectual property clients nationwide and business and estate planning clients in Illinois.

📚 Full transcript and more resources at kingpatentlaw.com/blog

📱@kingpatentlaw on social media platforms (NOT X)

Disclaimer: This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney. Contains attorney advertisement material. Julie King | King Patent Law, PLLC | 301 N Neil St Ste 400, Champaign IL 61820. Phone and email available at kingpatentlaw.com

Your Trademark Doesn't Know You're Dead. Will it Die with You? Intellectual Property Succession Planning

Julie King — Wed, 13 May 2026 07:00:00 -0500

What happens to your trademarks, patents, and copyrights when you die, and why your heirs probably have no idea what they're actually inheriting?

In Part 1 of a two-part series on IP legacy, patent and business attorney Julie King breaks down the IP succession crisis: what makes intellectual property different from every other asset in your estate, the three ownership scenarios that determine what happens to your IP when you're gone, and six concrete steps to protect everything you've built.

Plus: the assignment document requirement most estate attorneys don't know about, and the Prince estate as a half-billion-dollar cautionary tale.

Part 2 (later this season) covers the digital estate: what happens to your social media accounts, domain names, and online presence when you're gone.

Next week: operating agreements — the document that can save your business and your closest relationships.

Covered in this episode:
- Why trademarks are "living assets" that can be cancelled and claimed by competitors if maintenance lapses
- The patent maintenance fee clock that doesn't stop for probate
- What happens to your copyrights and who controls your creative legacy
- Why trade secrets are the fastest to die in a succession crisis
- The three ownership scenarios: personally owned, business-owned, or licensed to your LLC
- The USPTO assignment document step that can leave heirs unable to enforce inherited IP rights
- Six action items to protect your IP legacy starting today

TIMESTAMPS (approximate — adjust after recording):
00:00 — The haunted house: what your heirs actually inherit
01:42 — About this series + next week's topic
02:59 — IP is property, but not like other property
04:42 — Trademarks: the hungry asset
07:06 — Patents: the ticking clock
09:23 — Copyrights: the long tail
10:56 — Trade secrets: the fastest killer
12:23 — Who actually owns your IP right now?
13:05 — Scenario 1: you own it personally (and the assignment document most estate attorneys miss)
15:43 — Scenario 2: your business owns it
18:09 — Scenario 3: you own it personally and license it to your LLC
20:19 — Real-world example: Prince and a half-billion-dollar estate with no plan
21:42 — You don't have to be Prince to need a plan - a realistic hypothetical
23:56 — Six action items to protect your IP legacy

🎙️ ABOUT THIS PODCAST: Spellbinding IP: Patent, Trademark, and Business Strategy. Helping entrepreneurs, creators, and small business owners understand and use IP law as a business tool, without the jargon.

📅 Ready to protect your brand and business? Book a consultation: https://kingpatentlaw.com/appointments/consultation/. I help creators and small business owners with IP matters nationwide and with contracts in Illinois and Georgia.

📰 Sign up for the Spellbinding IP newsletter at kingpatentlaw.com

@kingpatentlaw on social media (NOT X)

Avoid the legal horrors and keep rocking your IP. 💀🎸

DISCLAIMER: This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney. This video contains attorney advertising material. Julie King | King Patent Law, PLLC | 301 N Neil St Ste 400, Champaign IL 61820. Phone number and email address available at kingpatentlaw.com.

Brand Deals From Hell: The AI Clause Even Taylor Swift Is Fighting And What You Can Do About It

Julie King — Tue, 05 May 2026 07:00:00 -0500

Taylor Swift just filed to trademark her voice. Here's why that matters for every creator, and the 8 brand deal contract clauses you need to read before you sign anything.

In this episode, I walk through the eight contract clauses in brand deals that quietly strip creators of their rights, including the AI replica clause that Taylor Swift's legal team is working to address through trademark law. What each clause means, why it matters, and what you can do contractually right now.

Timestamps:
(00:00) Introduction: Taylor Swift just applied to register her voice as a trademark
(02:52) Why this matters for every creator, and what you can do about it
(03:44) Clause 1: "All rights," "in perpetuity," "worldwide license"
(05:20) Clause 2: Work-for-hire, and what the Supreme Court said
(08:51) Clause 3: Assignment vs. licensing
(10:21) Clause 4: Your name, voice, and likeness
(11:01) Clause 5: The AI replica clause
(14:40) Clause 6: Exclusivity and non-compete language
(16:07) Clause 7: FTC disclosure—who gets sued when it goes wrong
(17:49) Clause 8: Indemnification
(10:23) Practical takeaway and the free checklist

📎 Free download: Brand Deal Red Flags Checklist at kingpatentlaw.com

Avoid the legal horrors and keep rocking your IP.🎸🕷

📄 Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

📱@kingpatentlaw on social media platforms (NOT X)

🗓 Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠. I serve intellectual property clients nationwide and business and estate planning clients in Illinois.

The Cult of the Copycat: Protecting Your Brand’s Look and Feel with Trade Dress Trademarks

Julie King — Tue, 28 Apr 2026 07:00:00 -0500

If a competitor opens up down the street with the same color scheme, the same layout, the same vibe, and just a different name, is that legal? Maybe not.

Today Julie King of King Patent Law, PLLC, covers trade dress: the intellectual property protection that most small business owners have never heard of, which can protect everything that makes your business visually distinctive, above and beyond your name and logo.

In this episode:

What trade dress is and what it protects, from packaging to restaurant interiors to color combinations
The two legal requirements: distinctiveness and non-functionality
Four real cases, including a brand-new 2025 decision and two trips to the Supreme Court
How to register your trade dress (and when it’s worth it)
A six-step practical sequence to start protecting your visual identity now

I have a handy free downloadable Is It Trade Dress? checklist on my website – check it out!

Timestamps:
(00:00) Intro: The Look That Gets Copied
(03:07) What Is Trade Dress?
(04:54) Louboutin and the Red Sole: When a Color Becomes a Brand Identifier
(05:57) Miracle-Gro vs. Spruce: When Green and Yellow Belong to Everyone
(08:06) The Two Requirements: #1 - Distinctiveness
(09:19) Crystal Head Vodka vs Element Spirits Tequila – Battle of the Skull Bottles
(09:38) The Two Requirements: #2 – Nonfunctionality
(11:00) Gibson Guitars: The Flying V Is Ok, But Is The Les Paul Single Cutaway Shape Functionality A Problem?
(11:36) Two Pesos v. Taco Cabana: The Supreme Court Case That Defined It All
(13:00) Bad Spaniels: Dog Toy, Jack Daniel’s, and the Parody Problem – You Can Dilute a Whiskey Brand By Tarnishment Just Like You Can Dilute the Whiskey With Dirty Ice
(15:36) Registration: What It Takes and When It’s Worth It
(16:58) Six Steps to Protect Your Visual Identity
(20:03) Key Takeaways
(21:40) FAQ Time! #1 – Can I protect my website design as a trade dress trademark?
(22:11) FAQ #2 – What is the difference between trade dress trademarks and word or image trademarks?
(22:36) – FAQ #3 – How is trade dress trademark protection different from copyright?
(23:09) – FAQ #4 – Can someone use my trade dress in a parody?
(24:09) – FAQ #5 – Does trade dress trademark registration make sense for a small business?
(24:38) How to work with Julie and how this is not legal advice.

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Related episode: The Two-Headed Monster of Design IP: Combining Patents and Trademarks for Lifelong Protection: Spotify link; Apple Podcasts link; YouTube link; blog post w/ video link
📱 @kingpatentlaw on social media platforms (NOT X)

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠. We serve intellectual property clients nationwide and business and estate planning clients in Illinois.

What Coca-Cola Did to Johnny Cash and Why Every Creator Should Be Terrified of 3 Brand Deal Traps

Julie King — Tue, 21 Apr 2026 07:00:00 -0500

In November 2025, the Johnny Cash estate sued Coca-Cola for using a Cash tribute singer to make a commercial sound like it was voiced by the Man in Black himself, without asking permission or paying a dime. Sound familiar? It should. Tom Waits won $2.375 million from Frito-Lay for the same thing in 1992. Some brands apparently never learn.

But this isn't just a celebrity problem. If you're a creator, influencer, or small business owner working with brands or hiring marketing agencies, your contracts may already contain clauses that hand over your content, your voice, and your reputation without you realizing it.

In this episode, I'm breaking down three legal traps hiding in brand deals and marketing contracts:
🕷️ Trap 1: The copyright ownership clause that signs away your content forever: the difference between a license, an assignment, and work-for-hire (and why it matters enormously)
🕷️ Trap 2: The FTC disclosure rules that can get both brands and influencers hit with massive fines, including what #collab and #partner actually don't cover
🕷️ Trap 3: The right of publicity and trademark clauses that let brands use your name, voice, and likeness in ways you never agreed to, including what deepfake AI protections currently exist (and where the law is still dangerously incomplete)

I also cover the "sad beige lawsuit": the ongoing case between influencers Sydney Nicole Gifford and Alyssa Sheil over whether your entire aesthetic can be protected as a trade dress trademark.

TIMESTAMPS:
01:04) - Trap 1: Copyright ownership
(01:40) - Assignment vs licensing
(03:00) - Work-for-hire
(05:15) - The horror story of overreaching licenses and unintended assignments
(06:30) - Trap 2: FTC rules about transparency and disclosures for influencer marketing
(09:03) - Trap 3: Overreaching contracts that put your brand, name, likeness, and voice in peril
(09:12) - Trademark and right of publicity
(11:00) - "Sad Beige" lawsuit
(12:11 )- Tom Waits v Frito-Lay and the commercial kicker
(14:05) - Estate of Johnny Cash v. Coca-Cola, and the ELVIS Act
(16:16) - Deepfakes - AI and Digital Replicas
(17:43) - Key takeaway and wrap up
(19:09) - Free checklist - 8 Legal Red Flags Every Creator Should Look For

I'm Julie King, a patent and IP attorney with over 25 years of experience, and I help creators and small business owners protect what they've built.

🕷️ Free download: Brand Deal Red Flags Checklist: https://kingpatentlaw.com/product/brand-deal-red-flags-checklist-8-contract-clauses-every-creator-should-check-before-signing/

📅 Book a consultation: kingpatentlaw.com
🎙️ Podcast: Spellbinding IP on all major platforms
📱 Social: @kingpatentlaw

Avoid the legal horrors and keep rocking your IP. 💀🎸

DISCLAIMER: This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney. This video contains attorney advertising material. Julie King | King Patent Law, PLLC | 301 N Neil St Ste 400, Champaign IL 61820. Phone number and email address available at kingpatentlaw.com.

Is Your AI Tool Destroying Attorney-Client Privilege? What Every Lawyer Needs to Know

Julie King — Tue, 14 Apr 2026 07:00:00 -0500

There is a federal court decision from February 2026 that every attorney using AI tools needs to read, not because of what it held, but because of what it did NOT hold, and because most of the published commentary is getting the scope of the ruling wrong in ways that could lead you to precisely the wrong conclusions.

In this episode, Julie King of King Patent Law, PLLC, walks through the Heppner decision with the precision it deserves, then covers the issues that matter even more for day-to-day practice: attorney AI use and privilege, the AI meeting notetaker ethics trap that is affecting almost everyone, the escalating sanctions for AI hallucinations in court filings, and what the Supreme Court’s cert denial in Thaler means for IP attorneys advising clients.

This episode covers:

What Heppner actually held — and the three specific grounds the court relied on
What Heppner did NOT decide (and why too much published commentary is misreading the scope)
The attorney AI use and privilege question the court left open and the email analogy that helps navigate it
What ABA Formal Opinion 512 and state ethics opinions actually require
The AI meeting notetaker problem: Otter.ai, Zoom AI Companion, and the artifacts problem
The Illinois-specific wrinkle: two-party consent and BIPA
The escalating sanctions spectrum: from Mata to disqualification and full-book disclosure
What the Thaler cert denial means for IP attorneys advising clients

TIMESTAMPS
(00:00) The misread: how a lot of Heppner commentary is getting it wrong
(01:34) Why listen to me about this? My background
(02:24) Section 1: What Heppner actually held: the three grounds
(05:33) What Heppner did NOT decide: attorney use, enterprise tools, attorney-directed use/Kovel
(08:02) What to tell your clients about using AI
(08:17) Section 2: Attorney AI use and privilege: the email analogy and ABA Opinion 512
(14:47) Section 3: AI meeting notetakers: the trap nobody is talking about
(20:24) Section 4: Hallucinations, sanctions, and candor: the escalating spectrum
(24:23) Section 5: Thaler cert denial: what it means for IP attorneys advising about copyright and AI
(26:04) Wrap-up and practical checklist

Companion episode: Episode “What the Law Actually Says About AI and Your IP: Copyright, Trademarks, Patents, & Digital Replicas” at https://youtu.be/bazNjQHM92o covering AI and IP for business owners and creators: copyright, trademark, patents, training data, and digital replicas.

Links:

Chat with Claude about privilege transcript: https://kingpatentlaw.com/chat-with-claude-about-privilege/
ARDC ethics hotline: iardc.org
Hallucination database: https://www.damiencharlotin.com/hallucinations/

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠. We serve intellectual property clients nationwide and business and estate planning clients in Illinois.

Julie King | King Patent Law, PLLC | 301 N Neil St Ste 400, Champaign IL 61820. Phone and email available at kingpatentlaw.com

Contains attorney advertisement material.

AI and Your IP: What Every Small Business Owner Actually Needs to Know in 2026 about Copyright, Trademarks, Patents, and Artificial Intelligence

Julie King — Tue, 07 Apr 2026 07:00:00 -0500

There is a significant amount of misinformation circulating right now about what AI does and does not mean for your intellectual property. In this episode, Julie King of King Patent Law, PLLC, cuts through the noise with what the law actually says RIGHT NOW about copyright, trademarks, patents, training data, and the growing threat of AI-generated digital replicas.

This episode covers:

What the U.S. Copyright Office now says about AI-generated works (and the three scenarios that determine your copyright status)
Whether your AI prompt makes you the author of the output — the Copyright Office has a clear answer
The dangerous assumptions small business owners make about AI-generated logos and brand names
What USPTO guidance says about AI and patents — and why getting inventorship wrong can invalidate your patent entirely
What the training data fair use battle means for your business
Digital replicas, voice cloning, and why the Copyright Office is calling for urgent new federal law

TIMESTAMPS
(00:00) - Introduction — why there’s so much misinformation about AI and IP right now and why that’s a huge problem
(02:44) - Why listen to me about AI and IP?
(04:06) – What’s in this episode?
(05:12) - Section 1: Copyright and AI — the three scenarios and human authorship
(10:01) - Do your prompts make you the author? The Copyright Office’s answer
(12:00) - Copyright registration, AI disclosure requirements, and why documentation matters
(17:39) - Section 2: Trademark and AI — the logo generator problem and the trademark search AI can’t do
(22:30) - Section 3: Patents and AI — why AI cannot be your inventor and what that means for your business
(26:57) - Section 4: Training data and the fair use question
(30:51) - Section 5: Digital replicas, voice cloning, and the trademark strategy gaining attention in 2026
(38:16) - Key takeaways and wrap-up

The companion attorney-focused episode drops next Tuesday, covering the Heppner privilege decision, AI meeting notetakers, and ethics traps for solo and small firm practitioners.

Links:

2023 blog post, Can You Copyright or Trademark a Logo Designed by AI?:https://kingpatentlaw.com/can-you-copyright-or-trademark-a-logo-designed-by-ai/
Copyright Office AI reports: copyright.gov/ai/
USPTO AI guidance: https://www.uspto.gov/subscription-center/2025/revised-inventorship-guidance-ai-assisted-inventions

Updated April 2026 blog post: AI and Your IP: What Every Small Business Owner Actually Needs to Know in 2026 https://kingpatentlaw.com/ai-and-your-ip-what-every-small-business-owner-actually-needs-to-know-in-2026/

Book a consultation: kingpatentlaw.com⁠. We serve intellectual property clients nationwide and business and estate planning clients in Illinois.

Avoid the legal horrors, and keep rocking your IP.

This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney. This episode contains attorney advertising material. Julie King | King Patent Law, PLLC | 301 N Neil St Ste 400, Champaign IL 61820. Phone and email available at kingpatentlaw.com

IP Strategy for Creatives: Protect Your Art, Your Brand, and Your Business

Julie King — Tue, 31 Mar 2026 07:00:00 -0500

The designer who spent weeks on a logo, got paid, and then discovered she owned nothing. That is what a work-made-for-hire clause can do, and it happens every single day to designers, photographers, musicians, illustrators, and writers.

In this episode, attorney Julie King of King Patent Law breaks down IP strategy for creatives: the four types of intellectual property protection, the copyright registration question that determines whether you can actually fight back when someone steals your work, the contract language that silently strips creatives of their rights, and a specific breakdown for influencers and content creators on brand deal IP traps.

In this episode:

The four IP tools: copyright, trademark, patents, and trade secrets
Why copyright is automatic but registration is essential
AI and copyright: what the Copyright Office actually says
Trademark for creatives: protecting your brand, not just your work
Design patents and utility patents for product-based creatives
Work-made-for-hire: the statutory categories every freelancer must know
License vs. assignment: the difference that should change how you price your work
Influencers and content creators: brand deal UGC traps, platform terms, and music licensing
Six steps to protecting your creative work starting today

Timestamps:

(00:00) Intro: a common work-for-hire horror story
(02:48) The four IP tools for creatives
(03:03) Copyright: registration, DMCA, and what AI changes
(07:45) Trademark for creatives
(09:54) Patents: design and utility
(11:22) Trade secrets
(11:53) Work-made-for-hire deep dive
(14:06) License vs. assignment
(15:08) A note for influencers and content creators
(18:14) Six-step protection checklist
(21:03) Key takeaways
(22:38) FAQs - Can I copyright my art style? I created a logo for a client on a handshake deal. Who owns it? Can I use AI to create my logo and trademark it?
(24:31) Disclaimer and booking information

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠. We serve intellectual property clients nationwide and business and estate planning clients in Illinois.

Julie King | King Patent Law, PLLC | 301 N Neil St Ste 400, Champaign IL 61820

Contains attorney advertisement material.

Zombie Businesses: Avoiding the IP and Succession Nightmare

Julie King — Tue, 17 Mar 2026 07:00:00 -0500

What happens to your business when you die? If you're a sole proprietor, or if you don’t address succession planning properly for your partnership, LLC, or corporation, the answer is: zombie chaos.

In this episode of Spellbinding IP: Patent, Trademark, and Business Strategy, attorney Julie King of King Patent Law walks through the legal reality of what happens to a business, and its intellectual property assets, when an owner dies without a succession plan.

Using a real client case (fully anonymized) where a family business devolved into active litigation among family members, Julie shows she’s not being dramatic about the horrors that can ensue when you get it wrong. Then she explains exactly how to prevent the same fate for your business and your family.

In this episode

What a 'zombie business' is and why they're more common than you'd think
How entity choice (sole proprietorship vs. LLC vs. corporation) determines what survives you
Illinois-specific rules under the Illinois Limited Liability Company Act
Why your registered trademarks and patents are especially vulnerable in succession chaos
What a buy-sell agreement is, and why small businesses need one more than big ones
A 7-step checklist to zombie-proof your business today
When to DIY and when to hire an attorney

TIMESTAMPS:

(0:00) – Intro and hook: a real family's business nightmare
(2:27) – What is a zombie business?
(3:10) – Entity types and what they mean for succession
(3:32) – The problems with sole proprietorships
(4:31) – The perils of partnerships
(5:03) – LLCs – Limited Liability Companies
(5:43) – Corporations
(5:57) – The Illinois LLC Act: what heirs do and don't get automatically
(6:54) – Real-life zombie business nightmare and how it could have been avoided
(8:41) – Your IP assets in succession planning: trademarks, patents, copyrights, trade secrets; the chaos that can ensue if it’s not included
(10:21) – The operating agreement / bylaws as your survival document
(11:18) – Buy-sell agreements
(11:51) – Myth-busting for small businesses: why those buy-sell agreements aren’t just for large businesses
(12:48) – Step-by-step: how to zombie-proof your business
(16:37) – When to DIY vs. hire an attorney
(17:50) – What to do if you can't afford to form an LLC right now
(19:29) – Key takeaways and wrap-up

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠. We serve intellectual property clients nationwide and business and estate planning clients in Illinois.

Julie King | King Patent Law, PLLC | 301 N Neil St Ste 400, Champaign IL 61820

Contains attorney advertisement material.

Is Your Business Legally Cursed? The 7-Point Checkup Every Small Business Owner Needs

Julie King — Tue, 10 Mar 2026 07:00:00 -0500

Most business problems don't announce themselves with flashing warning lights. They lurk in outdated contracts, expired licenses, and forgotten compliance deadlines. By the time you notice them, they've already cost you money.

In this video I walk through a 7-point legal health check every small business owner should do at least once a year, and I show you how to do a 15-minute version if that's all the time you have right now.

In this video:

How to verify your business entity is still in good standing (and what happens if it isn't)
Why your registered agent information might be costing you lawsuits right now
The operating agreement problem that turns business partners into courtroom enemies
The contractor IP trap: if there's no written agreement, they might own what they created for you
Licenses and permits: the boring stuff that can shut your business down overnight
The 15-minute quick check if you only have time for the essentials
When to DIY vs. when to call a lawyer

TIMESTAMPS:

1:35 - Point 1: Verify your business entity is in good standing
2:54 - Point 2: Confirm your registered agent info is current
4:10 - Point 3: Review your operating agreement or bylaws
5:25 - Point 4: Audit your contracts (auto-renewals, expired agreements)
6:58 - Point 5: Employee and contractor documentation
8:29 - Point 6: Licenses and permits
9:37 - Point 7: Insurance review
11:01 - The 15-minute quick check
12:04 - When to DIY vs. hire a lawyer

Get the 7-Point Business Checkup Checklist at ⁠kingpatentlaw.com

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

Tales from the Crypt(ic Requirements): Trademark Specimens and Intent-to-Use Trademark Applications Decoded

Julie King — Tue, 24 Feb 2026 07:00:00 -0600

Want to file a trademark before you launch your business? Intent-to-Use (ITU) applications let you secure your brand name before going public, but they're significantly more complex than standard trademark filings.

In this episode, I break down ITU applications and the highly technical specimen requirements that trip up even experienced filers. Learn what trademark specimens actually are, what the USPTO accepts (and rejects), why website screenshots often fail, and the absolute deadlines you cannot miss.

Specimen rejections are one of the most common reasons for Office Actions. Understanding the requirements helps you appreciate why professional guidance is essential—and how to avoid the costly mistakes that happen regularly with DIY filing.

Key topics covered:

What Intent-to-Use trademark applications are and when they make sense
The ITU process: filing, examination, Notice of Allowance, extensions, and registration
The 6-month deadline after Notice of Allowance (and what happens if you miss it)
What trademark specimens are and why they're more complex than they appear
Specimens for goods vs. services: different requirements
Common specimen mistakes that lead to USPTO rejections
Why website screenshots often fail (and what works instead)
The ornamental use problem for apparel brands
Why comprehensive trademark searching is critical
Why this isn't DIY territory: the disasters that happen without professional help
Risk mitigation and the real cost of trademark mistakes

TIMESTAMPS:

0:00 - Introduction: The cryptic requirements of trademark specimens
1:57 - You can file before you launch: Intent-to-Use applications explained
3:11 - When an ITU trademark application makes sense
4:48 - The ITU application process walkthrough
8:44 - The 6-month deadline to show use
9:52 - Extension strategy: up to 36 months total
11:41 - What is a trademark specimen?
12:00 - Specimens for goods: tags, labels, packaging, and real-world use
14:14 - Specimens for services: the description requirement
15:08 - Myth-buster: Website screenshots aren't always acceptable
16:02 - Common specimen mistakes that lead to rejections
19:13 - Why professional guidance is essential
24:12 - FAQ: Can I DIY and hire an attorney later?
24:59 - What your trademark attorney actually does
26:38 - The real cost comparison: Risk mitigation vs. DIY disasters
29:47 - Key takeaway: Professional guidance protects your brand

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

28 Months Later: PCT vs Paris Convention (International Patent Filing Explained)

Julie King — Mon, 16 Feb 2026 07:00:00 -0600

Planning to sell your invention internationally? You need a global patent strategy, because international filing is complex and expensive.

In this episode, patent attorney Julie King breaks down your options for protecting inventions abroad: the Patent Cooperation Treaty (PCT), Paris Convention direct filing, and regional systems like the European Patent Office.

Learn when each strategy makes sense, the critical deadlines that can destroy your international rights, realistic cost expectations ($40k-$60k+ for 5 countries), and strategic questions to ask before committing to foreign filings.

Key topics covered:

Why there's no such thing as a "global patent"
How the PCT buys you time (30 months vs. 12)
When to use direct foreign filing instead
Cost breakdowns by filing route and country
Common mistakes that kill international patent strategies
Strategic questions: where should you file?

TIMESTAMPS:

0:00 - Introduction
1:30 - No "global patent" exists
2:44 - Three main filing options
3:17 - Patent Cooperation Treaty (PCT) explained
7:00 - Paris Convention direct filing
7:52 - PCT vs. Paris Convention
9:04 - Regional Patent Systems
10:06 - Critical deadlines
12:41 - Cost breakdown
15:55 - Strategic questions
17:43 - Common mistakes
19:55 - Conclusion

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

The Jump Scare of Patent Costs: A Realistic Look and Time and Money

Julie King — Fri, 30 Jan 2026 07:00:00 -0600

What does it actually cost to get a patent? Not the advertised number from patent mills. The real, complete cost.

Patent attorney Julie King breaks down typical expenses you'll encounter in the patent process, from initial searches to maintenance fees, and why that $25,000+ budget for a US patent isn't a scare tactic; it's reality.

You'll learn:

How long it takes at a minimum to get a patent (probably much longer than you think)
What a professional patentability search actually costs
What properly drafted applications cost
What Office Actions are, why you'll probably get at least one, and why they cost money to handle properly
Other costs to consider, like freedom-to-operate searches, international filing, and maintenance fees you'll pay after your patent is granted
When the investment is absolutely worth it

This is the reality check every inventor needs before spending a single dollar on patent protection.

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

DIY Patent Applications: A Recipe for Disaster

Julie King — Thu, 29 Jan 2026 07:00:00 -0600

Can you legally file your own patent application? Yes. Should you? Patent attorney Julie King explains why DIY patent applications are almost always a terrible idea, and the rare circumstances when they might be acceptable.

You'll learn:

Why patent law is uniquely technical and complex
What patent attorneys bring to the table (technical degrees + legal training + special bar exam)
How one wrong word in your claims can make your patent worthless
The real cost of trying to save money with DIY filing
When DIY might be acceptable (hint: only if you don't care about actually getting strong protection)

See Monday's episode this week to learn why "quickly granted" DIY applications are often terrible.

This episode could save you from a very expensive mistake.

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

If you're serious about protecting your invention, book a consultation at kingpatentlaw.com⁠to discuss your options.

It's Alive! (But Only If You File the Non-Provisional Patent Application)

Julie King — Wed, 28 Jan 2026 07:00:00 -0600

This might be the most important misconception to clear up in all of patent law: there is no such thing as a "provisional patent."

Patent attorney Julie King explains the critical difference between provisional applications, non-provisional applications, and actual issued patents, and why getting this wrong can cost you everything.

You'll learn:

Why a provisional application is NOT a patent
The 12-month deadline that can make or break your patent rights
Why you have ZERO enforceable rights until a patent is actually granted

Plus: The Frankenstein analogy that makes this all make sense.

This episode could save you from making a mistake that costs you all your potential patent rights.

Visit kingpatentlaw.com to learn more about provisional and non-provisional patent applications.

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

What Dr. Frankenstein Knew: The Power of Detailed Invention Documentation for Patent Protection

Julie King — Tue, 27 Jan 2026 12:00:00 -0600

The most underrated, and most critical, step in the patent process is something you can start doing today, for free: detailed documentation of your invention.

In this episode, patent attorney Julie King explains exactly what you need to document, how to do it properly, and why this seemingly simple step can be the difference between winning and losing a patent dispute.

You'll learn:

The things you must document about your invention
Why documenting failures is just as important as documenting successes
Why documenting is important in the first place

Plus: Why Dr. Frankenstein's lab notes are actually a pretty good model for what you should be doing.

This is something you can, and should, start doing immediately, even before talking to a patent attorney.

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

Nightmare on Patent Street: When You Seek the Wrong Type of Protection

Julie King — Tue, 27 Jan 2026 06:00:00 -0600

Not everything needs a patent, and seeking the wrong type of intellectual property protection can waste thousands of dollars and months of your time.

In this quick episode, patent attorney Julie King explains the critical differences between patents, trademarks, copyrights, and trade secrets, and how to know which one (or which combination) your business actually needs.

You'll learn:

Why your company logo can't be patented (and what it needs instead)
When trade secret protection is smarter than a patent (like Coca-Cola's formula)
The difference between patents, trademarks, copyright, and trade secrets
Why some inventions need MULTIPLE types of IP protection

This is essential knowledge before you spend a dime on any type of IP protection.

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

Don't Let Your New Year's Patent Dreams Become a Nightmare: Seven Steps to Patent Filing Success

Julie King — Mon, 26 Jan 2026 06:00:00 -0600

New year, new patent goals? Before you spend thousands on the wrong type of protection, listen to this.

Chapters:

0:13 Getting a Patent Can Be Complicated
0:33 Step 1: First Things First. Do You Actually Need a Patent?
1:32 Step 2: Document Everything
2:52 Step 3: Do Some Preliminary Research
4:28 Step 4: Think About Your IP Strategy Holistically
6:00 Step 5: Understand Your Patent Options
7:14 Utility patent applications are where things get interesting
7:29 Provisional patent application
9:16 Non-provisional patent application
10:23 Step 6: Know What You're Up Against (The Reality Check)
12:38 Step 7: Hire a Patent Attorney (Yes, Really)
14:27 Ready to Take Action?

New year, new patent goals? Before you spend thousands on the wrong type of protection, listen to this.

Patent attorney Julie King breaks down the seven essential steps every inventor needs to take before filing a patent application, from figuring out if you actually need a patent (versus a trademark or trade secret) to understanding the brutal truth about costs and timelines.

You'll learn:

How to tell if a patent is the right protection for your invention
Why documentation can make or break your application (think Dr. Frankenstein's lab notes)
The critical difference between provisional and non-provisional applications
What a professional patent search actually costs ($1,000-$3,000+)
Why a $25,000+ budget for a US patent isn't a scare tactic
The guitar pickup patent that changed rock and roll forever

This episode is for inventors, entrepreneurs, and small business owners who need straight talk about patent law without the legal jargon. Whether you're inventing a new guitar pedal or developing the next big tech product, these steps will save you time, money, and heartbreak.

Julie King is a patent attorney with a master's degree in computer science and over 25 years of legal experience. She also happens to love horror movies and rock music, hence the creative analogies.

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

Fortress or Castle? LLC vs. Corporation (Which Do You Need?)

Julie King — Fri, 23 Jan 2026 07:00:00 -0600

In this episode, I go over:

the pros and cons of having an LLC
the pros and cons of having a corporation
when to chose a C-corporation
when to elect S-corporation taxation for your LLC or corporation

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

Losing Liability Protection: What "Piercing the Corporate Veil" Really Means

Julie King — Thu, 22 Jan 2026 07:00:00 -0600

What does "piercing the corporate veil" mean, and why should you care?

Your LLC or corporation creates a legal shield between you and your business. Business gets sued? Only business assets are at risk.

But courts will "pierce the veil" and hold you personally liable for business debts if you do the things I list in this episode.

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

The Corporate Castle: S-Corp vs. C-Corp Explained (Key Differences)

Julie King — Wed, 21 Jan 2026 07:00:00 -0600

S-Corps and C-Corps offer maximum liability protection, but they come with formalities, costs, and tax implications most small businesses don't need.

In this episode, I go over:

what C-corporations and S-corporations are,
when they're a good idea and why, and
why starting as an LLC is the right choice for most small businesses.

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

The LLC Fortress: Why Most Businesses Choose It (And When the Walls Fail)

Julie King — Tue, 20 Jan 2026 06:00:00 -0600

The LLC is the most popular business structure in America for good reason. But the fortress walls only protect you if you maintain them properly.

🏰 WHY MOST BUSINESSES CHOOSE LLCs:

Liability protection - Personal assets shielded from business liabilities
Flexible management structure
Pass-through taxation (no entity-level tax)
Tax flexibility (can elect S-Corp treatment later)
Less formality than corporations
Credibility with customers and vendors

⚠️ WHEN THE FORTRESS FAILS: "Piercing the Corporate Veil"

Courts will strip away your LLC protection if you:

❌ Mix personal and business finances
❌ Pay personal expenses from the business account
❌ Fail to maintain separate bank accounts
❌ Don't file annual reports
❌ Undercapitalize the business
❌ Don't maintain proper records

The fortress walls only work if you maintain them.

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

The Entityville Horror: Choosing Your Business Structure (LLC, Corporation, or Partnership)

Julie King — Mon, 19 Jan 2026 06:00:00 -0600

Welcome to Entityville, where every business must choose a dwelling. Your choice determines whether you sleep soundly or lie awake worrying about personal liability and tax burdens.

In this episode, I walk you through the four main business structures:

The Exposed Cottage (Sole Proprietorship) - Zero protection, maximum personal risk
The Shared Mansion (Partnership) - Dangerous without proper agreements
The Fortress (LLC) - Liability protection with flexibility
The Corporate Castle (S-Corp vs. C-Corp) - Maximum security with formalities

I cover:

When each structure makes sense (and when it's a terrible choice)
How to avoid "piercing the corporate veil" and losing your LLC protection
S-Corp vs. C-Corp tax treatment and the self-employment tax savings strategy
Illinois-specific requirements for professional entities and Series LLCs
The decision framework based on your liability risk, tax situation, and growth plans

For most small businesses, the answer is clear: Form an LLC. But the details matter.

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

Avoid the legal horrors, and keep rocking your IP.

Patent vs Trade Secret. Which One Will Spare You from Innovation Horror?

Julie King — Fri, 16 Jan 2026 06:00:00 -0600

If you have an innovation, you face a choice: patent it or keep it as a trade secret.

I walk through some advantages and disadvantages of protecting innovation through patents and as trade secrets.

Then I tell you the strategic question to ask yourself and how your answer will help determine which is the most appropriate protection.

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

Trade Secret Self-Check: Is Your Secret Formula Actually Secret?

Julie King — Thu, 15 Jan 2026 06:00:00 -0600

If your business has confidential information, or trade secrets, this beginning-of-year trade secret self-check could save you from losing valuable rights. I'm Julie King with King Patent Law, and today I'm walking you through how to audit your trade secrets.

I walk through three critical questions you need to ask about your business secrets.

I go over how to answer these questions and what to do about your answers.

These questions will help you identify gaps in your trade secret protection.

For the complete IP audit checklist, watch the full video from earlier this week and download the free checklist at kingpatentlaw.com (or you can use the QR code in this video).

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

Patent Self-Check: Make Sure Your Innovations Are Protected from IP Grave Robbers

Julie King — Wed, 14 Jan 2026 06:00:00 -0600

If you have patents or patent applications, this beginning-of-year self-check could save you from losing valuable rights. I'm Julie King with King Patent Law, and today I'm walking you through how to audit your patents.

I walk through three critical questions you need to ask about your patents, patent applications, and innovations.

I go over how to answer these questions and what to do about your answers.

These questions will help you identify gaps in your patent protection.

Avoid the legal horrors, and keep rocking your IP.

For the complete IP audit checklist, watch the full video from earlier this week and download the free checklist at kingpatentlaw.com (or you can use the QR code in this video).

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

Beginning-of-Year Trademark Audit: Is Your Brand Identity Possessed by Someone Else?

Julie King — Tue, 13 Jan 2026 05:00:00 -0600

Your brand might not be as protected as you think. I'm Julie King with King Patent Law, and today I'm showing you how to audit your trademark protection in 2026.

Let's walk through five critical questions you need to ask about your trademarks.

Question one: What are you using versus what's registered?

Question two: Have you expanded into new categories?

Question three: Are you using the ® symbol correctly?

Question four: Do you own your domains and social handles?

Question five: Are there trademark squatters or infringers?

I go over how to answer these questions and what to do about your answers.

These five questions will help you identify gaps in your trademark protection.

For the complete IP audit checklist, watch the full video from earlier this week and download the free checklist at kingpatentlaw.com (or you can use the QR code in this video).

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

Intellectual Property Checkup: The Annual Exorcism of Business Horror Part 2

Julie King — Mon, 12 Jan 2026 05:00:00 -0600

The Annual Exorcism of Business Horror Part 2: Your IP Legal Checkup | What Intellectual Property Is Haunting Your Business?

⏱️ CHAPTERS:

0:00 Introduction: Why an IP Audit Matters

1:39 IP Refresher (What do Patents, Trademarks, Copyrights, and Trade Secrets Protect?)

2:15 Trademark Audit (Brand Names, Logos, Domains, Product/Packaging Design)

10:53 Copyright Audit (Creative Works, Ownership)

16:37 Patent and Trade Secret Audit (Protecting Your Innovations and Confidential Information)

25:00 Conclusion and Resources (Free Checklist)

Last week, I talked about your business foundation: entity status, contracts, licenses, etc. Those are the operational backbone that keeps your business legally sound.

This week, I’m talking about something potentially even more valuable that EVERY business has: your intellectual property.

ALL businesses have intellectual property, and for many businesses, intellectual property IS the business. Your brand name, your logo, your proprietary processes, your creative content; they're often the most valuable assets you own.

Despite all that truth, most business owners have no idea (1) that they have IP, (2) what IP they actually have, (3) whether their IP is protected, or (4) when critical deadlines are coming up.

That changes today.

By the end of this video, you'll know exactly how to audit your intellectual property, identify gaps in your protection, and prioritize what needs attention this year.

Download the free IP Checkup Checklist at kingpatentlaw.com (or use the QR code in the video) so you have a step-by-step guide for auditing your intellectual property.

If you discover gaps or problems during your audit that you're not sure how to address, or you don’t have time to do it yourself, schedule a consultation at kingpatentlaw.com or call 217-714-8558. We'll review your IP portfolio and create a protection strategy that fits your budget and priorities

Avoid the legal horrors, and keep rocking your IP.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

3 Contract Red Flags to Check Right Now that Can Keep You In Contract Purgatory

Julie King — Fri, 09 Jan 2026 06:00:00 -0600

Three contract red flags every business owner should check right now.

Red flag #1: You're operating under an expired contract. A one-year contract ended, but both parties kept performing. You've created legal ambiguity that could blow up in a dispute.

Red flag #2: You have an auto-renewal contract and missedthe cancellation deadline. Many contracts renew automatically unless you give 30, 60, or 90 days’ notice. If you want out, you need to know those deadlines NOW.

Red flag #3: You're paying for services you're not using. Just because you signed it doesn't mean you have to keep it. January is the time to renegotiate or terminate contracts that aren't serving you.

Pull out your contracts this month. Check the dates. Calendar the deadlines.

WANT A FULL 7-POINT BUSINESS CHECKUP CHECKLIST?

Get the complete Beginning-of-Year Business Checkup Checklist at https://kingpatentlaw.com/business-checkup-checklist/

(see QR code in video)

What "Good Standing" Really Means, Why It's Important, and How Monstrously Easy It Isto Check It

Julie King — Thu, 08 Jan 2026 12:00:00 -0600

What does "good standing" actually mean for your business?

If you formed an LLC or corporation, your state requires youto file annual reports and pay fees to stay active. If you don't, your business falls out of "good standing."

Why does this matter? Operating while not in good standingcan void your liability protection, prevent you from filing lawsuits, and create problems when you try to get a loan or sell the business.

Check your status right now at your Secretary of State'swebsite. Takes two minutes.

WANT A FULL 7-POINT BUSINESS CHECKUP CHECKLIST?

Get the complete Beginning-of-Year Business Checkup Checklist at https://kingpatentlaw.com/business-checkup-checklist/

(see QR code in video)

This Registered Agent Mistake Could Cost a Business a Horrifying Amount of Money

Julie King — Thu, 08 Jan 2026 06:00:00 -0600

This registered agent mistake could cost your business $10K+

Registered agent moves and doesn’t update address. Business misses a lawsuit notice.

Default judgment: $10,000.

Check your registered agent info NOW.

WANT A FULL 7-POINT BUSINESS CHECKUP CHECKLIST?

Get the complete Beginning-of-Year Business Checkup Checklist at https://kingpatentlaw.com/business-checkup-checklist/

15-Minute Business Health Check (to avoid being a zombie business)

Julie King — Wed, 07 Jan 2026 06:00:00 -0600

You're busy. You don't have time for a full business audit this month. I get it.

Here's a 15-minute business health check you can do right now that will prevent many of the easily preventable legal disasters I see in small businesses.

⏱️ THE 3 STEPS (5 minutes each):

1. Check your state business entity status online

2. Calendar all renewal deadlines for the year

3. Verify your registered agent contact info

Fifteen minutes. Three tasks. Prevents disaster.

📋 WANT THE FULL CHECKUP?

Get the complete Beginning-of-Year Business Checkup Checklist at https://kingpatentlaw.com/business-checkup-checklist/

Ready to protect your brand and business? Book aconsultation at kingpatentlaw.com.

Avoid the legal horrors, and keep rocking your IP.

---

3 Corporate Housekeeping Tasks You Can't Ignore

Julie King — Tue, 06 Jan 2026 06:00:00 -0600

Your business entity might be in trouble, and you don't even know it. Here are 3 critical corporate housekeeping tasks you need to check right now.

THE 3 TASKS:

1. Verify your business is in good standing with the state

2. Confirm your registered agent information is current

3. Review your operating agreement or bylaws

These three tasks take less than an hour total, but theyprevent catastrophic problems down the road.

📋 DOWNLOAD THE FREE CHECKLIST:Get the complete Beginning-of-Year Business Checkup Checklist at https://kingpatentlaw.com/business-checkup-checklist/

Ready to protect your brand and business? Book aconsultation at kingpatentlaw.com.

Avoid the legal horrors, and keep rocking your IP.

---

The Annual Exorcism: Your Beginning-of-Year Business Checkup

Julie King — Mon, 05 Jan 2026 06:00:00 -0600

It's January, and your business needs a checkup. I'm breaking down the 7 critical things every business owner should review this month to prevent legal disasters before they start.🗂️ TIMESTAMPS:0:00 - Introduction: Why January?1:32 - Corporate Housekeeping (Points 1-3)5:30 - Contracts and Agreements (Points 4-5)8:39 - Compliance and Licensing (Points 6-7)11:10 - The 15-Minute Quick Check12:13 - When to Call a Lawyer12:56 - Conclusion and Resources📋 DOWNLOAD THE FREE CHECKLIST:Get the complete Beginning-of-Year Business Checkup Checklist at https://kingpatentlaw.com/business-checkup-checklist/✅ THE 7 POINTS COVERED:1. Verify your business entity is in good standing2. Confirm your registered agent information is current3. Review and update your operating agreement or bylaws4. Audit your active contracts5. Review employee and contractor documentation6. Verify business licenses and permits are current7. Review your business insurance coverageReady to protect your brand and business? Book a consultation at kingpatentlaw.com.Avoid the legal horrors, and keep rocking your IP.---ABOUT KING PATENT LAW:I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property and business structure. I'm an attorney in Champaign-Urbana, Illinois, serving clients nationwide.🎙️ PODCAST: "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms📱 SOCIAL: @kingpatentlaw🌐 WEBSITE: kingpatentlaw.com---Disclaimer: This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney.

Doubling Product Design Protection Via Design Patents and Trade Dress Trademarks

Julie King — Fri, 02 Jan 2026 06:00:00 -0600

In this episode, patent and trademark lawyer Julie King covers how to use BOTH design patent protection and trade dress trademark protection to protect your product design initially and indefinitely.

Learn which to use first and why that is.

Full transcript and more resources at ⁠⁠kingpatentlaw.com/blog⁠

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com⁠.

Avoid the legal horrors, and keep rocking your IP.

Trade Dress Trademarks Vs Design Patents, And How Functionality Can Ruin Both

Julie King — Tue, 30 Dec 2025 06:00:00 -0600

In this episode, patent and trademark lawyer Julie King covers the differences between design patents and trade dress trademarks, and how the design being functional and not just ornamental can be a HUGE problem for getting either kind of protection.

Full transcript and more resources at kingpatentlaw.com/blog

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com.

Avoid the legal horrors, and keep rocking your IP.

________________________________________

The Secret to Immortal Design Protection (How Trade Dress Outlasts Patents)

Julie King — Mon, 29 Dec 2025 12:15:38 -0600

In this episode (#150!), patent and trademark lawyer Julie King covers how trade dress trademarks can protect your product design indefinitely.

Learn the two strict hurdles to getting this protection: non-functionality and "secondary meaning."

Full transcript and more resources at kingpatentlaw.com/blog

Ready to protect your brand and business? Book a consultation at kingpatentlaw.com.

Avoid the legal horrors, and keep rocking your IP.

________________________________________

Why a Design Patent Is Your First Line of Defense for How Your Product LOOKS

Julie King — Tue, 23 Dec 2025 06:00:00 -0600

In this episode, Julie King covers how a design patent is the first intellectual property tool to use to protect and defend how your product LOOKS.

Full transcript at ⁠⁠kingpatentlaw.com/blog⁠

Don't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at kingpatentlaw.com⁠.

Avoid the legal horrors, and keep rocking your IP.

This information is for educational purposes only, isn’t legal advice, and doesn’t form an attorney-client relationship. Please seek the counsel of a licensed attorney, perhaps me, for your specific legal needs.

The Two-Headed Monster of Design IP: Combining Patents and Trademarks for Lifelong Protection

Julie King — Mon, 22 Dec 2025 06:00:00 -0600

Welcome to Spellbinding IP! This week, we tackle the Two-Headed Monster of Design IP: the combined power of Design Patents and Trade Dress. Julie King explains why you need both tools to protect your product's look. Learn which one gives you immediate enforcement power (the patent) and which one protects your design indefinitely (the trade dress), and why functionality is the major legal hurdle for both.

In this Episode:Design Patents - the 15-year head start (1:06)What Design Patents Have That Trade Dress Doesn’t (1:41)Trade Dress Trademarks - the nearly immortal protection (2:51)What Trade Dress Has That Design Patents Don’t (3:29)Trade Dress Biggest Obstacles: Functionality and Time (3:57)The Two-Stage Defense: Building a Ferocious Beast (5:08)Full transcript at ⁠⁠kingpatentlaw.com/blog⁠

Don't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at kingpatentlaw.com⁠.

Avoid the legal horrors, and keep rocking your IP.

Keep Your Business Secrets Secret! Or Else!

Julie King — Fri, 19 Dec 2025 06:00:00 -0600

In this episode, Julie King covers how to keep your business's value safe by keeping its secrets safe. Your secret recipe, customer mailing list, marketing plan, and anything else that gives you a competitive edge because no one else knows it, all need to be locked down!

Full transcript at ⁠⁠kingpatentlaw.com/blog⁠

Don't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at kingpatentlaw.com⁠.

Avoid the legal horrors, and keep rocking your IP.

Stop Telling Everyone! The #1 Mistake That Kills Your Patent Rights

Julie King — Thu, 18 Dec 2025 06:00:00 -0600

In this episode, Julie King covers why it's crucial for you to keep your invention hush-hush until you know whether making it public will destroy some of your potential patent rights.Full transcript at ⁠⁠kingpatentlaw.com/blog⁠

Don't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at kingpatentlaw.com⁠.

Avoid the legal horrors, and keep rocking your IP.

Did You REALLY Clear Your Business Name? Avoiding the Horror of Trademark Infringement.

Julie King — Wed, 17 Dec 2025 06:00:00 -0600

In this episode, Julie King covers how a business's first trademark mistake can be catastrophic. THOROUGH business name and brand name clearance is a must to avoid infringement.

Full transcript at ⁠⁠kingpatentlaw.com/blog⁠

Don't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at kingpatentlaw.com⁠.

Avoid the legal horrors, and keep rocking your IP.

Why Automatic Copyright Is Not Enough (The Registration Mistake)

Julie King — Tue, 16 Dec 2025 06:00:00 -0600

In this episode, Julie King covers why your business can't rely on automatic copyright rights to maximize the copyright rights and their value.

Full transcript at ⁠⁠kingpatentlaw.com/blog⁠

Don't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at kingpatentlaw.com⁠.

Avoid the legal horrors, and keep rocking your IP.

How the 4 Intellectual Property Types Can Increase or Ruin Your Business' Value

Julie King — Mon, 15 Dec 2025 06:00:00 -0600

In this episode, we talk about how to ensure your company's IP assets survive and thrive. Julie King covers the four vital IP types that can add capital to your business as valuable assets or leave money on the table or, worse, destroy the value of the business if mismanaged or ignored. We discuss protecting your expressions (Copyright), your source (Trademark), your invention (Patent), and your confidential knowledge (Trade Secret).

Full transcript at ⁠⁠kingpatentlaw.com/blog⁠

Don't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at kingpatentlaw.com⁠.

Avoid the legal horrors, and keep rocking your IP!

Patent Sin #6: Amateurism. Why DIY patent filing can be an inventor's most expensive mistake.

Julie King — Fri, 12 Dec 2025 06:00:00 -0600

Why can DIY patent filing be an inventor's most expensive mistake?

Weak or vague claims from self-filing are easily invalidated or worked around. Invest in legal expertise for a robust asset.

Full transcript at ⁠⁠kingpatentlaw.com/blog⁠

Don't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at kingpatentlaw.com⁠.

Avoid the legal horrors, and keep rocking your IP.

Patent Sin #5: Impersonation. Can AI be an inventor?

Julie King — Thu, 11 Dec 2025 18:00:00 -0600

Can AI be an inventor? 🤖 NO! The USPTO rule is clear: only natural persons can be inventors. Naming an AI as an inventor is bad, and taking credit for the parts the AI came up with is the sin of Impersonation and can invalidate your patent. Document the human conception!

Full transcript at ⁠⁠kingpatentlaw.com/blog⁠

Don't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at kingpatentlaw.com⁠.

Avoid the legal horrors, and keep rocking your IP.

Patent Sin #4: Obviousness. "New" Isn't Enough.

Julie King — Thu, 11 Dec 2025 06:00:00 -0600

Your Idea is NEW, but is it OBVIOUS? The Obvious Killer haunts the USPTO. Learn the PHOSITA Test (Person Having Ordinary Skill in the Art) and how to prove your invention is a "significant leap," not just an expected variation!

Full transcript at ⁠⁠kingpatentlaw.com/blog⁠

Don't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at kingpatentlaw.com⁠.

Avoid the legal horrors, and keep rocking your IP.

Patent Sin #3: Omission. Details Matter!

Julie King — Wed, 10 Dec 2025 12:15:29 -0600

Legal Fact: Sin 3 - Omission.

Rejections based on insufficient disclosure are one of the most common grounds for application failure.

A vague claim is an unenforceable claim.

Full transcript at ⁠⁠kingpatentlaw.com/blog⁠

Don't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at kingpatentlaw.com⁠.

Avoid the legal horrors, and keep rocking your IP.

Patent Sin #2. Redundancy: The Dead-on-Arrival Patent Application

Julie King — Tue, 09 Dec 2025 11:42:13 -0600

Is Your Invention Already Dead? 🧟

Patent rejection is often due to Prior Art. Your invention must be substantially different from everything else worldwide.

Skipping a professional prior art search can be the costliest mistake an inventor can make. Ensure novelty to save thousands of dollars in wasted R&D and lawyer fees for a patent application, and countless hours pursuing a patent application doomed to fail.

Full transcript at ⁠⁠kingpatentlaw.com/blog⁠

Don't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at kingpatentlaw.com⁠.

Avoid the legal horrors, and keep rocking your IP.

Patent Sin #1. Oversharing: The Self-Inflicted Wound from Sharing Your Invention Before Filing

Julie King — Mon, 08 Dec 2025 08:00:00 -0600

The 1-Year (or Less) Clock is Ticking!

Public disclosure can kill your patent rights!

In some foreign countries, the grace period is ZERO DAYS after letting the public know about your invention, so you must file before going public. Other countries give you six months, and in the U.S., you have 12 months to file your patent application after you've made the idea public.

Full transcript at ⁠⁠kingpatentlaw.com/blog⁠

Don't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at kingpatentlaw.com⁠.

Avoid the legal horrors, and keep rocking your IP.

6 Mistakes That Kill Your Invention and Send it to the Patent Graveyard

Julie King — Mon, 08 Dec 2025 06:00:00 -0600

You have an invention, but before you file, you need to know this: The USPTO is a graveyard for brilliant ideas killed by simple legal errors.

Attorney Julie King, a rock-and-horror-loving patent lawyer, shows you the Six Legal Sins that send great inventions to the grave. Learn to avoid Oversharing (Sin 1), Redundancy (Sin 2), and Amateurism (Sin 6) to keep your international rights and ensure your patent is enforceable. Over 92% of applications receive a rejection, so you need a plan!

Sin 1: Oversharing (0:44)
Sin 2: Redundancy (2:25)
Sin 3: Omission (4:03)
Sin 4: Obviousness (5:48)
Sin 5: Impersonation (7:12)
Sin 6: Amateurism (9:22)

Don't let your brilliant invention become another headstone in The Patent Graveyard. Intellectual property is one of the most terrifyingly useful tools you have. Having a professional in your corner is the best way to avoid committing these legal sins.

Full transcript at ⁠⁠kingpatentlaw.com/blog⁠

Don't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at kingpatentlaw.com⁠.

Avoid the legal horrors, and keep rocking your IP.

#patent #patentlaw #intellectualproperty #patentsearch #inventions #invention #inventor

The Infernal Deepfake Influencer Imitation

Julie King — Fri, 05 Dec 2025 06:00:00 -0600

The unauthorized use of AI to clone your voice or image (deepfake) requires a legal defense. Attorney Julie King discusses the ELVIS Act in Tennessee, which protects an individual's voice from unauthorized AI simulation. Learn how explicit contract provisions are currently the strongest protection against digital replicas.

Full transcript at ⁠⁠kingpatentlaw.com/blog⁠

Don't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at kingpatentlaw.com⁠.

Finally, this is not legal advice and I'm not your lawyer. Please seek the counsel of licensed attorney, perhaps me, for your specific legal needs.

And stay legally sharp and keep rocking your IP.

Step Right Up to Learn a Horror Story of a Violation of the Right of Publicity

Julie King — Thu, 04 Dec 2025 12:00:00 -0600

Discover the famous Tom Waits right of publicity case: he successfully sued Frito-Lay and its ad agency for using a voice impersonator. The court noted that a voice is "as distinctive and personal as a face". This segment explains the legal mechanism of the right of publicity and why protecting your unique identity is essential.

Full transcript at ⁠⁠kingpatentlaw.com/blog⁠

Don't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at kingpatentlaw.com⁠.

Finally, this is not legal advice and I'm not your lawyer. Please seek the counsel of licensed attorney, perhaps me, for your specific legal needs.

And stay legally sharp and keep rocking your IP.

Protecting Your Brand, Name, Likeness, and Voice from the Reputational Whirlpool

Julie King — Thu, 04 Dec 2025 06:00:00 -0600

Your personal brand, including your signature look and style, is protected by trademark law and the right of publicity. Learn how a contract can become a trap if it's too broad, allowing a brand to edit your content or use your likeness in a way that damages your reputation.

Full transcript at ⁠⁠kingpatentlaw.com/blog⁠

Don't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at kingpatentlaw.com⁠.

Finally, this is not legal advice and I'm not your lawyer. Please seek the counsel of licensed attorney, perhaps me, for your specific legal needs.

And stay legally sharp and keep rocking your IP.

Bad Influence: Don’t Ignore the FTC’s Rules About Transparency and Disclosures for Influencer Marketing

Julie King — Wed, 03 Dec 2025 06:00:00 -0600

The consequences of poor disclosure can include fines, class action lawsuits, and damaged trust. The FTC rule is simple: if there is a material connection (cash, product, loan), it must be clearly and conspicuously shown. Julie King warns against the legal risks of vague tags like #collab or #partner. Use #ad or #sponsored at the very top.

Full transcript at ⁠⁠kingpatentlaw.com/blog⁠

Don't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at kingpatentlaw.com⁠.

Finally, this is not legal advice and I'm not your lawyer. Please seek the counsel of licensed attorney, perhaps me, for your specific legal needs.

And stay legally sharp and keep rocking your IP.

The Horror Story of Overreaching Licenses and Unintended Assignments

Julie King — Tue, 02 Dec 2025 12:00:00 -0600

The true horror happens when contracts are poorly drafted. This segment dissects the two most common errors: granting a perpetual, royalty-free, worldwide license without realizing it , or the business failing to include an assignment clause and thus not owning its own marketing material. Protect your IP and avoid expensive legal battles.

Full transcript at kingpatentlaw.com/blogDon't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at KingPatentLaw.com. Finally, this is not legal advice and I'm not your lawyer. Please seek the counsel of licensed attorney, perhaps me, for your specific legal needs. And stay legally sharp and keep rocking your IP.

Copyright Horror: Did a Siren’s Song Make You Sign Away Your Content Forever?

Julie King — Tue, 02 Dec 2025 06:00:00 -0600

Learn the difference between copyright assignment (selling ownership) and licensing (renting permission to use).

Attorney Julie King breaks down the two main legal mechanisms for securing rights to content and reveals why the "work made for hire" mechanism is rarely applicable to independent contractors.

Don't be fooled by the Siren's Song!

Full transcript at ⁠kingpatentlaw.com/blogDon't let the legal darkness win. Ready to build or manage your frighteningly powerful IP? Book your consultation with me at KingPatentLaw.com. Finally, this is not legal advice and I'm not your lawyer. Please seek the counsel of licensed attorney, perhaps me, for your specific legal needs.

And stay legally sharp and keep rocking your IP.

The Contract from the Black Lagoon: Legal Traps for Influencers, Brands, and Marketers

Julie King — Mon, 01 Dec 2025 06:00:00 -0600

What if the contract for your next big brand or marketing deal was actually a monster, and it just swallowed the rights to your best work?

In this spine-chilling episode of Spellbinding IP, rock-and-horror-loving patent attorney Julie King confronts The Contract from the Black Lagoon. With over 25 years of experience as a lawyer, Julie reveals the hidden claws in marketing contract clauses that can wound your business, destroy consumer trust, and leave you legally exposed. We’re breaking down complex US legal issues into plain language so you can create k

iller content while keeping your legal defenses airtight.

In this episode, we unearth:

• Trap One: The Siren’s Copyright Song Luring Content Owners Astray: Who truly owns the photos, videos, or songs created for a campaign—and why the phrase "work made for hire" is often useless for independent contractors. (at 1:20)

• Trap Two: The Leviathan Grip of the FTC’s Rules About Transparency and Disclosures: Learn how to dodge crippling FTC fines and class-action lawsuits by making your #Ad or #Sponsored disclosures clear and conspicuous. (at 6:46)

• Trap Three: The Trademark Terror: Protecting the Creator’s Brand: How broad contract language or a "sad beige lawsuit" can let a brand tarnish the goodwill you’ve built into your own name, look, and style. (at 9:18)

• The Deepfake End of The Lagoon: The rapid, complex fight against the unauthorized use of AI to clone or duplicate your voice and likeness, and the protection offered by state laws like the ELVIS Act. (at 16:31)

Stop signing bad deals! If you’re a small business, brand, or creative entrepreneur, your contracts are the only thing standing between a profitable collaboration and a legal nightmare. Visit KingPatentLaw.com to learn how to fortify your contracts today!

Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

I’m Julie King, a licensed attorney in Champaign-Urbana, Illinois, and I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe if you haven’t already!

You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media.

The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs.

Thank you for tuning in. Stay legally sharp, and keep rocking your IP!

#intellectualproperty #InfluencerMarketing #RightOfPublicity #Deepfake #ELVISAct #smallbusinesstips #copyright #influencer #marketing

Patent Freedom-to-Operate Clearance Isn’t the Only Clearance You Need to Keep Infringement Away

Julie King — Fri, 28 Nov 2025 05:00:00 -0600

If you have an invention you’re launching, looking into patent clearance and protection isn’t enough. While a patent freedom-to-operate search focuses on identifying patents your invention may be infringing, a comprehensive launch strategy for your invention also requires a full-spectrum IP checkup, including trademarks and copyrights.

A trademark clearance search is similar to the FTO search in that it looks for existing trademarks your business, brand, or product name or logo, or other trademarks such as scents and package design, are possibly infringing on someone else’s trademark, whether registered or unregistered. Like an FTO search it provides an opportunity for adjustment to avoid infringement.

Copyright clearance involves making sure your related creative works, such as instruction manuals, packaging art, marketing art, marketing music, and website copy, aren’t infringing on others’ copyright rights. For example, do you have the proper rights to the photos on your website?

The lesson here is, don't clear and protect your invention on the patent front only to get sued over what you named it or how you marketed it.

Intellectual property is one of the most terrifyingly useful tools you have. If you’re ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone.

Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.

You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.

Finally, the information in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. Always seek the counsel of a licensed attorney, perhaps me, for your specific legal needs.

Stay legally sharp, and keep rocking your IP!

#patent #freedomtooperate #patentsearch #intellectualproperty

What Happens if a Patent Freedom-to-Operate Search Finds Potential Infringement?

Julie King — Thu, 27 Nov 2025 05:00:00 -0600

If the patent freedom-to-operate (FTO) search reveals a concerning patent, your invention may be in danger of infringing, the situation is not hopeless. This is where the magic of "design around" comes in.

We point out the potential infringement and discuss with you how intentionally modifying your product to omit or change at least one element of the independent claim that may be infringed can avoid infringement while achieving the desired result.

Here’s a quick example. If a patent protects a "three-wheeled wagon with a red handle," you can create a non-infringing "four-wheeled wagon with a blue handle." You achieve the same goal, a pull-wagon, but legally sidestep the patent infringement claims.

If infringement is possible, a successful design-around strategy creates a better, legally sound product.

Intellectual property is one of the most terrifyingly useful tools you have. If you’re ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone.

Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.

You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.

Stay legally sharp, and keep rocking your IP!

#patent #freedomtooperate #patentsearch #intellectualproperty

Coca-Cola Sued Over Their Attempt to Cash in on Johnny Cash’s Vocal Style with an Impostor

Julie King — Wed, 26 Nov 2025 17:29:13 -0600

Just today, on November 25, 2025, as I was writing next week’s posts about the right of publicity and related issues, news broke that the John R. Cash Revocable Trust filed a lawsuit against The Coca-Cola Company regarding the right of publicity and Tennessee’s new ELVIS Act!

Johnny Cash has one of the most legendary and distinctive voices in music history, one that is readily identifiable to listeners. The Trust, which owns the commercial rights to his voice and likeness, sued Coca-Cola over a 2025 college football advertisement campaign.

The complaint alleges that Coca-Cola hired a Johnny Cash tribute singer (a "Sound-Alike Singer") to record a song for the ad. The singer is a known Cash tribute performer ("the No. 1 Johnny Cash Tribute Show" per his website), which makes the similarity to the Waits case stronger. The complaint alleges the purpose was specifically to ensure the ad sounded as close as possible to Cash's voice, and that consumers were actually confused, believing it was a "new track by the Man in Black himself." The Trust alleges that Coca-Cola, despite its long history of licensing celebrity endorsements, failed to even ask for a license.

The lawsuit asserts Coca-Cola violated the ELVIS Act, the Tennessee Consumer Protection Act, and the Lanham Act, underscoring the legal recognition that stealing an artist's voice is theft of their integrity and identity.

You'd think marketing firms would have learned from the Tom Waits v. Frito-Lay and Bette Midler v. Ford cases, but clearly not. I don't think Coca-Cola and the advertising agency that will inevitably be dragged into the lawsuit will enjoy the penalties under Tennessee's new ELVIS Act, but ironically, it may be the publicity they enjoy even less.

Intellectual property is one of the most terrifyingly useful tools you have. If you’re ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone. Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.

You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.

Stay legally sharp and keep rocking your IP!

#rightofpublicity #intellectualproperty #ip #johnnycash #cocacola

The Anatomy of a Freedom-to-Operate Patent Search: Your Monster-Hunting Gear

Julie King — Wed, 26 Nov 2025 05:00:00 -0600

The entire freedom-to-operate (FTO) patent search analysis hinges on the claims section of a patent. The claims define the legal boundary of the inventor's protection. They are the spells that legally protect the invention.

Infringement occurs only if your product incorporates every single element of an independent claim (which is literal infringement) or an equivalent element.

Here’s how we search. We look for patents that are technically relevant to your product's function, structure, and operation in the countries in which you intend to use or sell your invention. This is a complex, nuanced search that goes far beyond simple keywords. The attorney looks at the entire filing history of any patents of concern, which is often crucial for interpreting the final claims.

Why do you need a lawyer to do the search and analysis? A non-lawyer can find similar patents, but an experienced patent attorney can provide a legal opinion on whether the claims are actually infringed by your product.

Intellectual property is one of the most terrifyingly useful tools you have. If you’re ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone.

Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.

You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.

Stay legally sharp, and keep rocking your IP!

#patent #freedomtooperate #patentsearch #intellectualproperty

How Does a Freedom-to-Operate Patent Search Ward Off the Patent Infringement Monster, and What Are the Risks of Skipping One?

Julie King — Tue, 25 Nov 2025 05:00:00 -0600

A Freedom-to-Operate search is a focused investigation into all active, unexpired patents in the countries where you plan to manufacture and sell (e.g., the U.S. for U.S. sales) that could potentially be infringed by your new product or process. An FTO search is not the same as a patentability search. A patentability search asks: Can I get a patent on my idea? An FTO search asks: Does someone else already have a patent that I will infringe?

The cost of an FTO search, which can range from $10,000 to $50,000 or more, is a necessary investment. Why so expensive? The search alone takes a significant amount of time and must be done with precision, then the analysis and opinion take even more time. The entire filing history of any patents of concern must be looked at to determine whether infringement would exist, and the claims must be read and evaluated with an eagle eye.

Yes, the price can be steep, but compare that cost to the potential financial fallout of not having an FTO search done.

The immediate scare is a lawsuit. Being sued for infringement means injunctions (stopping sales), product recalls, legal fees, and damages. An FTO search can’t guarantee you won’t be sued, but it can reduce the likelihood of being sued, and it can reduce the penalties if you are sued and lose.

The triple threat is if you lose the lawsuit. If the infringement is deemed willful (meaning you knew the patent existed and proceeded anyway), damages can be tripled by the court. An FTO search, followed by a formal, written Opinion of Counsel from an experienced patent attorney, is the single strongest piece of evidence you can use to show a court that you did not willfully infringe. It demonstrates you acted responsibly and in good faith.

Intellectual property is one of the most terrifyingly useful tools you have. If you’re ready to build a frighteningly powerful business and brand, you don't have to face the darkness alone.

Book your consultation with me at kingpatentlaw.com. I serve entrepreneurs across the U.S.

You can find all my other frighteningly good content on the King Patent Law website and at @kingpatentlaw on social media.

Stay legally sharp, and keep rocking your IP!

#patent #patentsearch #intellectualproperty

How Can a Freedom-to-Operate Patent Search Slay Your Legal Fears About Infringement?

Julie King — Mon, 24 Nov 2025 05:00:00 -0600

What if your invention, your product, or your method is hiding the catastrophic secret that part of it infringes on someone else’s patent rights?

No matter how much work, innovation, and coffee you’ve poured into creating something you’re sure is going to be valuable, there’s no guarantee someone else didn’t have a similar genius idea and take steps to protect it through a patent. If they have, or if they even protect part of what your invention consists of, what you thought was your own idea could cause you extreme pain.

Imagine debuting your revolutionary product only to be met not with applause, but with a cease-and-desist letter demanding that you stop production, recall your inventory, and pay significant damages. That's the monster waiting in the legal shadows: the risk of patent infringement.

Wouldn’t it be better to take steps to find out if this is a potential problem before you spend a great deal of time and money on development, production, and marketing? The good news is that you can take those steps early on, and you can even take them if your product is already on the market.

As a rock-and-horror-loving patent attorney, I know the best way to deal with a monster is to see it coming. That’s where the freedom-to-operate search and opinion comes in. (I’m going to abbreviate all that to just “FTO search” for ease.)

An FTO search is your professional flashlight, meticulously scanning the landscape of active patents to ensure your product can be legally manufactured, marketed, and sold before you invest heavily. It’s not about finding protection; it’s about finding permission. If you’re developing a new product, this is the non-negotiable step that saves you from becoming the next legal horror story.

In this episode:

What Is a Freedom-to-Operate Search, and What Are the Risks of Skipping One? (1:46)
The Anatomy of a Freedom-to-Operate Search: Your Monster-Hunting Gear (4:02)
What Happens if a Patent Freedom-to-Operate Search Finds Potential Infringement? (5:10)
Patent Freedom-to-Operate Clearance Isn’t the Only Clearance You Need to Keep Infringement Monsters Away (6:12)
Takeaways (7:31)

Ready to kill the legal monsters before they get a chance to grow? Let's talk about the specific IP needs for your next big product launch.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

I’m Julie King, a licensed attorney in Champaign-Urbana, Illinois, and I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe if you haven’t already!

Thank you for tuning in. Stay legally sharp, and keep rocking your IP!

Stopping the Terror of Poor Planning of Intellectual Property Succession

Julie King — Fri, 21 Nov 2025 06:00:00 -0600

You don't need to fear this terror, because you can and should plan to avoid it. If you have high-value patents or trademarks, here are your immediate next steps, the only way to truly protect your legacy:Action 1: IP Inventory. Create a detailed, organized inventory listing every registration number, filing date, and maintenance schedule for every IP asset. Also include details identifying any unregistered assets. Give this to your lawyer and your estate executor.Action 2: Check Your LLC Agreement. Immediately review your LLC Operating Agreement for specific clauses covering the death or incapacity of a member. These clauses dictate the fate of the company, and by extension, its IP assets. This goes for partnership agreements and corporation bylaws as well.Action 3: Consult the Right Lawyer. Schedule a consultation with an attorney who handles both intellectual property protection and business succession planning. You need an attorney who sees your assets not just as legal filings, but as high-value, life-long components of your estate. If they are not well-versed in full estate planning, have them work with the attorney handling your primary estate planning needs.If you are serious about protecting the assets you've worked so hard for, don't let the True Terror of Poor Planning define your legacy.Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it. You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I’m Julie King, a licensed attorney in Champaign-Urbana, Illinois, and I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property.If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe if you haven’t already! You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media. The information provided in this episode is for educational purposes only and does not constitute legal advice or form an attorney-client relationship. You should not act on any information presented here without first seeking the counsel of a licensed attorney for your specific legal needs. Thank you for tuning in. Stay legally sharp, and keep rocking your IP!#patent #trademark #copyright #intellectualproperty #businesstips #estateplanning #successionplanning

Your Legal Epitaph: Why the Standard Will Fails Your Intellectual Property Legacy

Julie King — Thu, 20 Nov 2025 06:00:00 -0600

So why is the standard will, drafted by a general attorney, insufficient to properly transfer patent and trademark ownership?

It comes down to three legal concepts:

1. Bequest vs. Assignment: A will can bequeath (give) property, but patent, registered trademark, and registered copyright transfer require a specific Assignment Document filed with the USPTO or the Copyright Office. Without the specific authority granted to the executor or a named successor to file that document, the transfer can be delayed or rejected. Worse, if the executor or heir doesn’t know the assignment document needs to be filed, the ownership is stuck in legal limbo.

2. The LLC Operating Agreement (and Partnership Agreements and Corporation Bylaws): These are the documents that truly dictate the fate of a business. If the IP is owned by the LLC, the Operating Agreement dictates what happens with the IP upon your death. Specifically, it determines who inherits your share of the company and its assets. The will cannot override the Operating Agreement. If that agreement is silent, your heirs could be forced into a partnership with people they don't know, or worse, the business could be legally dissolved. These principles apply to partnership agreements and corporation bylaws as well.

3. The License: If you own the IP personally and license it to your business or another business, who inherits the rights to the IP when you die? Does the license provide that your heirs inherit it, does it say the management of renewal transfer to the licensee and your heir just receives royalties, or does it state that the IP ownership will transfer to the licensee? If the license rights go to your heirs, will they know how to manage the IP properly, and will they be willing to renew the license as needed? The license needs to address these issues so the IP ends up in the right hands.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

I’m Julie King, a licensed attorney in Champaign-Urbana, Illinois, and I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe if you haven’t already!

Thank you for tuning in. Stay legally sharp, and keep rocking your IP!

#patent #trademark #copyright #intellectualproperty #businesstips #estateplanning #successionplanning

The Four Ghosts of Poor Intellectual Property Succession Planning

Julie King — Wed, 19 Nov 2025 06:00:00 -0600

Let’s look at the specific risks of poor intellectual property succession planning. These are the ghosts of your assets that haunt your legacy if you fail to plan properly.

1. The Patent Ghost: Missing the Clock. The executor of your estate is managing property taxes, house sales, and who gets the valuable coin collection; they are most likely not automatically tracking USPTO patent maintenance fee deadlines, which occur at the 4th, 8th, and 12th year. If those deadlines are missed, the patent is dead, and its value is zero. If the executor fails to file the proper ownership transfer documents, the legal right to its benefits remains in purgatory.

2. The Trademark Ghost: Competitor Capture. Your heirs might be grieving and not well-versed in handling a trademark. If they fail to file the necessary maintenance and renewal documents showing continued use in commerce, the USPTO will cancel the registration, and if the mark hasn’t been used in commerce for at least three years, your biggest competitor can simply step in and register the abandoned mark.

3. The Trade Secret Ghost: This one is the fastest killer. If the documents securing your trade secrets (like NDAs or internal protocols) are not enforced by the executor, or if they don't even know where they are, the secret can be compromised or simply lost. Either way means its value is lost forever.

4. The Business Ghost: If you own the patent or trademark as an individual, license it to your business as an LLC or corporation (because you are doing that and not being sloppy about that kind of important business asset), and only address the IP in your will, you create massive confusion. If an heir who doesn’t know how to maintain the IP properly or who hates your business partners gets your IP, your business will have a serious problem. Without clear documents, the business often gets tied up in court for years.

I dive into the specifics of succession plans in other episodes this week, so check them out and stay tuned for the sequels!

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

I’m Julie King, a licensed attorney in Champaign-Urbana, Illinois, and I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe if you haven’t already!

Thank you for tuning in. Stay legally sharp, and keep rocking your IP!

#patent #trademark #copyright #intellectualproperty #businesstips #estateplanning #successionplanning

Intellectual Property vs. General Estate or Business Assets: The Terrifying Difference at Death

Julie King — Tue, 18 Nov 2025 13:09:35 -0600

Most people think of their IP like a regular asset that upon their death will either transfer automatically or be handled easily by the executor of their estate. But IP is different. IP is a tricky beast.

The biggest, most terrifying difference is this: Patents and trademarks are time-sensitive, living assets that require active maintenance and use to survive and special documents to transfer ownership.

• A patent is a 20-year legal monopoly. Renewal fees are due three times during those 20 years. If your executor doesn't know the exact schedule and misses one maintenance fee payment, that patent is permanently dead and immediately enters the public domain. The clock is heartless; it does not stop for probate, and ignorance is no defense.

• A trademark can be perpetual, but only if it's used, and a registration’s lifespan depends on both use and filing renewal documents along with fees. If your heir inherits the mark but fails to continue using it in commerce for the goods and services listed, the law presumes the mark has been abandoned, and if they don’t file the renewal documents and pay the fees, the USPTO will cancel the registration.

I'll dive into the specifics of succession plans in future episodes, so stay tuned for the sequels!

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

I’m Julie King, a licensed attorney in Champaign-Urbana, Illinois, and I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe if you haven’t already!

Thank you for tuning in. Stay legally sharp, and keep rocking your IP!

#patent #trademark #copyright #intellectualproperty #businesstips #estateplanning #successionplanning

What Happens to Your Patents and Trademarks When You Die? The True Terror of Poor Planning

Julie King — Sat, 15 Nov 2025 06:00:00 -0600

You spend years, effort, and serious money, often tens of thousands of dollars, to create a valuable intellectual property empire. You secure those priceless patents, register those robust trademarks, protect your valuable copyrights, and lock down those precious trade secrets. You’ve built an IP asset portfolio designed to generate income for years, even decades.

But here is the true terror: When you're gone, does that empire continue to generate value for your heirs or business partners, or does it become a worthless liability? We're talking about The True Terror of Poor Planning.

Hello, and welcome back to Spellbinding IP: Patent, Trademark, and Business Strategy, the show that helps you build a brand so strong, it survives its own sequel.

The thesis today is simple, yet alarming: A standard will and skimpy business operation documents can be a death sentence for your most valuable intellectual property. If you haven't taken specific legal steps to address the unique life cycle of your patents and trademarks, your competitors could inherit them before your family or business does.

Let's dive into how intellectual property can end up in the legal graveyard and how you can prevent that.

In this episode:

I. Introduction: The Unattended Asset (0:00)
II. Intellectual Property vs. General Estate or Business Assets: The Terrifying Difference at Death (1:19)
III. The Four Ghosts of Poor Intellectual Property Succession Planning (2:38)
1. The Patent Ghost (2:50)
2. The Trademark Ghost (3:23)
3. The Trade Secret Ghost (3:49)
4. The Business Ghost (4:13)
IV. Your Legal Epitaph: Why the Standard Will Fails Your Intellectual Property Legacy (4:48)
V. Stopping the Terror of Poor Planning of Intellectual Property Succession (7:00)

If you are serious about protecting the assets you've worked so hard for, don't let the True Terror of Poor Planning define your legacy.

I'll dive into the specifics of those LLC agreements and succession plans in future episodes, so stay tuned for the sequels!

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

I’m Julie King, a licensed attorney in Champaign-Urbana, Illinois, and I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe if you haven’t already!

Thank you for tuning in. Stay legally sharp, and keep rocking your IP!

#patent #trademark #copyright #intellectualproperty #businesstips #estateplanning #successionplanning

The IP Legal Help Labyrinth: Don't Get Lost Choosing Who Protects Your Patent & Trademark. A King Patent Law, PLLC Guide to Avoiding the Potentially Fatal Flaws of DIY and Online Services

Julie King — Sat, 08 Nov 2025 08:00:00 -0600

A King Patent Law, PLLC Guide to Avoiding the Potentially Fatal Flaws of DIY and Online Services

November is a great time to be thankful for the assets you've built, and a smart business owner knows that the intellectual property (IP) protecting their unique creations is one of the most valuable assets of all.

But once you've invented that brilliant gadget or coined that killer brand name, who do you hire to protect it? The choices can feel like a maze, full of shadowy corners and false promises. Should you DIY and brave the journey alone? Rely on a map from a cheap online service? Or hire an experienced intellectual property lawyer as your seasoned guide?

The cost difference seems huge upfront, but I’ve spent over 25 years as a lawyer watching that initial savings turn into a financial catastrophe down the road.

I'm Julie King, your rock-and-horror-loving patent attorney. Welcome back to the recently renamed podcast, “Spellbinding IP: Patent, Trademark, and Business Strategy,” formerly “Know Your Rights: Your IP and Business Law Playbook.” While that title entertained me because it’s a Clash song title, it wasn’t so good for reaching people looking for answers to their IP questions, so an SEO-friendly change was needed. Enough of that. Back to the real content!

Today, I’m leading you through that labyrinth of confusing options to show you four specific, high-stakes mistakes that only a licensed attorney can prevent, proving why the cheap path often leads to a worthless asset and spending more in the long run. I’ll also cover how to choose the right lawyer or law firm to help you.

In this episode:

Part I: The Three Paths to Protection (1:39)
Part II: The Four Fatal Flaws an Attorney Can Prevent (2:38)

The Claims Killer: The Fatal Flaws of DIY Patent Language (2:43)
The Trademark Zombie: Why a Bad Search Dooms Your Brand Before It's Born (11:46)
The Copyright Trap: Filing Too Late to Claim Your Full Damages (21:15)
Who Owns the Asset? The IP Time Bomb in Business (24:03)

Part III: How Do You Find the Right Intellectual Property Professional? (26:04)
Conclusion: Choose Your Guide Wisely (30:17)

You can't afford to treat your valuable assets like a low-budget horror flick. Choosing your IP counsel isn't a place to pinch pennies. The money you "save" on a cheap service is often dwarfed by the cost of fixing an application error or, worse, realizing your final patent or trademark is too weak to actually defend your business.

Choose a partner who brings years of the right experience and strategic foresight to the table. Don't let your business's most valuable assets become the victims in a horror story.

To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.

#kingpatentlaw #julieking #patent #trademark #copyright #intellectualproperty #businesstips #businesslaw #lawyers

Patent Patrol: Blocking the Knockoff Invasion

Julie King — Thu, 06 Nov 2025 06:00:00 -0600

Your U.S. patent is powerful at the border! Even if knockoffs are manufactured and sold freely overseas without you being able to do much about it, your patent gives you the power to stop them from entering the lucrative U.S. market.

The Power Move: You can record your granted U.S. patent (and trademark) with U.S. Customs and Border Protection (CBP). Not all border patrol agents are sweeping through cities and suburbs nabbing people off the street and violently dragging them out of their cars. Some are doing the important job of protecting U.S. commerce from imported goods that violate U.S. patent, trademark, and copyright rights. CBP trains its officers to seize and detain the goods that violate your registered IP rights at the port of entry.

The Impact: This simple filing turns your legal document into an enforcement tool for customs agents, blocking the flow of counterfeit goods and protecting your market share without expensive lawsuits. Unfortunately, it’s impossible to catch every counterfeit product trying to come into the U.S., but it’s better than not even trying.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe! You can find all of my other frighteningly good content on the King Patent Law website, at "Spellbinding IP: Patent, Trademark, and Business Strategy" on all major podcast platforms, and at @kingpatentlaw on most social media.

#kingpatentlaw #julieking #intellectualproperty #patent

A Legal Workaround to Patent Infringement: Design, Don't Destroy

Julie King — Wed, 05 Nov 2025 06:00:00 -0600

Before you even start manufacturing, you find out your invention would be infringing on another patent. Your freedom-to-operate search revealed a competitor holds a patent on a core component. Now what? Don't Panic. Redesign!

The Choice: You face two options, and only one protects your long-term profit:

1. The Licensing Trap: Buy the patent rights, which can be expensive. Alternatively, pay a royalty to the patent holder for every unit you sell. This creates an ongoing cost and allows a competitor to profit from your success. There’s also no guarantee the patent owner will grant you a license or sell the patent rights to you.

2. A Legal Workaround: Work with your engineers and patent attorney to "design around" the blocking patent. By changing the component's structure, material, or function, you can often achieve the same result without infringing the patent’s claims.

The Lesson: The upfront cost of a redesign may be cheaper than the perpetual cost of a royalty. Designing your way out of starting an infringement battle is a worthwhile subject to look into.

#kingpatentlaw #julieking #intellectualproperty #patent #patentinfringement

The Petrifying Patent Problems With Overseas Manufacturing Securing Your Idea at the Factory

Julie King — Tue, 04 Nov 2025 06:00:00 -0600

Here’s the true cost of manufacturing your invention overseas. The minute you send your blueprints to a manufacturer, you introduce a massive risk of intellectual property theft.

The Horror: When an idea is copied overseas, it's virtually impossible for a small business to stop it. Your U.S. patent is powerful here, but useless in their jurisdiction. International patents can help, but they’re really only as good as your ability to pay for lawyers overseas to defend them against infringement. Large corporations can handle that cost far better than small businesses.

Your Defense: The Contract Chains

You must bind your manufacturer with an iron-clad contract that includes:

1. IP assignment clauses explicitly stating all resulting intellectual property belongs to you.

2. Strong non-disclosure clauses (or separate Non-Disclosure Agreements (NDAs)) for everyone involved to protect confidentiality.

3. Audit and termination rights clauses allowing you to inspect their facility and clearly defining penalties for unauthorized production.

Like with international patents, though, the cost of hiring lawyers here or overseas to help you if the manufacturer doesn’t abide by the contract can be significant.

The best protection against the likely problems with overseas manufacturing is to have your invention manufactured in the U.S. Yes, that may be more expensive in terms of manufacturing costs, but what you may save in enforcement costs may be worth it.

Whether you have your product manufactured in the U.S. or overseas, don't start production without legal chains securing your intellectual property, and be prepared to hire lawyers here and overseas to help you enforce these contracts!

#kingpatentlaw #julieking #intellectualproperty #patent #internationalpatents

Freedom-to-Operate Patent Searches: Avoiding the Specter of Infringement

Julie King — Mon, 03 Nov 2025 06:00:00 -0600

Let’s look at the two scariest patent searches! An inventor should run two different types of patent searches, and mixing them up is a huge mistake that can cost millions.

1. Patentability Search: Answers the question, "Is my invention new enough to get a patent?" To be granted a patent, an invention must be both novel and non-obviousness. This is the search that investigates those issues. It also looks at whether the subject matter is patentable, but that’s often something a patent attorney can advise you about before you have this search done.

2. Freedom-to-Operate (FTO) Search: Answers the question, "Can I legally sell this product without being sued?" This search looks at active patents whose rights are still enforceable to see if your invention contains components or processes that any of those patents protect, and to see whether your invention is committing infringement by including those parts or processes. This kind of search is much more expensive than a patentability search, and that’s because the level of detail and time necessary to do the search and analysis of results are much more extensive. It’s still less expensive than infringement litigation, however.

The Lesson: Getting a patent is risky if you haven't done a freedom-to-operate search. Don't rely on the USPTO to check for infringement; that's ultimately your responsibility. Always get a freedom-to-operate search before you invest in manufacturing to ensure your path to market is clear!

#kingpatentlaw #julieking #intellectualproperty #patent #freedomtoperate #patentsearch #patentability

The Patent Curse: You Can't Always Sell What You Own

Julie King — Sat, 01 Nov 2025 06:00:00 -0500

Welcome, innovators, to a critical lesson that separates successful patent entrepreneurs from those whose patents collect dust. I’m Julie King, and today I’m revealing the terrifying truth that owning a patent does not automatically give you the right to sell your invention.

You see, a patent is a legal shield, a right to exclude, not a sword you can wield freely in the marketplace.

In this episode:

The Patent Paradox: A Shield, Not a Green Light (0:25)
The Horror of Overlapping Patents (0:53)
Example: The Patented Battery Case Nightmare (1:15)
How to Avoid Accidental Infringement: Your Freedom-to-Operate Checklist (1:50)
Beyond Legal Clearance: The Manufacturing and Marketing Battlefield (including overseas issues) (3:17)
The Silent Killer: Market Apathy (4:34)
The Bottom Line (5:55)

Owning a patent is an achievement, but it's only the first step. Before you invest in manufacturing, invest in a Freedom-to-Operate analysis. Protect your invention from your competitors and protect your business from accidental infringement. Make sure the patent application is likely worth the investment of time and money by doing careful market research.

Want to make sure your invention is market-ready? Consult with a patent attorney to assess the legal landscape before you invest in manufacturing and sales. They can also advise you about how to protect your invention’s secrecy when you work with market research experts, so your work with them doesn’t cause legal headaches.

#kingpatentlaw #julieking #intellectualproperty #patent

The Phantom of the Lost Trade Secret

Julie King — Fri, 31 Oct 2025 06:00:00 -0500

Be careful not to let your trade secrets die with you, or you may accidentally kill your business. If you have a proprietary formula, customer list, or algorithm that gives you your competitive edge, it’s not registered with the government. Its protection relies entirely on secrecy and contracts.

The Horror can be that since there is no government registration, if the owner dies unexpectedly, and the secret formula only exists in their head, written down somewhere no one can find it, or on a single encrypted hard drive no one can access, the entire value of the business can disappear. If there’s no way for the estate’s executor or trustee to retrieve and protect the secret, the core value of the company can vanish overnight.

The Solution is to have a trade secret succession plan.

1. For Individuals: Create a secure, sealed protocol that names a trusted successor/trustee who can access the secret only upon documented events, such as death or incapacity.

2. For Businesses: Explicitly name the trade secret as an asset in the operating agreement, bylaws, or shareholder agreement (but don’t reveal what it is in those documents); make sure the proper trustworthy business partners or successors know where and how to access the trade secret; and mandate strict confidentiality protocols for all partners and employees.

Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook " on all major podcast platforms, and at @kingpatentlaw on most social media.

#kingpatentlaw #julieking #intellectualproperty #tradesecret #businesstips #estateplanning #horror #halloween #spookyseason

Night of the Living Dead Patent and Trademark

Julie King — Thu, 30 Oct 2025 06:00:00 -0500

Fatal mistakes are often made when people unfamiliar with patent and trademark law leave that kind of intellectual property to people in their will or when they inherit it.

At the Mountains of Madness: A Vague Will.

“’All patents,” “all trademarks,” or “all intellectual property” owned by me may sound like a great clause to have in a will. It’s better than nothing, yes, and fine as a catch-all in case you don’t update your documents in time with more detailed information, but it really can leave a maddening mess for the executor or trustee of your estate. The way to keep them from cursing your name is to specify by registration number exactly which patents and trademarks are involved. That’s because the USPTO, the agency that registers patents and trademarks in the US, as well as international agencies that handle international patents and trademarks, require documentation to officially transfer the ownership rights to the registrations. That’s MUCH easier to handle if specific registration numbers are in the will or trust.

Creature from the USPTO: Official Assignments

Speaking of those documents transferring ownership that need to be registered with the USPTO and perhaps international agencies, those are documents most people aren’t aware need to be filed. Even some estate administration lawyers who don’t have much experience with intellectual property can be unaware of this requirement.

Official assignments of ownership must be filed with the USPTO and any international agencies that apply in order for ownership of the patent or trademark registrations to fully transfer to the new owner. Without that official transfer, it can be hard to enforce the rights that come with the registration.

This doesn’t just matter when your estate is being administered. It matters while you’re alive as well. If you put your patent or trademark registration in a trust, you need to record an assignment of ownership. If you sell or transfer your ownership to your business, you need to record an assignment of ownership then, too. As I mentioned before, the more specific the assignment is regarding identifying the intellectual property, preferably with registration numbers and other identifying information, the easier the assignment will be to prove and enforce.

Specificity and proper recording of transfer documents are the silver bullets to stop the monster of probate horror when it comes to registered intellectual property.

Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#kingpatentlaw #julieking #intellectualproperty #patent #trademark #businesstips #estateplanning #horror #halloween #spookyseason

The Patent and the Pendulum Heirs Who Can't or Won’t Keep it Alive

Julie King — Wed, 29 Oct 2025 06:00:00 -0500

The patent clock keeps ticking after you die! A utility patent is a time-sensitive asset. If you own the patent rights to your invention, you must make sure it’s managed properly after your death. Even if your heirs successfully inherit the patent, if they don't know how to manage it, the rights may die a premature death.

The Horror is that heirs unfamiliar with the invention and the patent protecting it often forget to pay the mandatory maintenance fees to the USPTO, or they fail to defend the patent against an infringer. The patent lapses, and years of potential revenue are lost forever.

The Solution isn’t to haunt your heirs into doing the right thing. It’s taking care while you’re among the living to have your will or trust designate a manager for the patent rights. This should be someone with the technical and legal ability to manage the patent, not just someone to receive the royalty checks.

To keep living beyond your death, a successful patent needs a competent manager, not just an heir.

Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#kingpatentlaw #julieking #intellectualproperty #patent #businesstips #estateplanning #horror #halloween #spookyseason

The Zombie Co-Owner: When Intellectual Property Ownership is Split. Trademark & Patent Terror.

Julie King — Tue, 28 Oct 2025 06:00:00 -0500

Not having provisions about control of your business’ intellectual property in your business operating documents is a grave mistake in intellectual property protection.

When one of the owners of a business dies, their ownership share is handled by their estate planning documents and the business’ operating documents, such as an LLC’s operating agreement or a corporation’s bylaws and shareholder agreement.

Why does it matter what the operating documents say about the ownership interest that gets inherited? If the documents aren’t clear that only financial interests and not voting or management interests are inherited, or insist that the heirs to the interest sell the interest back to the business, serious trouble with business management, including management of the business’ intellectual property, can occur.

If voting or management rights transfer to the heirs, they can be, essentially, zombie co-owners, whose lack of participation or refusal to cooperate with the other owners can completely hamstring the business when it comes to handling its intellectual property.

The Horror is that the remaining owners can't make key decisions, like licensing a patent or selling the brand, because the new, often inexperienced co-owner has to agree.

The Solution is to have one of two provisions in place:

1. A mandatory Buy-Sell Clause that compels the company to purchase the deceased member's ownership share (often funded by life insurance).

2. A Silent Partner Clause that says that upon the death of an owner/member/shareholder, only economic interests transfer, not voting rights or management rights, making the heir able to receive the financial benefit of ownership but not allowing them to interfere with the operation of the business.

These provisions ensure the management of the business’ intellectual property continues smoothly after you’ve gone.

Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.

You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook" on all major podcast platforms, and at @kingpatentlaw on most social media.

#kingpatentlaw #julieking #intellectualproperty #patent #trademark #tradesecret #businesstips #estateplanning #horror #halloween #spookyseason

The Witching Hour of Copyright Grant Termination

Julie King — Mon, 27 Oct 2025 13:00:00 -0500

35 years is a special time for copyrights created after 1978. A right emerges from lurking in the shadows. Importantly, that right can transfer to whoever inherits your original copyright rights.

This copyright jump scare is the termination provision in the 1976 Copyright Act that allows creators who transferred their copyright rights to someone else to reclaim those rights, even if they were assigned permanently. This is how Friday the 13th screenwriter Victor Miller successfully reclaimed his rights to the original script! I talked more about that in an episode a couple of years ago.

Thirty-five years after the transfer, and for a period of five years after that, the creator, or their heirs, can reclaim their copyright rights.

There are some strict rules to follow. Notice to the grantee and the Copyright Office of the intent to revert the rights must be in writing and must be made no more than 10 years before the 35-year period starts, and no more than two years before the five-year reversion rights period ends.

This reversion opportunity doesn’t apply to works for hire or transfers of rights made through a will.

Even if you bought a creator's work "forever," they, or their legal heirs, can get a mandatory second bite at the apple.

Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#kingpatentlaw #julieking #intellectualproperty #copyright #businesstips #estateplanning #horror #halloween #spookyseason

The Grave Truth: Protecting Your Intellectual Property from the Grim Reaper

Julie King — Sat, 25 Oct 2025 18:28:33 -0500

What’s the intellectual property horror lurking in the closet that gets overlooked the most? Welcome to the final, and perhaps most terrifying, week of Spooky Season. We’ve talked about how patents, trademarks, and trade dress are all massive business assets. But too often, people spend a good deal of time and money protecting those assets, but then they leave their future value to chance.

I'm talking about the Grave Truth of Succession. Your intellectual property does not die with you. The question is: Will it transfer smoothly to the right person or entity, or will it be tied up in probate hell? When an IP owner dies, some of their most valuable intangible assets, their patents, their trademarks, can become legally trapped, or worse, split between co-owners who can't agree, sucking the value right out of the business. You need a plan, or your legacy may become a legal horror story.

In this episode:

Let the Right One In: Individual vs. Entity Ownership (1:01)
The Nightmare on Patent Inheritance Street (2:01)
Night of the Living Dead Trademark (4:15)
The Phantom of the Lost Trade Secret (7:04)
Your Silver Bullet: Planning and Documentation (8:48)

Your IP is your legacy. Plan for its succession, or it could be buried forever.

Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe! You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook" on all major podcast platforms, and at @kingpatentlaw on most social media.

#kingpatentlaw #julieking #intellectualproperty #patent #trademark #tradesecrets #estateplanning #businesstips #brand #branding #horror #halloween #spookyseason

Two Heads Are Better Than One! The IP Synergy of Design Patents and Trade Dress Trademarks

Julie King — Fri, 24 Oct 2025 07:00:00 -0500

The most powerful strategy for protecting the design of a physical product is the dual protection of a design patent and trade dress.

1. Start with the patent: File the design patent application early for a 15-year period of exclusivity.

2. Build the trade dress: Once your product has been around long enough for the public to recognize the design as an indicator of your brand, you have the acquired distinctiveness from secondary meaning needed for trade dress protection.

The Result: When the patent expires, your now-famous look is protected by your perpetually renewable trade dress trademark registration. It's a seamlessly handed-off protection that ensures your unique product can be protected as long as it’s around.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.

You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook" on all major podcast platforms, and at @kingpatentlaw on most social media.

#kingpatentlaw #julieking #intellectualproperty #patent #designpatent #trademark #tradedress #horror #halloween #spookyseason

The Functionality Curse of Protecting Design with Design Patents or Trade Dress Trademarks

Julie King — Thu, 23 Oct 2025 07:00:00 -0500

Both design patents and trade dress have one unfortunate thing in common: functionality of the design can be a killer.

You cannot protect a design feature if it is essential to the product's use or purpose.

The Test: If a unique shape makes the product work better, cheaper, or easier, it's functional and cannot be protected by Trade Dress and will be much harder to protect with a Design Patent.

For example, if the scent of Play-Doh were a byproduct of how it’s made or its essential ingredients, it couldn’t be protected as a trade dress trademark.

If a uniquely thick and textured spoon handle makes it easier for witches with arthritis to grip and stir what’s in their cauldrons, that is functional and belongs in a utility patent. It’s the essential part of the function of the ergonomic handle, so both design patent and trade dress protection for the appearance of the handle are prohibited. However, if the texture just needs to exist and can be in any format, the texture being in a pattern of, say, repeating bats, that pattern on the handle could be protected by a design patent or as trade dress.

The Lesson: If your design is purely aesthetic, a style choice, it's protectable. If it's utilitarian, a necessity, or unavoidable, like a particular color or scent caused by manufacture, it is not. If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.

You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook" on all major podcast platforms, and at @kingpatentlaw on most social media.

#kingpatentlaw #julieking #intellectualproperty #trademark #tradedress #patent #designpatent #horror #halloween #spookyseason

The Shape That Never Dies: Trade Dress Trademark Immortality

Julie King — Wed, 22 Oct 2025 07:00:00 -0500

Trade Dress is a type of trademark that protects the overall look and feel of a product or its packaging. It’s the brand's persistent visual identity.

What it Protects: Elements like a product's distinctive shape, size, color combination, texture, or even the layout of a retail store (think the distinctive look of a McDonald's). The iconic, curvy shape of the Coca-Cola bottle is the textbook example of protected trade dress for product packaging.

The Power: If it successfully identifies the source of your goods to consumers, protection can last indefinitely, as long as you continue to use and defend the mark.

The Catch: It must be non-functional (it can't be required for the product to work better), and for product design itself, it must have Acquired Distinctiveness (Secondary Meaning). This means you have to prove to the USPTO that customers associate that unique shape only with your brand. This takes years of marketing and sales.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.

You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook" on all major podcast platforms, and at @kingpatentlaw on most social media.

#kingpatentlaw #julieking #intellectualproperty #trademark #tradedress #brand #branding #horror #halloween #spookyseason

The Patent of Dorian Gray: Design Patents Protect the Pretty

Julie King — Tue, 21 Oct 2025 07:00:00 -0500

Here’s a Petrifying Patent Fact: For protecting a product, most people only think of utility patents, which protect how something works. But there's also a powerful tool for protecting how it looks: the design patent.

A Design Patent protects the ornamental appearance of an article of manufacture. Think of it as a blueprint for the eye.

• What it Protects: The specific shape, configuration, or surface ornamentation of a product. It's purely aesthetic, not functional.

• The Power: It gives you a 15-year monopoly to prevent others from making, using, or selling a product that is "substantially similar" to your patented design.

• The Advantage: You can get this protection early. Since design patents don't require proof of marketing success, you can file the application before your product even hits the market, giving you a strong, 15-year head start.

• The Catch: It expires. After 15 years, the ornamental design enters the public domain.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.

You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook" on all major podcast platforms, and at @kingpatentlaw on most social media.

#kingpatentlaw #julieking #intellectualproperty #patent #designpatent #horror #halloween #spookyseason

The Two-Headed Monster of Design IP Design Patents and Trade Dress Trademarks

Julie King — Mon, 20 Oct 2025 06:00:00 -0500

How do you protect how your product looks? Today we’re tackling the Two-Headed Monster of Design IP: design patents and trade dress trademarks.

This is where serious protection and some serious money is for innovators in product manufacturing and design.

I’m Julie King of King Patent Law, and welcome to week 4 of this year’s Spooky Season posts!

This week’s topic covers an often-neglected but important way of using intellectual property law to protect your business, which is protecting how your products look.

Utility patents protect how a product works; design IP protects how a product looks. You may need two different types of protection to fully keep your product safe from copycats: design patents and trade dress trademarks.

In this episode:

Head 1: The Design Patent (0:52)

What a Design Patent Protects (1:05)
The Power and Advantages of a Design Patent (1:35)
The Drawbacks of Design Patents (2:52)

Head 2: The Trade Dress Trademark (3:48)

What a Trade Dress Trademark Protects (3:59)
The Power and Advantages of Trade Dress Protection (4:46)
The Drawbacks of Trade Dress (5:08)

Two Heads Are Better Than One: Why You Need Both (6:42)

Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook" on all major podcast platforms, and at @kingpatentlaw on most social media.

#kingpatentlaw #julieking #intellectualproperty #patent #designpatent #trademark #tradedress #brand #branding #horror #halloween #spookyseason

The Ghost of Genericide: When Success Kills Your Brand. A Trademark Tale of Terror

Julie King — Fri, 17 Oct 2025 06:00:00 -0500

Trademark genericide is a real-life horror story! What happens when your brand is too good? It dies of success!

Genericide is the legal process where a trademark (like the original name for aspirin) becomes the common name for an entire type of product. The public no longer thinks of the brand; they think of the item itself.

The Tragic Tale of the Escalator: The word Escalator was once a trademark owned by the Otis Elevator Company. Because consumers started using "escalator" to describe any moving staircase, Otis eventually lost the trademark in 1950. Now, any company can use the word.

The Fix: You must always link your brand name to the generic product name.

• BAD: "Let's take the Escalator."

• GOOD: "Let's take the Otis® brand escalator."

Use your trademark as an adjective, not a noun. Never let your customers use your brand name as a verb! (e.g., Don't "photoshop" that image; use Adobe® Photoshop® software to edit that image.)

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#trademark #intellectualproperty #kingpatentlaw #julieking #trademarktalesofterror #horror #spookyseason #halloween

The Apparition on the Apparel: Brand vs. Decoration. A Trademark Tale of Terror

Julie King — Thu, 16 Oct 2025 06:00:00 -0500

Trademark Terror for T-Shirt Tycoons!

If you’re a designer, a band, or anyone else making and selling apparel, one of the biggest, scariest mistakes you can make is confusing Decoration with Brand Identification.

The Ornamental Trap

To be granted trademark registration, the mark must function as a source identifier. That means consumers must look at the name, logo, or slogan and think: "This is the company that made or sold this."

Here's the terrifying truth about apparel:

1. Ornamental Use is Decoration, Not a Brand: If you print a catchy phrase (like "STAY CREEPY") or a large design prominently across the front of a shirt, the USPTO will usually consider that ornamental use (decoration). People buy it because they like the saying, not because they think the saying is the name of the clothing manufacturer.

2. No Exclusive Rights for Decoration: Unless your mark is already famous (like Nike's JUST DO IT), you cannot stop others from using the exact same phrase ornamentally on their shirts. You were just the first to decorate.

How to Prove You’re a Brand, Not Just a Decorator

To get your mark federally registered on the Principal Register, you must show proper trademark use. Consumers are conditioned to look for the brand in specific, subtle places.

The Ghost (Ornamental Use)

A large, dominant logo on the chest or back.
A catchy, full-front slogan (e.g., "Too Spooky for this Planet").
The design on a coffee mug or poster (decoration).

The Source (Trademark Use)

A small, discrete logo on a pocket or breast.
The name on a sewn-in neck tag or label (where the size and washing instructions are).
The brand name on a hang tag, sticker, or the packaging used to hold the item.

If you're building a clothing line, make sure your brand name or logo is visible in the source-identifying location on the garment itself (the tag, the collar, the hem). That's your best proof that your mark is an actual trademark, not just a spooky apparition!

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#trademark #intellectualproperty #kingpatentlaw #julieking #trademarktalesofterror #horror #spookyseason #halloween

The Power of the Perpetual Trademark. A Trademark Tale of Terror

Julie King — Wed, 15 Oct 2025 06:00:00 -0500

Unlike patents, trademarks can live forever. Patents (like the one for the Ouija board's mechanism) die after about 20 years. Trademarks (like the one for the Oujia brand name) can last forever, provided you keep using them and file the necessary maintenance documents with the USPTO.

A trademark is the only major IP registration that can be renewed indefinitely. This perpetual life is why names like Ouija or Universal Monsters are still highly valuable business assets a century later.

The only magic you have to work to keep the rights alive is to submit your maintenance documents and fees when they’re due, which is at 5 years, 10 years, and every 10 years after that. As the renewal talisman, you have to show examples of the mark in use with the goods or services it’s registered for.

The catch? You must actively use and police your mark. If you stop using it, or if you stop enforcing it against infringers, your mark can become an abandoned "ghost brand."

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#trademark #intellectualproperty #kingpatentlaw #julieking #trademarktalesofterror #horror #spookyseason #halloween

Trademarking a Vibe. A Trademark Tale of Terror

Julie King — Tue, 14 Oct 2025 06:00:00 -0500

Trademarks aren’t limited to the words connected with a brand. Visual elements like logos, packaging, and unique shapes, like a Coca-Cola bottle, can be trademarks, too.

The Universal Monsters movies are protected by a slew of trademark and copyright registrations. Most of the images of the monsters are protected by copyright.

However, Universal also registered the appearance of the Wolfman character as a trademark (Reg. No. 1681501), for “entertainment services in the nature of individuals in costume who entertain at amusement parks.” They did the same for their version of Dracula (Reg. No 3529543), Frankenstein’s monster (Reg. No. 1705502), the Bride of Frankenstein (Reg. No. 1710492), and the Mummy (Reg. No. 3529544). Sadly, they let the registration for the Creature from the Black Lagoon for the same thing expire in 2016 (Reg. No. 1707310). For these registrations, since it’s for people in costume, the drawings are more of a “general gist” of the marks, and the examples of use just have to look pretty similar.

They also have applied just this summer to register the Wolfman (Serial Nos. 99299793, 99299795, and 99299792) and Dracula (Serial Nos. 99299788, 99299785, and 99299781) characters as trademarks for a host of foods and clothing.

I want to pause to note that one of the foods is “meat tenderizers for household purposes.”

The description of the Dracula image is “The mark consists of a male figure wearing a formal suit with a prominent, high-collared cape draped over his shoulders. He is standing with his arms slightly outstretched.”

For the Wolf Man, it’s “The mark consists of a male figure standing, facing forward with his arms slightly outstretched. His head and neck are covered in a dense, shaggy mane of dark fur. His hands, also covered in fur, end in claws. He is dressed in a long-sleeved shirt with two pockets on the chest, and loose-fitting pants.”

What does this mean for you? If you have a highly recognizable image associated with your brand, it doesn’t have to be a logo to be registered as a trademark. However, to get the maximum protection for it, you must register it as a design mark to protect its unique look from copycats. Your aesthetic is your asset!

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#trademark #intellectualproperty #kingpatentlaw #julieking #trademarktalesofterror #horror #spookyseason #halloween

Trademark Classes: Slicing Up the Market. A Trademark Tale of Terror

Julie King — Mon, 13 Oct 2025 06:00:00 -0500

Just because someone else has your name doesn't necessarily mean you're doomed! Trademark protection is categorized by goods and services (Classes). This is how you can have DOVE chocolate and DOVE soap.

There are 45 different classes of goods and services available. Thirty-four are for goods, and 11 are for services. Sometimes it can be tricky to figure out which classes your goods or services fit into. For example, non-downloadable videos and downloadable videos are in different classes. Similarly, printed books are in a different class than downloadable books, and both of those are in different classes than selling books in a retail store.

For your goth clothing line, you'll file in the clothing class (Class 25) and retail, wholesale, brick-and-mortar, and/or online sales (all in Class 35). For your horror-themed brewery, you'll file in the beer/beverages class (Class 32), which is not to be confused with the wines and spirits class (Class 33) and maybe in the bar and restaurant services class (Class 43).

The key is the likelihood of confusion within the relevant marketplace. If a band in L.A. is named "The Crypt Keepers" (Class 9/41) and you run a haunted house business in Chicago called "Crypt Keepers" (Class 44), a strong argument can be made that consumers aren't likely to be confused, so it’s ok for both businesses to have that name.

The more closely related the fields of business, the harder it is to show there isn’t or won’t be confusion. Fangtastic Wines probably would cause confusion with Fangastic Beers, even though they’re in different classes.

Making sure your mark is registered in the right classes is frighteningly important when it comes to proper trademark protection and use. This is an area in which DIY and online trademark services often get it wrong by using the wrong classes or leaving out important ones, especially when it comes to clothing, which is a topic big enough for a separate post. I’ve had to fix plenty of those mistakes.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#trademark #intellectualproperty #kingpatentlaw #julieking #trademarktalesofterror #horror #spookyseason #halloween

Trademark Chainsaw Massacre: Slicing Up Brand Identity. A Trademark Tale of Terror

Julie King — Fri, 10 Oct 2025 20:44:49 -0500

Today I'm talking about Trademark Tales of Terror: specifically, how to stop a competitor from committing a trademark chainsaw massacre on your brand identity.

If a patent protects what your invention does (like the Ouija board’s mechanisms I talked about last week), a trademark protects who is selling it. It’s your name, your logo, your slogan, a signature scent or sound, signature packaging, and more, and it's how your customers instantly recognize and trust you. Without it, your brand is vulnerable to copycats and imposters, the ghouls of the business world.

In this episode:

The Horror of Consumer Confusion (0:38)
Four Ways Your Brand Gets Haunted (2:29)

Literal Infringement (The Doppelgänger) (2:37)
Likelihood of Confusion (The Close Call) (3:09)
Brand Dilution (The Slow Rot) (3:46)
The Curse of Genericide (The Mark That Died of Success) (4:29)

Trademarks Are Nearly Eternal (5:44)

Don't let your brand name be hacked up and stolen. Conduct a thorough trademark clearance search, register your trademarks, be on the lookout for trouble, and be prepared to defend them. That's the only way to ensure your brand lives forever!

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe! You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook " on all major podcast platforms, and at @kingpatentlaw on most social media.

#intellectualproperty #trademark #trademarktalesofterror #law #horrorlaw #horror #kingpatentlaw #julieking

The Petrifying Patent Peril of Weak Patent Claims, featuring the Ouija® board

Julie King — Fri, 10 Oct 2025 07:00:00 -0500

The scariest part of a patent to would-be infringers isn't the drawing; it's the claims section.

The claims are the numbered sentences at the end of the patent that legally define the precise scope of protection. If it's not in a claim, it's not truly protected! That’s why it’s of the utmost importance to have strong, well-written claims that properly cover everything you want to protect.

The claims in the Ouija board patent, US Patent 446,054, narrowly defined the board and its indicator. If a competitor made a board with a different shape or a different indicator, they may have avoided infringement. Indeed, many did!

The level of detail in patent claims is important. Too broad, and they probably won’t be granted. Too narrow, and it will be harder to prove infringement if someone makes something slightly different.

This is something DIY applicants and online patent mill services often get wrong. The thing is, you won’t know if they’re not good until either years pass and the application is rejected or you have trouble showing something slightly different is infringement.

Don't let your claims be weak! Working with an experienced patent attorney to craft precise, properly scoped claims is the best way to build a protective fortress around your invention.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#patent #intellectualproperty #kingpatentlaw #julieking #petrifyingpatents #horror #spookyseason #halloween

The USPTO’s New AI Pre-Examination Pilot Program: Helpful or Hype?

Julie King — Thu, 09 Oct 2025 13:56:11 -0500

Don't Believe the Hype

The USPTO is going to put some new applications through an AI search and give applicants “an initial communication identifying a ‘top ten list’ of potential prior art issues in need of attention.”

Too soon. I don’t have confidence in an unsupervised AI tool like this. The technology isn’t there yet and will likely give applicants, especially pro se applicants, some misleading and confusing results along with the helpful ones.
Wrong stage. The best use of this kind of USPTO AI tool would be to have it available for applicants to use BEFORE filing, since once something is filed, the scope of allowable changes is limited.
Doesn’t replace a patentability search. This doesn’t replace having a thorough patentability search done before moving forward with an application, and I’m concerned laypersons will think otherwise.
Patent examiners think it’s a problem. From what I’m hearing from patent examiners, it sounds like (a) they think this AI tool isn’t very good yet and (b) that it is the first step in transitioning eventually to largely AI examination. Once again, the AI technology is absolutely not there yet. Can it help? Sure. Can it replace a human examiner? Not even close. (N.b. my master’s degree concentrated in AI, natural language processing, and LLMs.)
Pay to play. Of course, there is a fee to pay to participate in the pilot program.
Propaganda. Don’t buy that line about the USPTO Director’s “commitment to dramatically improve examination quality.” What he’s doing to examiners behind the scenes is absolutely counterproductive to that goal.

This program could be useful to some applicants, but it’s definitely overpromising and trying to draw attention away from the chaos and poor treatment of examiners happening at the USPTO. It’s almost like the leadership is trying to break it so it can be turned over to a private company to handle. I’m NOT happy about my clients paying the same fees for poorer quality examination, and that’s exactly what’s going to happen thanks to new policies about examiner quotas and limits on their ability to help applicants.

Patents Have to Die. Trademarks Don't. Featuring the Ouija® board

Julie King — Thu, 09 Oct 2025 07:00:00 -0500

The original Ouija board patent expired in 1908, and the claims to the invention, a letter board, a planchette, and the way they worked together, went into the public domain. These days, utility patents for how something works last for 20 years. Design patents for how something looks last 15 years.

Once patent rights expire, there is no resurrecting them from the dead. At that time, your success depends on competing with imitators on quality, price, service, and name recognition.

The moment that patent expired, competitors could make their own identical or similar talking boards. However, only the company that protected the name as a trademark could claim ownership of the valuable brand.

Unlike patents, trademark registrations can be renewed indefinitely and even, in a way, resurrected after accidental death. That’s why there are many talking boards for sale, but only one named Ouija.

• Patent: A temporary monopoly on the invention (20 years for Utility, 15 for Design).

• Trademark: Perpetual protection on the brand name/logo as long as you use it (like the name OUIJA).

You need both patents and trademarks to protect your invention and your brand for the long haul!

Don't let your creative work or business become a ghost story. Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#patent #intellectualproperty #kingpatentlaw #julieking #petrifyingpatents #horror #spookyseason #halloween

The Petrifying Patent Peril of Public Disclosure, featuring the Ouija® board

Julie King — Wed, 08 Oct 2025 07:00:00 -0500

I’m hammering home a petrifying patent pitfall that often hits inventors hard: the 12-month on-sale bar.

Let’s look to the sad tale of inventor Lawrence Pfaff and his failed patent for an electronic socket. He missed his application deadline by just 11 days after the first day he offered his invention for sale. Waiting for 12 months and 11 days after that initial on-sale date destroyed his ability to obtain any patent rights.

In the US, you have a one-year grace period from the date of your first public disclosure (selling, offering to sell, or publishing) to file your patent application. Missing that deadline means your potential patent rights become ghostly. You won’t be able to receive a patent, and that means you won’t be able to stop others from making or selling it.

Filing before public disclosure is the silver bullet to protect your invention. Using non-disclosure agreements, or NDAs, can help you keep your invention private until you’re ready to make it public and have legal remedies if anyone who signed it violates the terms.

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#patent #intellectualproperty #kingpatentlaw #julieking #petrifyingpatents #horror #spookyseason #halloween

The Petrifying Patent Pitfall of Trying to Patent the Unpatentable, featuring the Ouija® board

Julie King — Tue, 07 Oct 2025 07:00:00 -0500

People often assume the Ouija board patent protected the "spirit communication." NO!

A utility patent (like the original Ouija patent US446054) only protects the functional parts of an invention: how it works, how it’s made, or what it does.

The Ouija patent protected the specific arrangement of the letters and the moving indicator as a game device. It had nothing to do with the claim of contacting the deceased.

An invention must be capable of working as described and can’t be an abstract concept. You can’t prove the paranormal is behind the functioning, so the paranormal part can’t be given a patent.

You can patent the machine, but not the magic. What specific scientifically provable mechanism or process is unique about your invention? That’s where the value and the protection lie!

You don't have to face the darkness alone. To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#patent #intellectualproperty #kingpatentlaw #julieking #petrifyingpatents #horror #spookyseason #halloween

Patenting the Paranormal: The Terrifying History of the Ouija Board

Julie King — Mon, 06 Oct 2025 07:00:00 -0500

Buckle up, my beasties, because we’re about to do a deep dive into divination patents.

This week, we’re going to look at one of the most famous, and creepiest, game-related patents ever granted: the patent for the Ouija board. Now, buckle up, my beasties, because we’re about to do a deep dive into divination patents.

Most people think of patents for things like new surgical tools or smartphone features. But a patent can be granted for any new and useful process, machine, manufacture, or composition of matter, and yes, that includes a paranormal-themed game!

Let’s look at the most famous horror board game of the century. You know it. You may be scared of it. If Regan McNeal had left hers alone, Captain Howdy might have looked elsewhere. Movies have been spawned from it. It’s been in countless tv shows. It’s been around for long, long years under several names and has possibly stolen many a man’s soul and faith.

In this episode:

The Ghost in the Patent Machine: Protecting the unique operation and construction of the device as a toy or game, NOT as a spirit medium (1:05)
The Life and Death of a Patent: The story of the Ouija board is a perfect lesson in the limited lifespan of a patent (3:57)
Protecting the Paranormal: What parts of spooky games can be patented, trademarked, and copyrighted (7:34)

#patent #intellectualproperty #kingpatentlaw #julieking #petrifyingpatents

A Trade Secret Grave Mistake: Not Having an NDA

Julie King — Fri, 03 Oct 2025 07:00:00 -0500

Failing to protect your confidential business information is not only a grave mistake; it can be fatal. Trade secrets aren't just for big corporations like Coca-Cola. Your business might have a special recipe, a unique marketing plan, or a customer list that needs protection.

Say you’ve made a new slime formula that will make running a seasonal haunted house less expensive and won’t stain visitors’ clothes. Your business depends on big sales to the companies that run the haunted houses. You didn’t bother with a patent because you didn’t want the formula to be public when the patent is published, or have the rights expire after 20 years. You didn’t have employees sign non-disclosure agreements, also commonly called NDAs and confidentiality agreements, and there’s nothing in their employment agreements about keeping confidential company information quiet. You start to see something being sold by a new competitor that seems suspiciously like your product, but at half the price. The haunted house companies switch to their product, you lose your business, and you are going to have a much harder time going after any employee who leaked the formula than you would have if they’d signed an NDA.

Don’t let your business secrets be a business tragedy. Talk with an intellectual property attorney about the best ways to keep them secret so you can keep doing what you do best and not be up at 3:00 am, wondering if you’re protected against loose lips. That’s the time for worrying about the thing that may be under the bed.

To learn more about protecting your creations, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.

If you’d like to consult with me, please book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

You can find all of my other frighteningly good content on intellectual property and business law issues here on Substack, on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook " on all major podcast platforms (video on YouTube, Spotify, and Substack only), and on most social media as @kingpatentlaw.

#intellectualproperty #nondisclosure #confidentiality #tradesecret #NDA #law #horrorlaw #horror #kingpatentlaw #julieking

The #1 Copyright Grave Mistake

Julie King — Thu, 02 Oct 2025 07:00:00 -0500

What’s the #1 copyright grave mistake? It’s assuming your work is fully protected by default. While copyright does exist the moment you create something, if you want to sue an infringer for maximum damages, you MUST have a copyright registration, and you must get it within relevant deadlines. Without it, you're a cursed creator.

Here's a Real-Life Example: Artists and authors are fighting back against AI companies that use their work to train models without permission. The fight is much easier with a federal copyright registration in hand! Some publishers didn’t comply with the contract terms and register the copyrights to publications, so the authors were left out of the biggest part of the settlement.

Don't get buried alive by a grave mistake about copyright registration. Make sure you register and ideally do so before infringement happens.

If you’d like to consult with me, please book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#intellectualproperty #copyright #law #horrorlaw #horror #kingpatentlaw #julieking

A Patent Grave Mistake: Public Disclosure

Julie King — Wed, 01 Oct 2025 07:00:00 -0500

Publicly disclosing your invention before you file a patent application can be a grave mistake. This is one of the most terrifying things an inventor can do. In the U.S., you can lose your right to patent your invention if you talk about it publicly more than one year before you file. In some countries, once it’s public, there’s a shorter grace period or no grace period at all.

Imagine showing off your prototype at a trade show to excited buyers. Then you get busy, and time flies past you. You keep meaning to file a patent application but also keep forgetting to take any steps toward actually doing that. Six months go by, and you’ve lost your ability to get patent protection in the UK and much of Europe. Then it’s 12 months, and you’ve lost your ability to get a patent in the US, Canada, and Mexico.

Don't fall into this open grave! It’s best to keep your brilliant ideas secret until you’ve talked with a patent attorney about the timing of making things public and filing patent applications.

If you’d like to consult with me, please book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#intellectualproperty #patent #inventor #law #horrorlaw #horror #kingpatentlaw #julieking

The #1 Trademark Grave Mistake

Julie King — Tue, 30 Sep 2025 18:08:45 -0500

What’s the scariest thing you can do with your business name? Skipping a trademark search. I see this nightmare all the time: a new business invests in branding, only to get a cease-and-desist letter because they unknowingly used a name that was already taken. They have to rebrand asap and maybe pay the other company damages. It's a costly and terrifying mistake.

Here’s a Real-Life Example: In 2020, New Comic Company, LLC, filed a suit for, among other intellectual property violations, trademark infringement, against Richard Sala, who ran Warrant Publishing Company. Why? New Comic Company owned the trademark rights to the word “Creepy” in relation to horror magazines, having published such a magazine with that title for years. Sala started a horror magazine called “The Creeps.” Before either side lost all their money in litigation, they reached a settlement in which Sala had to rebrand the magazine to “Shudder” in the fall of 2021. I think THAT name is a problem, because there is a horror streaming channel named “Shudder,” and I think people could be confused about whether the two businesses are related. It doesn’t look like AMC felt the need to go after Warrant Publishing, though.

A little foresight goes a long way, so when a business owner comes to me with a great idea for a name, the first thing we do is figure out if the name they've chosen is a horrifying liability or a truly valuable asset.

You don't want to build your entire brand on a foundation that could crumble under the weight of a cease-and-desist letter. Do your due diligence and hire an experienced trademark attorney to help you protect your brand's future.

Don't let your creative work or business become a legal horror story. Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.

If you’d like to consult with me, please book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe! You can find all of my other frighteningly good content on intellectual property and business law issues here on Substack, on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook " on all major podcast platforms (video on YouTube, Spotify, and Substack only), and on most social media as @kingpatentlaw.

#intellectualproperty #trademark #law #horrorlaw #horror #kingpatentlaw #julieking

Grave Mistakes in Intellectual Property: Patents, Trademarks, Copyright, and Confidentiality

Julie King — Mon, 29 Sep 2025 07:00:00 -0500

I hear too often from business owners who’ve lost their brand name, their unique invention, or their artistic work because of one thing: a grave mistake in intellectual property.

Welcome to the first week of Spooky Season! I’m Julie King from King Patent Law, and this time of year, I love talking about the very real horrors of intellectual property gone wrong.

Today we’ll step into the graveyard of abandoned ideas, haunted by the ghosts of forgotten brands and the withered remains of failed inventions.

I'll include a few examples of some real-life horrors.

In this episode:

The Trademark Tombstone (0:41)
Apple Corp v Apple Computers (1:46)
The Copyright Crypt (2:45)
Recent AI scraping case problems (3:21)
The Patent Plot (3:42)
Public disclosure problems (4:01)
Risks of not doing a patentability search (4:52)
Accidental infringement (5:42)
The Trade Secret Tragedy (6:17)
How to Avoid the Grave Mistakes (7:07)
More Content and Work with Julie King (7:56)

In the coming weeks, we’ll dive deeper into each of these topics, from patenting paranormal inventions to trademarking horror-related brand identifiers.

Until then, don't let your business become one of the residents of the intellectual property graveyard. There are four essential tools you can use to protect your creations and your business: patents, trademarks, copyrights, and trade secrets. Each one is a stake through the heart of potential legal problems, and you've got to know how to use them.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe! You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook " on all major podcast platforms, and at @kingpatentlaw on most social media.

Most Lawyers Aren’t Vampires!

Julie King — Fri, 26 Sep 2025 07:00:00 -0500

I get it. The word "lawyer" can be a little spooky. You might be afraid we’re going to be a blood-sucking vampire who costs a fortune, or a snobby monster who makes you feel stupid with all their jargon.

But a good intellectual property lawyer is actually on your side! We're here to help you save time, avoid legal pitfalls, and secure your brand's future. We can even save you money by making sure you’re not wasting it on patent and trademark applications doomed to fail or contracts that don’t do what you need them to do.

It’s true, we usually aren’t cheap, but that’s because we’ve spent years developing knowledge and experience that can bring great value to you. Our goal is to empower you, not to bleed you dry.

While there are a few monsters among us, that’s true for any profession. Most of us truly just want to help you and charge reasonable fees. A consultation is a great way to make sure you’re hiring a monstrously good lawyer, not getting the equivalent of a rotten apple or dental floss in the Halloween

candy bucket.

Don't let the fear of a scary lawyer keep you from getting the protection your creations, business, and brand need.

For more videos like this, follow me on social media and subscribe to this channel!

Finally, this is not legal advice, and I’m not your lawyer. Consult an attorney (maybe me!) about your specific situation.

The Scary #1 Reason Do-It-Yourself / DIY Patent Applications Get Denied

Julie King — Thu, 25 Sep 2025 07:00:00 -0500

Are you ready to file a patent application on your own? Think twice. The process isn't just about a good idea; it's a legal minefield, or like the people trying to escape the psycho killer in a horror movie who run into a barn full of sharp objects. You need to be incredibly careful to make sure you’re taking the right steps.

The number one reason do-it-yourself patent applications fail is because of prior art. This is a terrifying legal term for anything that already exists, like a patent, a product, or a publication, that proves your invention isn't truly new. It’s the specter of all that came before, haunting your claim to originality.

This is why a thorough prior art search is so important before you file. It's the first step to ensuring your invention is unique enough to warrant a patent. Think of it as confronting the ghost of inventions past. If you don't have a thorough, professional patentability search done to help you face the prior art phantoms, your application could be dead on arrival.

For more videos like this, follow me on social media and subscribe to this channel!

Finally, this is not legal advice, and I’m not your lawyer. Consult an attorney (maybe me!) about your specific situation.

The Horrifying #1 Reason Do-It-Yourself / DIY Trademark Applications Get Denied

Julie King — Wed, 24 Sep 2025 07:00:00 -0500

Got a great name for your company and you’re ready to file a trademark application? Stop!

Don't let your brand become a victim. The number one reason a DIY trademark application gets denied is because another entity is already using an identical or confusingly similar name. It's like a brand doppelgänger!

This is why a thorough trademark search is the first, most critical step. Think of it as your brand's protective ritual against unseen threats. It helps you uncover any lurking dangers and ensures your mark is unique, saving you from a terrifying and costly denial.

Don't let your brand's story end in a tragic tale of infringement. Your best protection against that is to hire a professional to help you discover those lurking horrors.

For more videos like this, follow me on social media and subscribe to this channel!

Finally, this is not legal advice, and I’m not your lawyer. Consult an attorney (maybe me!) about your specific situation.

You're Gonna Need a Bigger Boat: When to Hire an Intellectual Property Lawyer

Julie King — Tue, 23 Sep 2025 06:30:00 -0500

Are you trying to decide whether to hire an intellectual property lawyer or tackle some IP legal work yourself?

If you're just registering a simple copyright on one song or a book, you might be able to handle it yourself. But if you're building a brand, a business, or an IP portfolio you want to last and give you the maximum protection, you should consider hiring a pro.

We can help you with strategy, doing things the right way, and making sure you don’t waste money on patent and trademark applications doomed to fail.

If hiring an attorney for full services absolutely isn’t in your budget, it’s worth spending a little to get some guidance on how to avoid common DIY problems and to point you in the right direction to achieve your goals.

A lawyer is an investment in your future. We help you avoid costly mistakes and give you confidence that your IP is protected in the right way.

Standing at the Crossroads: Should You DIY or Work with an Intellectual Property Lawyer?

Julie King — Mon, 22 Sep 2025 07:00:00 -0500

To DIY or not to DIY, that is the question many creators and entrepreneurs ask themselves when it comes to applying to register their intellectual property or take other steps to protect it. What’s the answer? That depends on a variety of factors, and I’ll be going over that today.

You know you need to protect your work, but you've reached a crossroads. The question is: do you walk the path alone or bring a guide?

Most creators and entrepreneurs, especially those in the indie space, are DIY warriors. You write your own scripts, you create products, you design your own merchandise, you do your own marketing. It's in your blood. Naturally, when it comes to intellectual property, you might be tempted to handle it all yourself. The truth is, sometimes you can.

The key is knowing when DIY is fine, and when to bring the right professional with a lantern to light the way.

In this episode:

The Self-Help Path: Walking the Foggy Road Alone (1:46)

Jargon Can Be a Trap (2:26)
Not Having a Professional Trademark Search or Patent Search Done Means Your Foundations Could Be Ready to Crumble at Any Time (2:49)
Copyright Registration is Not Always Simple (3:46)

Real Case Example (4:04)
The Professional Path: Bringing Your Wizard (4:48)
- Professional Search (5:08)
- Correct Classification and Filing (5:30)
- Strategy (5:48)
- Personal Legal Advocate (6:08)

#KingPatentLaw #IPLawyer #IntellectualProperty #JulieKing #DIYLegal #DIYPatent #HorrorLaw #IntellectualProperty #LegalHelp #LegalMistakes #LegalMyths #LegalTips #SmallBusiness #Patent #Trademark

What Happens to Your Work When You’re Gone? Don't Let Your Work Die with You

Julie King — Fri, 19 Sep 2025 07:30:00 -0500

Here's a spooky thought: what happens to your work after you're gone?

If you don't have a plan, your creative legacy could get lost in legal hell. But if you've registered your intellectual property and included it in your estate plan and your business succession plan, you can ensure that your work and brands continue to generate income for your loved ones and business partners.

Don't let your hard work die with you. Secure your legacy with solid intellectual property planning and let your work live on.

For more videos like this, follow me on social media and subscribe to this channel!

Finally, this is not legal advice, and I’m not your lawyer. Consult an attorney (maybe me!) for your specific situation.

You don't have to face the darkness alone. To learn more about protecting your art, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#copyright #trademark #patent #businesstips #smallbusinesstips #law #intellectualproperty #lawyer

Is My Business Valuable Without Intellectual Property (IP)? The Unseen Asset of Your Business

Julie King — Thu, 18 Sep 2025 07:30:00 -0500

Think of your business. What makes it valuable? The name, the products, and the brand.

Your intellectual property, your copyrights, trademarks, patents, and trade secrets, are valuable assets. They can be bought, sold, and licensed. They also add what’s called “goodwill” value, which is the powerful reputation you’ve built that goes along with them. Having a strong IP portfolio makes your business more valuable and more attractive to investors.

Don't think of your work as just the core of what you do. Think of the intellectual property rights that go along with it as business assets and investments, and protect them accordingly!

For more videos like this, follow me on social media and subscribe to this channel!

Finally, this is not legal advice, and I’m not your lawyer. Consult an attorney (maybe me!) for your specific situation.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#copyright #trademark #patent #licensing #businesstips #smallbusinesstips #law #intellectualproperty #lawyer

How Do I Protect My Brand? Defeating the Doppelgänger in the Marketplace

Julie King — Wed, 17 Sep 2025 07:30:00 -0500

You spent years building your name and brand. You poured your blood, sweat, and tears into it. So, what happens when a knockoff tries to use a similar name or logo?

Your federally registered trademark is your brand's security system. It gives you the legal power to stop impostors from using a confusingly similar name or logo in your industry.

Think of the brand loyalty you’ve built with your customers. Your trademark protects that loyalty and the revenue it brings in from doppelgangers who want to ride your coattails and poach your clients.

For more videos like this, follow me on social media and subscribe to this channel!

Finally, this is not legal advice, and I’m not your lawyer. Consult an attorney (maybe me!) for your specific situation.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#trademark #businesstips #smallbusinesstips #law #intellectualproperty #lawyer

What Is Licensing and Can It Make Me Money? Licensing Your Scream

Julie King — Tue, 16 Sep 2025 07:30:00 -0500

Are you a creative business owner who wants to get paid for your work again and again? It's time to learn how to license your scream!

Licensing is when you give someone permission to use your copyrighted, trademarked, patented, or proprietary work in exchange for a fee.

For example, a big studio wants to use a character from your indie film. Or a brand wants to use your graphics in their social media campaign. You can get paid every time they do.

Licensing turns your art into a source of passive income. Don’t just sell your work once; license it for a lifetime!

For more videos like this, follow me on social media and subscribe to this channel!

Finally, this is not legal advice, and I’m not your lawyer. Consult an attorney (maybe me!) for your specific situation.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#copyright #trademark #patent #licensing #businesstips #smallbusinesstips #law #intellectualproperty #lawyer

Why Should You Protect Your Intellectual Property? The Frighteningly Good Power of Patents, Trademarks, Copyrights, and Trade Secrets

Julie King — Sun, 14 Sep 2025 20:22:18 -0500

Why Should You Protect Your Intellectual Property? The Frighteningly Good Power of Patents, Trademarks, Copyrights, and Trade Secrets

Why should you care about protecting your intellectual property? Because your creative work and your name are more than that; they’re the foundation of a frighteningly powerful brand and business.

What’s up, everyone? I’m Julie King, welcoming you back to “Know Your Rights,” or more aptly this time of year, “Know Your Frights: Your Spooky IP and Business Law Playbook!” Last week, we talked about what intellectual property is and isn't. But now, we're going to get to the real telltale heart of the matter.

Today, we’re tackling a question that should be on every entrepreneur's mind: Why should I protect my intellectual property? The short answer? Because your business isn't just what you sell; it's the work behind that and the brand you've built, and those can be monstrously valuable assets in their own right. Intellectual property, or IP, protection isn't just a shield to defend your work; it's the treasure chest that helps you build value, generate revenue, and secure your financial future.

Now, let's talk about how you turn your IP into a monstrously powerful business tool by using the spells in the book of intellectual property law magic.

In this episode:

A Steel Shield of Defense (1:09)
The Alchemy of Intellectual Property Profit (2:45)
Building a Frighteningly Powerful Brand (4:19)
Securing Your Legacy to Ensure Your IP is (Almost) Eternal (5:04)

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe! You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook " on all major podcast platforms, and at @kingpatentlaw on most social media.

#copyright #trademark #patent #tradesecrets #businesstips #smallbusinesstips #brand #branding #intellectualproperty #law #lawyer

Don’t Let Your Business Secrets Escape! Trade secrets and confidential/proprietary information

Julie King — Fri, 12 Sep 2025 08:00:00 -0500

Got a special effects secret? A unique makeup formula? That may be a trade secret. If it doesn’t quite qualify as a trade secret, it’s still proprietary and/or confidential information.

Here’s the thing: Those kinds of secrets are only protected as long as you keep them, well, a secret. If you post your special formula on your social media, you’ve just released it from its cage. It's gone. You can’t put it back in.

The key to trade secrets and other sensitive information is taking reasonable steps to keep it confidential. That means non-disclosure agreements, or NDAs, secure storage, limited access, and not sharing it with the world or untrustworthy people! Even the nicest Dr. Jekyll can turn into Mr. Hyde if they become inspired to ruin you by disclosing your secrets.

You don't have to face the darkness alone. To learn more about protecting your art, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights: Your IP and Business Law Playbook " on all major podcast platforms (video on Spotify, YouTube, Substack, and TikTok only), and at @kingpatentlaw on most social media.

#copyright #trademark #patent #tradesecrets #businesstips #intellectualproperty #law #lawyer

The Jump Scare of Patents: Why Does Patent Law Require Inventions to Be 'Non-Obvious'?

Julie King — Thu, 11 Sep 2025 08:00:00 -0500

What does it mean for an invention to be “obvious,” beyond that you can't get a patent on an invention if it is?

The obviousness issue with patents means your invention has to be a true step forward, not something a professional in your field would figure out easily.

A new guitar pedal that just adds an existing type of reverb in a slightly different way? Probably not patentable. But a pedal that uses a totally new principle to create a sound no one has ever heard before? Now you're talking.

If you’re a special effects artist and invent an improvement on realistic-looking prop body parts by adding something common in the toolkit of special effects artists. That may be considered “obvious.” But if you use a material that’s from, say, the automotive industry that’s kind of a wild idea to use? Groovy!

The law rewards true innovation. Don’t just be obvious. Be original and think of unexpected solutions to problems!

You don't have to face the darkness alone. To learn more about protecting your art, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#patentlaw #businesstips #smallbusinesstips #intellectualproperty #law #lawyer

Does Your Business Name Suck? Why a Generic or Descriptive Name Can't Be a Trademark

Julie King — Wed, 10 Sep 2025 08:00:00 -0500

Are you starting a dark and unusual boutique? Is your name... "The Goth Shop"?

You may want to rethink that. Trademarks are meant to identify the source of your goods. A generic name like "The Goth Shop," “Occult Emporium,” or “Curl Up and Die” is just too common to identify a specific source. The law won't let you lock down a name that many other spooky stores already use.

Those names also suffer from being descriptive. Names that merely describe what you do, what you sell, etc., can’t be protected by trademark law. You aren’t allowed to take common descriptive terms away from everyone else.

Want to build a strong brand? Choose a name that’s arbitrary, fanciful, or suggestive. Think of “The Cure.” Those words have nothing to do with music, so they can be a powerful, protected trademark for a band. Even “Spirit Halloween” is more than just descriptive. It’s the addition of “Spirit” that does that. That’s why they aren’t named “Halloween Emporium.”

Choose a name that's unforgettable, not just descriptive or common!

You don't have to face the darkness alone. To learn more about protecting your art, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#trademark # #businesstips #smallbusinesstips #brand #branding #intellectualproperty #law #lawyer

Can You Copyright Your Killer Idea?

Julie King — Tue, 09 Sep 2025 12:10:44 -0500

Got a killer idea for a horror movie? Great! But here's a spooky truth: You can't copyright a mere idea.

Copyright only protects the expression of that idea. That means your written screenplay, your finished film, your special effects makeup design, all of those can be protected.

The idea of a vampire? That's not protectable. That's why you see so many movies and books with similar concepts. But Bram Stoker’s novel and the movies based on it? Absolutely protectable by copyright.

So, don't just have a great idea. Get to work and turn it into a great piece of art.

You don't have to face the darkness alone. To learn more about protecting your art, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I'm an attorney in Champaign-Urbana, Illinois, and I serve intellectual property clients nationwide.

If this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe!

#copyright #businesstips #smallbusinesstips #law #intellectualproperty #lawyer

What Can’t Intellectual Property Law Protect? Not Every Idea Is a Real Monster

Julie King — Mon, 08 Sep 2025 11:21:18 -0500

In a horror movie, you think the monster is a werewolf, but it's just a guy in a hairy suit. The same can be true with intellectual property. Not every idea, name, or concept is a valuable asset you can protect. Knowing the difference can save you a ton of time, money, and heartache.

Welcome to Know Your Rights, or more aptly this time of year, Know Your Frights, your spooky playbook for intellectual property and business law. Last week, we talked about the big, scary monsters of intellectual property you can use for protection: patents, trademarks, copyrights, and trade secrets.

This week, we’re going to talk about the things that look like great monster ideas but are actually just, well, not what they appear to be, and nothing that can be protected by IP law.

Creators, especially those in the indie space, often have big ideas and assume every single one is a valuable piece of IP. Totally understandable, and it’s crucial to believe in your work! But the law isn’t always on your side, so this week, I’ll go over what isn’t truly protectable and why. This information will help you be like the "final girl" in a slasher film: the one who knows the rules and avoids the classic mistakes that get everyone else killed.

So, let's pull back the curtain and look at what lacks the substance to be protected.

In this episode:

Can I Copyright My Killer Idea? (1:34)
The Jump Scare of Patents: The Non-Obvious Rule (2:41)
Does Your Business Name Suck? Why a Generic or Descriptive Name Can't Be a Trademark (4:17)
When Protection Dies: Expiration of Rights and the Public Domain (5:19)

Also, I nerd out about Dracula (7:19).

#copyright #trademark #patent #tradesecrets #businesstips #smallbusinesstips #brand #branding #intellectualproperty #law #lawyer

Keep Your Business Secrets Secret! Trade Secrets and Other Confidential Information

Julie King — Fri, 05 Sep 2025 08:00:00 -0500

Think you’re safe because you locked down protection through copyrights, trademarks, or patents? Maybe you've got a trade secret you need to protect, too.

A trade secret is any confidential information that gives you a business advantage, like a proprietary makeup formula for your horror-themed clothing and accessories line, a confidential list of vendors, or a unique process for a film effect. Sometimes it makes more sense to keep something secret than to make it public through a patent, and sometimes there’s no other way to protect it than to keep it secret.

The key is that you must take reasonable steps to keep it a secret. If you post it online, it's out in the open, and it loses its protection. Make Igor sign a non-disclosure agreement! Keep that secret formula locked down!

You don't have to face the darkness alone. To learn more about protecting your art, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I'm an attorney in Champaign-Urbana, Illinois, but I serve intellectual property clients nationwide.

And if this episode helped you survive the horror of learning about how to protect and manage your intellectual property and business, please like and subscribe! You can find all of my other frighteningly good content on the King Patent Law website, at "Know Your Rights" on all major podcast platforms, and at @kingpatentlaw on most social media.

#tradesecrets #businesstips #smallbusinesstips #law #intellectualproperty #lawyer #nondisclosureagreement #nda

Patents: What Dr. Frankenstein Could Have Used to Protect His Monster

Julie King — Thu, 04 Sep 2025 08:00:00 -0500

Patents! They sound boring, but for the mad scientists out there, they're pure gold.

Patents protect new, useful, and non-obvious inventions. It’s not for your song or screenplay. It’s for the gear.

For example, maybe you invented a new way to create fog for a haunted house or a unique lighting setup for a concert. If it's new and not obvious, it might be patentable.

Patents are the ultimate badass way to lock down your technology. They might not ward off angry villagers with pitchforks, but they can ward off copycats who want to steal your big idea.

You don't have to face the darkness alone. To learn more about protecting your art, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I'm an attorney in Champaign-Urbana, Illinois, but I serve intellectual property clients nationwide.

#patent #businesstips #smallbusinesstips #law #intellectualproperty #lawyer

Trademark vs. Copyright: Don't Confuse the Monsters!

Julie King — Wed, 03 Sep 2025 08:00:00 -0500

What’s spooky? Not knowing the difference between copyright and trademark.

So, you've got a band. You wrote a song, and you've got a cool band name. Or maybe you run a boutique with a cool name, and you make art you sell in it. Which one is protected by copyright and which one is protected by trademarks?

It’s an easy mistake to make! Your song, lyrics, and album art are protected by copyright. Same with most art you make.

But your band name and logo, or your boutique name and logo? Those are protected by trademarks.

Copyright protects the creative work itself. Trademarks protect the brand that sells the work. They are two different monsters you need to tame to protect your creative empire.

You don't have to face the darkness alone. To learn more about protecting your art, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I'm an attorney in Champaign-Urbana, Illinois, but I serve intellectual property clients nationwide.

#copyright #trademark #businesstips #smallbusinesstips #brand #branding #law #intellectualproperty

When is your work copyrighted?

Julie King — Tue, 02 Sep 2025 14:00:00 -0500

The answer is: the moment you create it.

Your original song, screenplay, or painting is protected by the spirit of copyright the moment you "fix it in a tangible medium," like writing it down, recording it, or painting it.

That automatic protection is great, but to really scare off thieves and sue for infringement, you need to register it with the U.S. Copyright Office. It’s an easy process that gives you a lot of power.

Don't let your creative legacy fade. Lock it down.

You don't have to face the darkness alone. To learn more about protecting your art, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com. I'm an attorney in Champaign-Urbana, Illinois, but I serve intellectual property clients nationwide.

#copyright #trademark #patent #tradesecrets #businesstips #smallbusinesstips #brand #branding #law #intellectualproperty

The Four Horsemen of a Brand's Apocalypse (and How to Tame Them)

Julie King — Tue, 02 Sep 2025 13:09:28 -0500

Don't let your creative work become a ghost story. It’s time to learn how to tame the four horsemen of your brand’s apocalypse: the four main types of intellectual property. Think of these as your personal tools of terror. They’re your spells, your chainsaws, and your flamethrowers against anyone who dares to rip you off.

So, let's pull back the curtain and get to know our monsters: Copyright, Trademarks, Patents, and Trade Secrets!

This episode covers:

The Ghost in the Machine: Copyright (1:40)
The Brand Monster: Trademarks (2:56)
The Mad Scientist: Patents (4:01)
The Secrets Lurking in the Haunted Mansion: Trade Secrets (5:13)
Conclusion and Contact Information (6:50)

Intellectual property is one of the most terrifyingly useful tools you have. If you're a creator or other entrepreneur ready to build a frighteningly powerful brand, you need to know how to use it.

You don't have to face the darkness alone. To learn more about protecting your art, your name, your business, and your legacy, you can book a consultation with me at kingpatentlaw.com.

If this post helped you survive the horror of learning about how to protect and manage your intellectual property and business, please subscribe! You can find all of my other frighteningly good content here, on the King Patent Law website, at “Know Your Rights” on all major podcast platforms, and at @kingpatentlaw on most social media.

#copyright #trademark #patent #tradesecrets #businesstips #smallbusinesstips #brand #branding #law #intellectualproperty #horror #spooky #halloween

4 Ways to Avoid Trademark Infringement Trouble

Julie King — Thu, 28 Aug 2025 09:00:00 -0500

Here are 4 Ways to Avoid Trademark Infringement Trouble

Do a Trademark Search Before You Name Your Business. A quick Google search isn’t enough. Check the U.S. Patent and Trademark Office (USPTO) database to see if a similar name is already registered.
Do a Trademark Search Even If You’ve Already Named Your Business. It’s NOT too late. It’s better to find out sooner than later that you’re risking an infringement action. If that’s the case, you can work on rebranding right away and maybe get that done before any trouble happens.
Consult a Trademark Attorney. We can help you assess the risk of infringement before you invest in branding, once your business is up and running, or at any time, really!
Be Prepared to Change Your Name If Needed. If you get a cease-and-desist letter, ignoring it could lead to an expensive lawsuit. Consult a trademark attorney to see what the best response is. It’s often better to rebrand early than fight a losing legal battle.

#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

Why Are Trademark Owners So Aggressive About Infringement?

Julie King — Wed, 27 Aug 2025 09:00:00 -0500

Trademark owners aren’t just being aggressive when they search for infringement, send cease-and-desist letters, or file lawsuits. They have to (and so do YOU). If trademark owners don’t actively enforce their trademark rights, they risk losing them. This means:

Large companies constantly monitor new business filings, websites, and trademarks for possible infringement.
For example, Disney has employees whose job it is to do only this. They can and do go after very small businesses. Just because not everyone committing this kind of infringement has been caught yet, doesn't mean you won't be!
Even small businesses can (and do) enforce their rights, especially in niche markets. They often have automated searches run for them regularly to keep an eye out for possible infringement.
If your business name or branding is flagged as too similar, you are likely to receive a cease-and-desist letter, or worse, a lawsuit.
If you have federally registered trademarks, you have a duty to search for infringement, and failing to search and take action if you find any infringement can seriously diminish your rights.

#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

Is Intent Required for Trademark Infringement?

Julie King — Tue, 26 Aug 2025 09:00:00 -0500

Under U.S. trademark law, infringement occurs when a business name, logo, or other brand identifier is so similar to an existing trademark that it could confuse consumers. Whether you meant to copy another brand or not is largely irrelevant. If the trademark owner believes customers might mix up your business with theirs, they have the right (and responsibility) to take legal action. Intentional infringement can lead to the infringer owing additional damages, but unintentional infringement doesn’t let you off the hook.

Here’s an Example:

You open a coffee shop called “Starbuzz Café.” You genuinely came up with the name yourself, thinking it was unique. But because "Starbuzz" sounds a lot like "Starbucks" and is in the same industry, you could be sued for trademark infringement, even if you somehow never heard of Starbucks.

You do not want to have to deal with an infringement lawsuit. They’re time-consuming and expensive, especially if you lose, as not only will you owe money, but you’ll also have to rebrand, which also is expensive and time-consuming, and it can confuse your customers.

The same goes for getting a valid cease-and-desist letter. If you aren’t 100% sure you have the best claim to your name, you should consult a trademark attorney to find out, and if you need to take action to make changes, do it ASAP to try to avoid trouble.

Even an honest mistake can land your business in a trademark dispute. Protect yourself by researching trademarks before choosing a name, or if you’re just not certain about the name you’re using, and if you get a legal warning, take it seriously.

#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

How Your Business Can Get Sued for Trademark Infringement (Even by Accident)

Julie King — Mon, 25 Aug 2025 08:00:00 -0500

Many small business owners assume that if they didn’t intend to copy someone else’s trademark, they can’t be sued for infringement. Unfortunately, intent doesn’t matter. If your business name, logo, or slogan is too similar to someone else’s registered trademark, even by accident, you could still find yourself in legal trouble.

In this episode, I cover:

Is Intent Required for Trademark Infringement? 0:04
Why Are Trademark Owners So Aggressive About Infringement? 1:48
4 Ways to Avoid Trademark Infringement Trouble 3:04

#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

How Do You Choose a Strong, Protectable Business Name?

Julie King — Fri, 22 Aug 2025 08:00:00 -0500

To avoid these pitfalls, aim for names that are suggestive, arbitrary, or fanciful:

Suggestive: Hints at what you do without being too obvious (e.g., “Netflix” suggests movies but isn’t just “Online Movie Rentals”)
Arbitrary: A common word used in an unrelated context (e.g., “Apple” for computers)
Fanciful: A completely made-up word (e.g., “Xerox,” “Kodak,” or “Nanker Phelge”)

A great business name isn’t just catchy; it’s legally strong. Before committing to a name, conduct a trademark search and consult an intellectual property attorney to ensure you’re building your brand on solid legal ground.

#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

Can You Get Trademark Registration for a Name that Is Generic, Descriptive, or a Surname?

Julie King — Thu, 21 Aug 2025 08:00:00 -0500

Sometimes, a mark that suffers from the ailment of being generic, descriptive, or primarily a surname (or some other problems) can be registered on the USPTO’s Supplemental Register, which is like the opening band before the main act (or the junior varsity team if you prefer a sports metaphor). It doesn’t give you the full rights being on the Main Register does, but it’s better than having no kind of registration. Then, over time, the mark may gain enough fame to qualify to be on the Main Register.

It’s far better, though, if you can, to start with a name that qualifies for the Main Register.

#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

Why Can Last Names Be Trademark Trouble?

Julie King — Wed, 20 Aug 2025 08:00:00 -0500

Many businesses are named after their founders, but if your business name is primarily a surname, you could run into trademark challenges. The USPTO generally considers surnames to be not inherently distinctive, meaning they don’t qualify for trademark protection unless you can prove that the mark is more than just a surname.

For example, “Jagger’s Bakery” or “Richards Consulting” may not be eligible for trademark registration unless you can demonstrate one of the following:

Consumers associate that surname specifically with your business, rather than just recognizing it as a common last name;
The mark has a secondary meaning, like King standing for the concept of royalty or being the biggest or best, like “I’m a King Bee,” not just being my last name; or
There are other important words in the mark that make the mark more than just a surname (these have to be words that aren’t generic or descriptive terms).

Big brands like McDonald’s and Ford successfully registered their names because they built strong brand recognition over time, but new businesses using common surnames will face an uphill battle in securing exclusive rights.

#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

Why Are Generic and Descriptive Names a Problem for Trademarks?

Julie King — Tue, 19 Aug 2025 08:00:00 -0500

The U.S. Patent and Trademark Office (USPTO) won’t grant trademark protection to business names that are purely generic (e.g., “The Coffee Shop” for a café) or merely descriptive without acquired distinctiveness (e.g., “Cold & Refreshing” for a bottled water brand). Here’s why:

Generic Names Can’t Be Owned. A generic term is simply the common name for a product or service. No one business can claim exclusive rights to “Pizza Restaurant” or “Lawn Care Services” because those terms must remain available for everyone in the industry to use. You can have those in your name, but you’d better also have something non-generic and non-descriptive with them, like “Bluebird Pizza Restaurant” (unless you are in a town named Bluebird, because locations are also a no-go as generic).
Descriptive Names Are Weak. A name that merely describes the goods or services, like “Tasty Burgers” for a fast-food joint, will face serious hurdles in the trademark process. The USPTO may reject it unless you can prove that customers associate the name specifically with your business over time (which often requires years of strong marketing and consumer recognition).

Take the case of Booking.com. Initially, “booking” was deemed too generic to trademark. However, the company was able to prove through extensive evidence that consumers recognized “Booking.com” as a distinct brand rather than just a category of service. This is an exception, not the rule; most businesses don’t have the resources to establish this level of brand recognition, especially at the beginning.

(This discussion of generic trademarks is different from how a trademark can become generic, which is known as genericide. That's a topic for another post.)

#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

What Can Happen if Your Trademark is Too Generic or Descriptive?

Julie King — Mon, 18 Aug 2025 16:00:00 -0500

When starting a business, choosing the perfect name is one of the most exciting and crucial decisions you’ll make. You want a name that tells customers what you do, is easy to remember, and stands out in the marketplace. Here’s the catch: if your name is too generic or merely descriptive, you could be walking straight into a trademark trap that leaves you legally vulnerable and unprotected.

You don’t have to be practiced at the art of deception and have an infringing name to be denied trademark protection. Many business owners don’t realize this issue until it’s too late. Imagine investing thousands in branding, signage, and marketing only to discover that your business name can’t be legally protected. Worse yet, a competitor could use the same or a similar name, and you’d have no legal recourse.

#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

The Trademark Traps of Generic, Descriptive, and Surname-Based Business Names: You Can't Always Get What You Want

Julie King — Mon, 18 Aug 2025 10:25:57 -0500

In this episode, I cover:

What Can Happen if Your Trademark is Too Generic or Descriptive? 0:00
No Security: Why Are Generic and Descriptive Names a Problem for Trademarks? 0:52
Mr. Pitiful: Why Can Last Names Be Trademark Trouble? 2:44
Can You Get Trademark Registration for a Name that Is Generic, Descriptive, or a Surname? It’s Not All Doom and Gloom: The Supplemental Register 4:02
What to Do: How to Choose a Strong, Protectable Business Name 4:46
Do As I Say, Not As I Do! 5:40
You Can't Always Get What You Want, But If You Try Sometimes, Well, You Just Might Find You Get What You Need 6:28

#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

Why Should You Work with a Patent Attorney for a Patent Search? Julie's Been Working for the Patent Squad

Julie King — Fri, 15 Aug 2025 07:30:00 -0500

Why Should You Work with a Patent Attorney for a Patent Search?

Partnering with patent attorneys for patent searches provides peace of mind. (Now, say that 10 times fast!) Patent attorneys not only conduct in-depth searches but also interpret complex and nuanced legal results, offering guidance tailored specifically to your situation.

Now, by law, patent agents aren't allowed to give you legal advice about search results. Only patent attorneys are allowed to do that.

Skipping a patent search is a gamble. Period.

The consequences of being wrong about whether your invention is unique and not infringing on someone else's patent rights can be awful and expensive. I won't force a client to have me do a patent search, but if they don't have me do one, I hope the odds are ever in their favor, and they might end up having to spend more money down the road than they would have on an initial patent search.

By dedicating the time and resources upfront to have the necessary patent searches done and analyzed, you're investing in the health and longevity of your business.

#patent #patents #iplaw #patentattorney #patentlaw #patentlawyer #patentsearch

What Do Patent Search Results Mean? Should I Stay or Should I Go?

Julie King — Thu, 14 Aug 2025 07:30:00 -0500

What Do Patent Search Results Mean? And once the thorough patent searches are done, what happens next?

Results from patent searches are powerful knowledge if they're analyzed properly. Evaluating the search results carefully is crucial. If potential problems emerge, it's essential to address the severity of each issue.

Not every potential problem is equally problematic. Minor issues may be able to be resolved through small adjustments to your invention. However, if significant issues arise, such as finding a patent that closely mirrors your invention, you might face a more serious decision.

A patent attorney can provide clarity on the legal landscape, guide you through risk assessment, and suggest strategies to help you safely navigate forward. Your decision to stay the course, pivot your plans, or pause entirely will be better informed and strategically sound.

#patent #patents #iplaw #patentattorney #patentlaw #patentlawyer #patentsearch

How Do You Do a Patent Search, and Can You Do a Patent Search Without a Patent Attorney? Overpowered by Prior Art

Julie King — Wed, 13 Aug 2025 07:30:00 -0500

Some patent searching can be done on your own, and should be, and some should be left to the professionals. Here’s the difference.

First, I’ll tell you a secret: it’s not a bad idea to start with a DIY search! You might not hear that from many patent attorneys, because, after all, doing searches for clients is part of how we keep the lights on, but sometimes our expertise, and more importantly, client money, is wasted on a search that a little DIY digging could have handled.

Here are good resources for a DIY search (we use them as professionals, too):

The U.S. Patent and Trademark Office (USPTO) provides free access to its vast patent database, allowing you to search by keyword, inventor, or specific patent classifications.
Google Patents is another excellent tool, offering intuitive search features and global coverage.
The World Intellectual Property Organization (WIPO) also offers international patent search capabilities.
International patents can stop a US application from being granted, even without any US rights, so it’s wise to look globally.
General Googling and searching on sites like Amazon are also great tools.

If you do a quick DIY search and you find inventions that are clearly identical or similar to yours, you know you have a problem without spending any money. At that point, it’s back to the drawing board.

Once you’ve made changes that make your invention different from the ones you found, or if you didn’t find anything obviously problematic in your searching, it’s time to have a professional search done to be sure.

Although DIY searches can be useful, professional patent searchers and attorneys bring specialized expertise and deeper analytical insight. They can help identify subtle distinctions between inventions and know which ones matter and which don’t. They can also help you decide which kind of search, or combination of searches, will suit your unique situation best.

Here's something to keep in mind about patent searches, whether you’re doing a preliminary DIY search or having a patent attorney do one for you: in the US, patent applications usually aren’t published until 18 months after they’ve been filed, and provisional applications are never published. Patent attorneys can’t access unpublished applications. That means that no patent search can be 100% accurate.

However, given the vast amounts of patents, applications, and other sources of information about inventions that are available, patent searches are still significantly important tools. By using both DIY and professional patent searches and understanding how to do them effectively, you're safeguarding your invention, minimizing risks, and positioning your idea for future success.

#patent #patents #iplaw #patentattorney #patentlaw #patentlawyer #patentsearch

What Are the Different Kinds of Patent Searches and Why Are They Important? The Magnificent Five

Julie King — Tue, 12 Aug 2025 07:30:00 -0500

There are five main types of patent search, and here’s what they’re called, what their purpose is, and when they’re used.

This covers:

Novelty (Patentability) Search
Freedom-to-Operate Search
Validity/Invalidity Search
State-of-the-Art Search
Landscape Search

Too many inventors shy away from patent searches because they think patent searches are too expensive. The thing is, it’s much less expensive to do a search than to deal with the consequences of not doing one and finding out the hard way you should have done one.

Some inventors get confused and intimidated by not knowing what kind of patent search they need. Now that won’t be you.

#patent #patents #iplaw #patentattorney #patentlaw #patentlawyer #patentsearch

Why Are Patent Searches Important? Know Your Rights

Julie King — Mon, 11 Aug 2025 15:00:00 -0500

You have a great idea and think you're ready to move forward with sales or applying for a patent. But are you really? Have you checked whether someone else already has rights to an identical or similar invention? Do you truly know all existing technology in that field?

Many inventors and business owners skip comprehensive patent searches, assuming their idea must be unique simply because they haven't seen it before. Unfortunately, this oversight can lead to costly legal battles, wasted investments, and immense disappointment.

Conducting patent searches early in the invention process protects you by clarifying potential conflicts and ensuring that your time, energy, and resources are directed toward viable opportunities, not wasted on something that will cause trouble for you. Think of patent searches as a vital early step that will help prevent disastrous and costly surprises.

What are Patent Searches and Why are they Important? Lost in the Supermarket of Prior Art

Julie King — Mon, 11 Aug 2025 12:45:27 -0500

Patent searches can help you determine if your invention is novel and non-obvious, which are essential requirements for obtaining a patent. They can also help you make sure you’re not infringing on someone else’s rights or know the state of the art before you start developing an invention.

In this episode, I’ll go over

types of patent searches and why they’re important,
how patent searches are done,
whether you need a patent attorney for a patent search
evaluating patent search results,
what happens after the searching is done, and
working with patent professionals to use patent searches as a valuable step in securing your intellectual property.

#patent #patents #iplaw #patentattorney #patentlaw #patentlawyer #lawsky #iplawsky #patentsearch

Honey Gotta Strike a Plan: What You Should Do To Clear Your Trademarks

Julie King — Fri, 08 Aug 2025 14:00:00 -0500

Here's a bite-sized portion of my main episode this week, also with apologies to Iggy Pop and the Stooges. This clip focuses on what you SHOULD do to clear your trademarks.

Before locking in a business name, brand name, or logo (or if you’re already using one and aren’t 100% confident it’s clear), here’s what you should do to avoid nasty problems:

1. Talk to an experienced trademark attorney about the strength of your name or logo. If there are problems that are obvious to them through their years of experience, they can advise you on what to do.

2. Once your trademark attorney has made sure there aren’t any obvious problems, have them conduct a comprehensive clearance search and analyze the results.

3. Discuss the results and analysis with the attorney and use that legal insight to make an informed business decision.

A good trademark attorney won’t just tell you what’s taken; they’ll tell you what’s risky, what’s defensible, and how to move forward strategically.

Think of a comprehensive clearance search as insurance for your business and brand. You’re investing time, energy, and money into building something meaningful. Don’t gamble on a name or logo that could get you into legal hot water.

Instead, take the time now to make sure your name and logo are not only memorable, but legally yours.

#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

Gimme Danger: What Happens If You Get Your Trademarks Wrong

Julie King — Fri, 08 Aug 2025 09:00:00 -0500

Here's a bite-sized portion of my main episode this week, also with apologies to Iggy Pop and the Stooges. This clip focuses on what could happen if you launch or keep operating without a proper trademark clearance search.

#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

No Fun: The Cheap Online Trademark Service Trap

Julie King — Thu, 07 Aug 2025 09:30:00 -0500

Here's a bite-sized portion of my main episode this week. This clip focuses on the dangers of cheap online trademark search services.

Who doesn’t like to save money? I get it. I like a good bargain, too. I see the appeal of online platforms like LegalZoom, Trademark Engine, and similar services that advertise cheap and fast trademark searches and filing. But here’s what they don’t tell you, or what’s buried in the fine print no one reads, based on what I’ve personally seen happen to clients who started with them.

#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

Don’t Search and Destroy: Why a DIY Trademark Search Isn’t Enough

Julie King — Wed, 06 Aug 2025 10:00:00 -0500

Here's a bite-sized portion of my main episode this week, also with apologies to Iggy Pop and the Stooges. This clip focuses on the dangers of DIY trademark searches. Many small business owners try to do a trademark search themselves. And look, I understand it. Bootstrapping is often part of the entrepreneurial journey. But in this case, what you don’t know can hurt you.

#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

Look Out Honey, Cause I’m Using Technology to Do a Proper Trademark Clearance Search

Julie King — Tue, 05 Aug 2025 09:30:00 -0500

Here's a bite-sized portion of my main episode this week, also with apologies to Iggy Pop and the Stooges. This clip focuses on what a thorough trademark clearance search should involve, why a combination of AI and manual searching is best, and how manual searching isn't simple.

#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

Search or Destroy? How a Thorough Trademark Clearance Search can Prevent Destruction for your Business

Julie King — Mon, 04 Aug 2025 11:27:24 -0500

If you’re picking a name or logo for your business or product or using one you’re not sure is clear to use, you might be standing at a crossroads, unsure of what to do: keep going full steam ahead with that clever name you love, or hit pause until you’re sure you’re not infringing on someone else’s trademark?

This decision isn’t just about branding. It could make or break your business.

With my apologies to Iggy Pop and The Stooges, let me tell you how to save your business’ soul with a proper, thorough trademark clearance search done by an experienced trademark attorney, especially before printing packaging, launching your website, or investing in social media ads.

Here's what I cover in this video:

1. Look Out Honey, 'Cause I’m Using Technology to Do a Proper Trademark Clearance Search

2. Don’t Search and Destroy: Why a DIY Search Isn’t Enough

3. No Fun: The Cheap Online Trademark Service Trap

4. Gimme Danger: What Happens If You Get It Wrong

5. Honey Gotta Strike a Plan: What You Should Do Instead

If you’re launching, growing, or just unsure whether your business/brand name or your logo are truly protected, let’s talk. I help entrepreneurs across the U.S. make smart, legally sound decisions about names and logos.

If you’d like to consult with me, you can use my contact form or you can book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558. Please check out the other posts and pages on my website for more information on patents and other intellectual property and business law issues.#trademark #trademarks #trademarklaw #trademarklawyer #trademarkattorney #trademarklawfirm #iplaw

A Provisional Patent Application Is a Tool—Not a Shortcut

Julie King — Fri, 01 Aug 2025 11:25:37 -0500

Here's the final bite-sized portion of my main episode this week. This clip is the conclusion to the provisional patent myths: “A Provisional Patent Application Is a Tool—Not a Shortcut.”Listen/watch to learn why.

#patent #patents #provisionalpatent #iplaw #patentattorney #patentlaw #patentlawyer

Used correctly, a provisional patent application gives youtime to explore your invention’s potential, seek funding, and test the market. Used incorrectly, it can create a false sense of security.

Here's What to Do:

Before you file, get clear on what a provisional application can, and can’t, do for you.

A consultation with a patent attorney will likely save yousignificant time, money, and heartache in the long run. Talk with the attorney about what the provisional application should contain and how to align the applicationand filing date with your long-term goals.

What you do in the provisional patent application stage can determine whether you end up with a strong patent or no patent at all.

Myth: “Once I File a Provisional Application, I Don’t Need to Worry for a Year”

Julie King — Fri, 01 Aug 2025 11:21:57 -0500

Here's a bite-sized portion of my main episode this week. This clip focuses on provisional patent myth #5: “Once I File a Provisional Application, I Don’t Need to Worry for a Year.” That's simply not true. Listen/watch to learn why.

#patent #patents #provisionalpatent #iplaw #patentattorney #patentlaw #patentlawyer

Myth: “As Long As I File Something for my Provisional Patent Application, I’m Covered.”

Julie King — Thu, 31 Jul 2025 13:47:42 -0500

Here's a bite-sized portion of my main episode this week. This clip focuses on provisional patent myth #2: “As Long As I File Something, I’m Covered.” That's simply not true. Listen/watch to learn why.

#patent #patents #provisionalpatent #iplaw #patentattorney #patentlaw #patentlawyer

Myth: I Don't Need a Patent Attorney for a Provisional Patent Application.

Julie King — Thu, 31 Jul 2025 13:30:42 -0500

Here's a bite-sized portion of my main episode this week. This clip focuses on provisional patent myth #4: “ I Don't Need a Patent Attorney for a Provisional Patent Application.” Technically, true, and it’s tempting to save money by going it alone or using a low-cost online service, but this isn’t always wise.

#patent #patents #provisionalpatent #iplaw #patentattorney #patentlaw #patentlawyer

Myth: I Can Publicly Disclose My Invention after Filing a Provisional Patent Application and Still Be Safe

Julie King — Wed, 30 Jul 2025 13:04:49 -0500

Here's a bite-sized portion of my main episode this week. This clip focuses on provisional patent myth #3: “ I Can Publicly Disclose My Invention after Filing a Provisional Patent Application and Still Be Safe.” This one is a half-truth that can still be profoundly risky. Listen/watch to learn why.

#patent #patents #provisionalpatent #iplaw #patentattorney #patentlaw #patentlawyer

Charging USPTO Fees Based on Patent Value is an Idea from Hell

Julie King — Tue, 29 Jul 2025 14:11:33 -0500

Commerce Secretary Lutnick’s boneheaded idea of charging patent holders between 1% and 5% of their overall patent value annually is, to put it more politely, fundamentally problematic. Here's why.

#patent #patents #iplaw #patentlaw

Myth: “A Provisional Patent Application Gives Me a Patent”

Julie King — Mon, 28 Jul 2025 13:35:41 -0500

Here's a bite-sized portion of my main episode this week. This clip focuses on provisional patent myth #1: “A Provisional Patent Application Gives Me a Patent.” NOPE! listen/watch to learn why.

#patent #patents #provisionalpatent #iplaw #patentattorney #patentlaw #patentlawyer

DO Stop Believin’: 5 Common Misconceptions About Provisional Patent Applications

Julie King — Mon, 28 Jul 2025 13:24:39 -0500

Provisional patent applications are popular with startups and inventors because they’re fast and relatively inexpensive, but they’re also one of the most misunderstood tools in the inventor’s toolkit. They’re inexpensive, flexible, and don’t require formal claims—but they’re not a shortcut to a patent.

Let’s bust five of the most common myths about provisional patent applications so they don’t trip you up later.

1. Don’t Stop Yourself Now: “A Provisional Patent Application Gives Me a Patent”

2. Don’t Dream On: “As Long As I File Something, I’m Covered”

3. Don’t Have Open Arms: “I Can Publicly Disclose My Invention After Filing and Still Be Safe”

4. Don’t Go Your Own Way: “I Don’t Need a Patent Attorney for a Provisional Application”

5. Do Keep Movin’ On: “Once I File a Provisional Application, I Don’t Need to Worry for a Year”

#patent #patents #provisionalpatent #iplaw #patentattorney #patentlaw #patentlawyer

Running on Empty: 5 Common Mistakes DIY Applicants Make on Provisional Patent Applications (and How to Avoid Them)

Julie King — Mon, 21 Jul 2025 12:42:11 -0500

Filing a provisional patent application can be a smart, strategic move for inventors, but only if it's doneright. Unfortunately, many DIY filers treat the process like it's just a placeholder or a quick form to “get something on file.” The truth? Many DIY inventors make critical mistakes in provisional applications that cost them patent rights down the road.

Let’s break down the 5 most common mistakes inventors make when filing a provisional patent application themselves—and how to avoid them. Here's what I'm covering in today's episode:

1: Not Describing the Invention in Sufficient Detail

2. You Can’t Go Back: Treating It Like a Placeholder that Doesn’t Matter

3. The Pretender: Using Overly Broad or Ambiguous Language

4. Show Me the Way: Failing to Include Drawings or Diagrams

5.Slip Slidin’ Away: Assuming a Provisional Patent Application = Patent Pending Protection Forever

For What It’s Worth: Your Idea Deserves More Than a Deficient Provisional Application Filing

#patent #patents #provisionalpatent #iplaw #patentattorney #patentlaw #patentlawyer

Name of the Game: Why Your Logo Trademark Isn’t Enough to Protect Your Name

Julie King — Mon, 14 Jul 2025 07:00:00 -0500

When small business owners invest in branding, they often assume that registering their logo as a trademark, especially if it includes the business name, gives them broad legal protection. Unfortunately, that’s not the case.

If you only register your logo as a trademark, you don’t necessarily have trademark rights to the business name by itself—and that could leave your brand vulnerable.

How DO you make sure you’re protecting BOTH your logoand your business name with trademark registration and aren’t leaving your name or your logo vulnerable? I’ll be covering that and more in this episode.

If you’d like help with trademarks, let’s talk. You can use my contact form or book a consultation online at kingpatentlaw .com or by calling my office at 312-596-2222 or 217-714-8558.

#trademark #business #businesstips #intellectualproperty

It’s Never Enough Just to . . . Register Your Business Name with the Secretary of State

Julie King — Mon, 07 Jul 2025 16:09:10 -0500

Starting a new business is exciting—you pick a great name, file your registration with the state, and boom! You’re official. But here’s the catch: just because you’ve registered your business name with your state doesn’t mean you actually own the rights to that name. Using it with the public may even be trademark infringement. No joke! In this episode, I talk about the following issues:

✅The Business Name on Your Formation Documents vs. Trademark Rights: What’s the Difference?

✅ Don’t Let the State Let You Down: The Risk of Unintended Trademark Infringement (why state registration of a business provides ZERO assurance that

1. the name is available to you to use as a trademark, and

2. the registered name isn’t infringing someone else’s trademark rights.)

✅ Get Up to Speed: How to Clear and Protect Your Business Name:

1. Have a Trademark Search Done By an Experienced Trademark Attorney

2. Document Your Trademark Use

3. Apply to Register a Trademark

✅ Something to Rely On: Trademark Clearance and Registration, NOT Business Formation Documents

Registering your business name with the state through your formation documents is a good first step in protecting your business name, but all it means is that there isn’t an identical business name in your state. That doesn’t mean no other business has that name or one confusingly similar to it, so it doesn’t mean you have trademark rights to it or that you won’t be committing trademark infringement by using it with the public.

Having a thorough trademark search by an experienced trademark attorney can help you pick a non-infringing name you can make sure isn’t trademark infringement and that you can secure as yours through trademark registration. Trademark search and application for registration before committing to a business name is a worthy investment that will help you secure your brand, avoid legal trouble, and save time and money down the road. You can even have a search done and apply for registration long after you’ve been in operation, as long as that search doesn’t turn up anything problematic. If it does, you can work with a trademark attorney on quietly rebranding asap.

Now that you know these trademark facts, you know it’s truly never enough to rely on your secretary of state’s office for trademark clearance or protection and you’re ready to start working with an experienced trademark attorney to know and protect your rights to your business name.

If you’d like help with trademarks, let’s talk. Please go to kingpatentlaw.com to book a consultation, call my office at 312-596-2222 or 217-714-8558, or email me at julie@kingpatentlaw.com.

Highway to Probate - Don’t Wait Until It’s Too Late: Key Dates for Estate Planning

Julie King — Fri, 14 Mar 2025 10:00:00 -0500

AC/DC makes the highway to hell sound pretty fun: livin’ easy, party time. Being lackadaisical is a terrible approach to take with estate planning, though. Estate planning is one of those things that’s easy to put off, but waiting too long can leave your family and assets unprotected and your family having to deal with probate court. Comparing probate court to hell is a bit extreme, but it’s still something to avoid if you can.The good news? A solid estate plan gives you control over what happens, both while you're living and after you're gone. If you don’t have one, or have one that’s inadequate, your nearest and dearest will most likely end up managing your estate in probate court when you pass, which is time-consuming and expensive compared to what can happen with a good estate plan. Here are the most important estate planning dates to keep on your radar.

It’s a Long Way to the Top (If You Miss Your Business Deadlines): Key Dates for Starting & Running Your Business

Julie King — Thu, 13 Mar 2025 20:54:37 -0500

As AC/DC said, “It’s a long way to the top if you want to rock and roll,” and I can tell you it’s a long way to the top in business if you miss your deadlines. Time matters in business. Whether you're launching a startup, maintaining operations, or preparing for growth, certain deadlines can make or break your success. Missing key business dates can lead to financial penalties, legal trouble, or lost opportunities. Here are some of the most critical dates every business owner should have on their radar.

Time ISN’T On Your Side: Key Dates & Deadlines in Patent Law

Julie King — Wed, 12 Mar 2025 07:00:00 -0500

In business and innovation, timing is everything—especially when it comes to patents. Unlike trademarks, where rights can last indefinitely if maintained properly, or copyrights, where they last for a very long time whether they’re registered or not, patents require registration, operate on a strict timeline, and last for a comparatively limited time. While the Rolling Stones said time is on their side, time ISN’T on your side with patents.If you miss a patent deadline, you could lose your exclusive rights forever. Let’s break down the key dates you need to know to protect your inventions.

Too Late for Trademarks? Key Dates & Deadlines in Trademark Law

Julie King — Tue, 11 Mar 2025 07:00:00 -0500

Time matters for trademarks. Whether you’re launching a new brand or protecting an existing one, understanding the critical dates and deadlines in trademark law can mean the difference between securing your rights and losing them. Keeping track of trademark timing is essential for protecting your brand and staying ahead of the competition. Def Leppard said it’s too late for love, but let’s look at whether it’s too late for your trademarks.

Copyright Waits for No One: Key Dates & Deadlines in Copyright Law

Julie King — Mon, 10 Mar 2025 23:27:46 -0500

Twice a year, we change our clocks for daylight savingtime—a reminder of just how much timing matters. The same is true in copyright law! As the Rolling Stones noted, “time waits for no one,” and neither does copyright law. Whether you're a business owner, content creator, or entrepreneur, understanding the key dates and deadlines in copyright law can help you protect your intellectual property and avoid costly mistakes.

Death and the Pending IP Application

Julie King — Fri, 07 Mar 2025 07:00:00 -0600

When Your Idea Outlives You :If you die while waiting for a copyright, trademark, or patent application to be granted, what happens to the application and to your intellectual property?

Your Business Idea Feels Revolutionary. Is It? Does It Matter?

Julie King — Thu, 06 Mar 2025 07:00:00 -0600

Your business idea feels revolutionary—but does uniqueness even matter? Not necessarily! While a completely new concept might be valuable, execution is key. A coffee shop isn’t new, but Starbucks' execution made it a billion-dollar company.

Is Your Invention or Idea Inventive Enough to Patent?

Julie King — Wed, 05 Mar 2025 07:00:00 -0600

You have a groundbreaking invention—but how do you know if it’s truly innovative enough for a patent?

Are you 100% certain no one anywhere in the world has had the same idea and made it public in any way? I’ve had clients think they were that certain, only to find out the hard way they were wrong.
Why does it matter whether you’re the only one to have your amazing idea?

Are Your Trademarks Sufficiently Distinct?

Julie King — Tue, 04 Mar 2025 07:00:00 -0600

“I Swear My Business Name is Original and Unique!” Is It Really?Your brand name, logo, or slogan feels completely unique to you. But is it legally distinct enough to avoid trademark infringement?What Counts as Infringement?Trademark infringement occurs when a mark is so similar to another for identical or similar goods or services that it creates "likelihood of confusion." This doesn’t mean identical—even similar-sounding or looking trademarks can be a problem if they exist in the same industry.

Is Your Work Original Enough for Copyright?

Julie King — Mon, 03 Mar 2025 07:00:00 -0600

“I Swear My Work is Original and Unique!” Is It Really?When you create something new—a book, a song, a painting, a blog post—you naturally assume it’s original. But legally, how "original" does your work have to be to get copyright protection?How Original Does It Have to Be?Copyright law protects "original works of authorship," but that doesn’t mean your idea has to be groundbreaking. Courts have consistently ruled that originality means the work must be independently created and have at least a minimal level of creativity. That means no copying, but it doesn’t have to be completely unlike anything else.We’ve all heard of famous copyright cases involving art, but how does this issue come up most often in the business world?

What Happens to Your Intellectual Property When You Die?

Julie King — Fri, 28 Feb 2025 07:00:00 -0600

You've built a business and secured intellectual property—patents, trademarks, copyrights—but what happens to those rights when you pass away? Today, we’re covering what business owners and inventors need to know about IP and estate planning.Intellectual property is considered an asset, just like real estate or stocks. That means it can be inherited, sold, or assigned based on your estate plan—or state law if no plan exists. Here’s how different types of IP are handled.

Business vs. Individual Ownership of Intellectual Property: Pros, Cons, and How to Transfer

Julie King — Thu, 27 Feb 2025 07:00:00 -0600

When you create intellectual property subject to patent, trademark, or copyright law, you need to decide who should own it: you as an individual or your business. Today, we’ll break down the pros and cons of business ownership vs. individual ownership, and how you can properly transfer IP rights between the two.

Patent Inventorship vs. Ownership – What You Need to Know

Julie King — Wed, 26 Feb 2025 07:30:00 -0600

Did you know that just because you invent something, you might not own the patent? Let’s break down the difference between inventorship and ownership in patents—and why it matters for your business!

Inventorship is about who actually came up with the invention, while ownership determines who controls the patent rights. And yes, they can be different!

Trademark Ownership: Individual vs. Business – What’s Best for You?

Julie King — Tue, 25 Feb 2025 07:30:00 -0600

Who should own your trademark, you personally, or yourbusiness? This is a crucial decision for small business owners, and today we’re breaking down the pros and cons of individual versus business trademark ownership!

Copyright Authorship vs Ownership - What Every Creator and Business Owner Should Know

Julie King — Mon, 24 Feb 2025 07:30:00 -0600

Did you know that just because you create something, you might not actually own the copyright? Today, we're diving into the difference between authorship and ownership in copyright law—because they’re not always the same thing!

Keep It in the Vault! NDAs for Estate Planning & Wealth Privacy

Julie King — Fri, 21 Feb 2025 08:00:00 -0600

Estate planning is a deeply personal process that involves sensitive financial and family information. Non-disclosure agreements (NDAs) can help keep your estate plans private and secure.

For the transcript, please go to kingpatentlaw.com/blog

Sealing the Deal: How NDAs Keep Business Talks Confidential

Julie King — Thu, 20 Feb 2025 08:00:00 -0600

NDAs are not just for what people normally think of when they think of intellectual property; they are also crucial in business formation and transactions. Whether you’re forming a new company negotiating a merger, or working with independent contractors and employees, NDAs protect sensitive business information, which is actually also intellectual property.

For the transcript, please go to kingpatentlaw.com/blog

Loose Lips Sink Patents: Protect Your Invention with an NDA

Julie King — Wed, 19 Feb 2025 17:23:56 -0600

Patents protect inventions, but before a patent is filed, NDAs are vital for keeping your ideas confidential. Here’s how NDAs help innovators and businesses protect their inventions during development.

When people think of inventions, they think of patents. Patents are great for protecting inventions, but a patent isn’t always the best way to protect an invention. Whether a patent is wise or not, an NDA is one of the most important tools, sometimes more important than the patent, in protecting an invention.

Ban the Blab about Brand Development: Why Your Brand Strategy Needs an NDA

Julie King — Tue, 18 Feb 2025 13:47:57 -0600

While trademarks protect brands, logos, and slogans, non-disclosure agreements, or NDAs, can play a crucial role in maintaining the confidentiality of brand strategies. Let’s look at how NDAs help secure trademark-related information.

For the transcript, please go to kingpatentlaw.com/blog

Shhh! How NDAs Keep Your Creative Works Under Wraps (and Safe!)

Julie King — Mon, 17 Feb 2025 15:34:48 -0600

Why NDAs Matter for Copyright:

Non-Disclosure Agreements (NDAs) can play a critical role in protecting copyrighted materials, especially in the creative and tech industries. In this episode, we’ll explore how NDAs help safeguard original works and prevent unauthorized distribution or copying of your intellectual property.

For the transcript please go to kingpatentlaw.com/blog

Who Do You Love, and Will They Inherit the Way You Want?

Julie King — Fri, 14 Feb 2025 15:00:00 -0600

Love lasts forever—but what happens to your assets when you’re gone? If you don’t have an estate plan, your loved ones might not inherit what you intended.

If you pass away without a will, state law decides who gets your assets. And if you’re not married, your partner may get nothing—even if you’ve been together for years.

This Valentine’s Day week I’m talking about the law and love, but what I’m saying applies year-round.

Avoiding Heartache When Operating a Business as a Couple

Julie King — Fri, 14 Feb 2025 11:00:00 -0600

They say never mix business with pleasure—but what about love? Many couples start businesses together, but without the right legal setup, things can go very wrong. Very, very wrong. Let’s talk about how to protectboth your businessand your relationship.

This Valentine’s Day week I’m talking about the law and love, but what I’m saying applies year-round.

Is it Love? Unusual Love-Related Inventions

Julie King — Fri, 14 Feb 2025 07:00:00 -0600

Valentine’s Day brings out all kinds of creativity—and some people even turn romance intopatented inventions! Let’s look at some of the strangest love-related patents everfiled. I’ve kept these suitable for all ages so any little ones overhearing this won’t learn new and exciting inappropriate things to say at school.

This Valentine’s Day week I’m talking about the intellectual property of love, but what I’m saying applies year-round.

Trademarks Can Break Your Heart

Julie King — Thu, 13 Feb 2025 15:31:32 -0600

Have you ever wondered if someoneowns romantic phrases like “Be Mine,” “I Love You,” or “Kiss Me”? Phrases can be protected by trademark law, but only sometimes. The candy heart for this topic says “it depends.”

This Valentine’s Day week I’m talking about the intellectual property of love, but what I’m saying applies year-round.

I Give You My Heart, But Not My Copyright

Julie King — Thu, 13 Feb 2025 14:52:17 -0600

Valentine’s Day can be a time for romance, chocolates, and . . . copyright law? That’s right! If you pour your heart into a sincere love letter, a romantic poem, a beautiful painting, or even a heartfelt social media post, copyright laws are automatically involved. Who actually owns those expressions of love? The creator, the person they are intended to impress, or someone else?

This Valentine’s Day week I’m talking about the intellectual property of love, but what I’m saying applies year-round and to far more than love letters.

Marketing Without Getting Sued: Quick Tips every Small Business Must Know

Julie King — Fri, 24 Jan 2025 14:26:49 -0600

Be careful with how you advertise, or you could violate copyright or trademark laws. Learn to avoid that.

That Name or Logo You’re Using? It May Be Trademark Infringement!

Julie King — Thu, 23 Jan 2025 13:11:29 -0600

💥 Imagine spending thousands on branding and marketing, only to get a cease-and-desist letter because your business name, logo, slogan, or other piece of brand identity is too close to someone else’s. 💥
That’s called trademark infringement, and it can shut you down and cost you a bundle. Let’s make sure that doesn’t happen to you.

Are You Stealing Without Knowing It? Copyright Infringement in Marketing

Julie King — Wed, 22 Jan 2025 15:59:31 -0600

🚨 Did you know that using the wrong image, song, or video clip in your marketing could land you in a lawsuit? 🚨

Today, I’ll walk you through how to stay safe.

This applies if you create your own marketing content or if you have your internal marketing department or hire a marketing service to do it for you. If you use the wrong thing, YOU’RE going to be the one in trouble. (I’ll have another post later on protecting yourself from someone else’s mistake.)

Do you REALLY Own Your Business Name?

Julie King — Wed, 08 Jan 2025 14:48:55 -0600

You put a great deal of effort in choosing the perfect name for your business. You registered the business with the Secretary of State in every state in which you operate. That’s all you need to own your business name, right? Wrong.

Most if not all states’ business registration offices don’t even check their state’s own trademark databases when approving a name for LLC/corporation/partnership registration to see if there is a conflict, let alone check the federal USPTO trademark database.

. . .

If this post scared you a bit, it was supposed to. Most people don’t know about this incredibly important information, and that makes them vulnerable to expensive and devastating problems. Now you aren’t one of those people, and you know what you need to do to prevent those problems!

I hope this helps you feel empowered and inspired to take action if you don’t already have your business name registered as a trademark. You deserve to have that peace of mind!

Riffs of Risk: Are you using a "personal" account for your business on social media?

Julie King — Tue, 07 Jan 2025 15:31:01 -0600

This episode is about the pitfalls of using music on your personal social media accounts to promote your business and how to avoid them.

How a Patent Dies

Julie King — Mon, 04 Nov 2024 16:46:41 -0600

For the Day of the Dead, the last in this year's spooky-themed Patrifying Patents episode. This one is about how patent applications and issued patents can die, either by a premature visit from the Grim Reaper or of old age natural causes.

Gravely Grim

Julie King — Mon, 04 Nov 2024 16:45:25 -0600

Buckle up my beasties! This Halloween night episode helps you learn more about patents by digging into patents for strange burials, exploding graves, creepy dolls, and more! Happy Halloween! 👻

Ghoulish Games

Julie King — Mon, 04 Nov 2024 16:44:21 -0600

Get your ghoulish patent game on by watching this episode, in which I cover a game inspired by the 1973 horror film The Exorcist and do a deep dive into the intellectual property of the long history of the Ouija board. See if you can spot some lyrics from "Sympathy for the Devil" and a reference to the original "13 Ghosts" film. Learn a lesson the makers of the movie "Witchboard" learned the hard way. Hear about one of the things Alistair Crowley was afraid of.

Creepy Candy Carriers

Julie King — Mon, 04 Nov 2024 16:43:04 -0600

In this episode of Petrifying Patents, Julie King talks about various aspects of patents, using the pumpkin-shaped candy carriers we all love. This episode is ok to show to kids or watch at work. Nothing gets too scary.

Devilish Design Patents

Julie King — Mon, 04 Nov 2024 16:28:33 -0600

It's Halloween week again, which means another round of Halloween and horror-themed episodes from Julie King of King Patent and Business Law. This year the theme is Petryfing Patents, and this one is about design patents. Watch if you dare!

Can You Copyright or Trademark a Logo Designed by AI?

Julie King — Tue, 26 Dec 2023 12:46:00 -0600

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. I'm particularly nerding out over these issues, because my master's degree project involved training of artificial intelligence systems. Rights to AI-generated content, and to content made on creative platforms, aren't always easy to understand, and they have a big impact on how you can use it and if and how you can protect it.

There's no doubt AI is incredibly useful for generating content, though there is still no substitute for a real human author or artist. But what rights do you have to what it creates for you? Can you use it in the ways you want to?

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. However, there are some certainties and principles of law that can guide you.

AI-assisted programs, like online logo generators, aren't straight AI tools like ChatGPT. Instead, they provide templates tweakable using AI. If you're using an online logo generator, such as the one in Canva, a very popular online program for creating all kinds of visual projects, or Logo.com, you need to look at the license terms of the software. Canva and other logo generators are licensing the use of their product and the generated logos in it to you. You'll almost certainly see language that says you cannot apply for copyright or trademark registration for those logos, and that Canva and whoever they licensed the clip art, photos, etc. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. Even when you make a "new" creation with those elements, they still belong to Canva and/or whoever licensed them to Canva.

I made a logo for Bob's Burgers for selling burgers on Tailor Brands' logo maker website. Their terms say I own full commercial (note they don't say "exclusive") rights to it and can apply for trademark registration for it (through the, naturally, even though they aren't lawyers and will just copy whatever you provide them into the application and submit it whether it's appropriate or not). Well, they're right, I can apply, but registration surely won't be granted. For starters, Bob's Burgers is already a trademark belonging to someone else. Second, they had me pick one of 20 graphics for use as part of the logo. That means in no way is that graphic element going to be unique to my logo. The lack of exclusive rights here is fatal. These generators also don't address other issues that can lead to refusal to register a trademark. usually you won't be given the rights needed to have ownership or apply for registration, but even if you are, your logo could still be refused copyright and trademark registration for other reasons.

If you use another kind of AI tool to create a logo, like Canva's AI tools or DALL-E, the platform doesn't claim any ownership rights, including copyright ownership, to the output. That doesn't mean you're in the clear for ownership and registration, however. Some of the elements in the output may be identical to or similar enough to work made by others that it would be infringement to use it without proper credit to and licensing from them.

Copyright

I asked DALL-E to make some logos for me for use in this post. I've seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. That means not only is it possible I do not own exclusive rights to those elements, it is also possible I would be infringing if I use them commercially (I'm using them educationally here, so that's ok).

The US Copyright Office has issued some very helpful guidance about copyright ownership of AI-generated works in the US. The general gist is this: copyright only protects works made by humans. AI isn't human. The Copyright Office views the human prompts that generate AI output as akin to instructions to a commissioned artist where the AI determines how the instructions are carried out. In such cases, the output is ineligible for copyright ownership or registration.

If, however, a human takes AI output and selects, arranges, or modifies it in a creative way the work may qua...

Avoiding a Busted Brand: Preventing the Pain of Forced Rebranding through Trademark Registration

Julie King — Fri, 10 Nov 2023 19:52:00 -0600

https://youtu.be/6cFVLWV0ZI4

This is part one of a 10 part series on Essential Benefits of Trademark Registration. This week, the topic is Avoiding a Busted Brand: Preventing the Pain of Forced Rebranding through Trademark Registration.

I'll be talking about five painful problems that can happen for your business when you don't take the correct steps to develop your brand, and how to avoid those problems or get started in handling them.

Imagine you've been using your business name, logo, or slogan for several years, building a good base of local customers. You make moves to expand your market, and suddenly you get a cease and desist letter from another business that has better rights to the trademark, or you go to file an application for federal registration, and the search to identify any possible problems uncovers an identical trademark for similar goods and or services, meaning there's no way you'll get your application approved.

What was a time of exciting expansion has now become a horrorscape of being forced to rebrand. Rebranding is painful enough when you want to do it and plan for it. Being forced to do it quickly on someone else's timeline can be disastrous.

Let's get into the top five painful issues involved with forced rebranding.

1. Financial Cost

Rebranding can be a significant financial burden. Without even going into the possible loss of business that can come from rebranding, costs of rebranding include having new logos designed, having new marketing materials designed, updating signs, changing packaging, updating websites, and potentially launching marketing campaigns to reintroduce the brand to the market.

That's a lot of expenses, and they can add up to tens of thousands of dollars. Even if you're just starting out or handle all those things yourself, that's going to cost you in terms of hours you won't be able to spend working on the core of your business, or extra hours at the expense of your personal time with your family and friends.

2. Loss of Brand Equity

Rebranding means letting go of the brand equity that the previous brand had built over time. Your brand is what people associate with the service, quality, and trustworthiness of your business. Those things are crucial to a business, and they don't get associated with a brand overnight. It takes hard work and countless hours. Once the traits you want associated with your brand have been established, They create customer recognition, loyalty, trust in new offerings, and referrals from existing customers. It takes a while for that to rebuild when rebranding happens.

Sometimes it works fairly quickly, like when Facebook renamed its parent company Meta, with Facebook remaining as the name of just the part of the company handling that social media service. Or when Kentucky Fried Chicken changed to KFC. But more often it takes a very long time, like when Netflix re branded its DVD by Mail Services as Quickster, which caused the company's stock to fall, and Netflix put the mail service back under the Netflix name. So that failed completely. Or when PricewaterhouseCoopers briefly changed its business consulting branch's name to Monday, which just confused people and had none of the connotations of experience and quality the original name had.

Loss of Brand Equity Can Create Confusion

Loss of brand equity can create confusion among consumers. A sudden and significant change in brand identity can confuse existing customers because they might not immediately recognize the new brand, leading to a temporary drop in customer engagement and sales, like what happened with Netflix. This confusion might also push consumers to competitors who still have a familiar brand.

Loss of Brand Equity Is Loss of SEO and Online Presence

Loss of brand equity is also loss of SEO and online presence. If your old brand had established an online presence, changing to a new brand can at least temporarily negatively impact search engine rankings, website traffic, and social media following. Keeping SEO phrases connected with the old brand may seem tempting, But that can still cause you to be accused of infringement by driving customers of the other brand with the superior rights to the trademark to your website behind the scenes.

3. Communication Challenges.

Rebranding requires a lot of communication. You have to effectively communicate the reasons for the rebranding to customers. partners, and stakeholders like employees and shareholders. It's crucial to do that. Poor communication can lead to misunderstandings, negative perceptions, and a decrease in consumer trust, all of which can lead to decreased business.

How much effort will you put into explaining the rebranding to these groups and convincing them they can expect the same quality and trustworthiness they associated with the old brand? How do you craft a message about that without admitting you're rebranding because there were infringement issues?

Even if you feel you were in the right and shouldn't have to rebrand, airing those sentiments doesn't make you look like a business that makes good decisions and is a positive presence. Crafting the wrong message can lead to consumer skepticism and resulting loss of business in the short term and possibly the long term.

Customers aren't the only ones who may be affected negatively by forced rebranding. It can also meet with employee disruption and internal resistance.

Change Is Hard for Most People

Change is hard for many people. Who Moved My Cheese wasn't a bestseller in the late 90s and early 2000s for no reason. Employees, especially those who were highly connected with the old brand, may fee...

Why Do You Need an Operating Agreement for Your LLC?

Julie King — Tue, 07 Nov 2023 14:27:43 -0600

https://youtu.be/P0L4-naDotk

Why do you need an operating agreement for an LLC? An operating agreement is not required by law in Illinois, but you're doing yourself a disservice not having one. They're important for banking and financial transactions. They set up a roadmap for avoiding problems and for handling ones that do arise, and they help keep good relationships between owners good.

How do they help with money? Often banks will require an operating agreement in order to open a business bank account for the LLC.. Banks will almost always require an operating agreement when the LLC is taking out any kind of loan. If you ever sell the LLC, the buyer will want to see the operating agreement so they know they're dealing with the correct representatives of the business with authority to do the transaction.

This goes when someone is wanting to join the LLC as a member as well. They're going to want to see who the right people to deal with are, and they're going to want to see that everything is in order as it should be.

So how do operating agreements help prevent problems with operating the LLC? A good LLC operating agreement is a good plan. It will address things like:

what kinds of decisions need to be voted on;

what kind of vote is needed to approve certain things - maybe taking out a loan needs a simple majority or two thirds vote, whereas bringing on a new member requires a unanimous vote;

how to handle tied votes;

what to do when an owner wants to leave the business, dies, is incapacitated, or the other owners want to kick them out;

how and when to bring in additional owners;

what rights investors have;

which role is generally responsible for which duties;

how profits and losses will be shared;

how things will be handled if the business must close; and

more.

A good operating agreement will set forth how to handle all those things and more so there is an easy roadmap for LLC members to follow and not end up lost in disagreements and hard feelings.

So, you're spouses, best friends, et cetera, you don't think problems like that will happen for you. It would be wonderful if that turned out to be true. Statistics, though, show that good relationships and intentions at the beginning aren't enough, and that it doesn't take much for them to turn sour.

I've personally handled cases where former best friends were at each other's throats when one decided to end their LLC, and their operating agreement was something they got off the internet that didn't have any provisions for ending the LLC. It took months to resolve, each side paid a tremendous amount in attorney's fees to come to a settlement agreement, and the friendship was permanently destroyed.

I had another case where siblings running a long time family business ganged up on another sibling and kicked her out of the family business so they can implement some shady business practices. The entire family was ripped apart, with members of the family taking sides. That damage was permanent, and again, it took months to resolve, and the only ones who came out ahead were the attorneys who got paid to negotiate a settlement.

An operating agreement may seem like an expensive investment when starting an LLC, especially if you've already been running the business without one and without trouble.

Statistics show only 25 percent of businesses last for more than 15 years. Even those that have lasted that long have their fair share of unexpected problems. It's not a smart gamble to go without an operating agreement to handle those problems or to help if you're not in that 25%. And a good operating agreement can help you be in that 25 percent who survive.

It's true, a good operating agreement is not cheap. The cost of not having one, though, can be exponentially higher, both in actual cost and the cost of once good relationships that turn permanently sour.

Brand Security: Exclusive Rights and Protection Provided by Trademark Registration

Julie King — Mon, 06 Nov 2023 20:06:06 -0600

https://youtu.be/xW0mph7iYzo

This is the second in a series about the essential benefits of having your trademark registered. One of the most compelling reasons to register a trademark is the group of exclusive rights it confers upon the owner.

Common Law Rights

Without registration, there are some trademark rights that are called “common law” trademark rights, but those rights are limited.

They can be limited to a small geographic area.

You can't use them to bring a lawsuit for infringement in federal court and often not in state court.

U.S. Customs and Border Protection can't use them to stop importation of infringing goods.

You can't use that ® symbol with them; you can only use the TM symbol.

It's not as easy for others to find records of your use, so conflicting use of others is more likely.

There's no legal presumption you are the proper owner of the trademark rights.

State Registration

What about state business registration? The registered organizational documents for a corporation limited liability company, partnership or other entity don't protect your business name as a trademark. That's right. They do not offer any trademark protection. Most states don't check their own trademark registry, let alone the federal registry, when registering a business formation. They may reject a name because it's identical or too similar to a business already registered in the state, but that's only in their list of existing businesses, not even in their own list of registered trademarks. For example, Illinois might register an LLC with the name Apple, but that wouldn't give the owner any trademark rights and would obviously be an infringing name under many circumstances.

What about state trademark registration? It's a good tool, and under certain circumstances, it's the only kind of trademark registration available. Usually state registered trademarks provide the right to sue in state courts regarding infringement and allow a victorious party to receive certain financial damage awards in addition to forcing the other party to stop infringing, including attorney's fees most of the time. Suing for infringement without registration doesn't allow the extra financial recovery and is much harder to prove.

State registration of trademarks only confers the benefits of registration in the state in which the trademark is registered. Sometimes it doesn't even confer those benefits throughout the entire state if the mark is only used in a certain part of the state. For example, in Illinois, if a mark is in use in Chicago, that doesn't necessarily give the owner rights down in Southern Illinois near Carbondale, and vice versa.

If you're engaged in regional or national business using your trademarks, that local, regional, or state level of protection is insufficient, and it's cumbersome to register and maintain trademarks in multiple states. Also, states don't usually search the federal register of trademarks, so they can and do grant registrations that infringe on a national brand.

State registration is appropriate, though, if you are using your trademark only within a particular state. In fact, if you aren't using it outside of that state at all, you can't get federal registration. However, There are many ways your mark may be used in what's called “interstate commerce” despite your business being located only in one state. It’s important to consult an attorney about whether your use qualifies for federal registration. It's also a really good idea, even if you're only applying for state registration, to have your attorney do that thorough federal search, to make sure that your state registration doesn't end up being essentially useless because there's already a mark registered federally that's similar or identical to yours for similar identical goods and services.

Federal Registration

All of this leads us to federal registration, which provides the best trademark rights. It provides the maximum legal protection for trademarks, granting the owner the exclusive right to use the mark nationally for the goods or services that represents. This means no one else can use a similar or identical mark that could lead to consumer confusion. If they do, they can be sued.

Following is a list of some of the specific rights and commercial benefits provided by trademark registration on a federal level.

1. The public is put on official notice of your registration of rights through the USPTO public trademark database. This creates a presumption against any infringement defense of lack of good faith or knowledge.

2. There is a legal presumption that your rights are exclusive throughout the country. Now, this can be challenged. For example, Burger King’s national franchise does have inferior rights to the Burger King name in Mattoon, Illinois. It has superior rights to everyone else in the rest of the country, but there was a Burger King preexisting in Mattoon, Illinois. This kind of situation does happen, but look at the vastness of the federal trademark rights they do have versus that little carve-out that they don't.

3. You can use that ® symbol, which also puts the public on notice of your federal registration.

4. The USPTO will prevent others from registering an identical or similar trademark for identical or similar goods or services.

5. You can sue in federal court for infringement and counterfeiting and sometimes obtain triple damages and attorney's fees.

6. You can use the regist...

Trademark Tales of Terror: Evil Dead – Not Just a Reference to Failed Trademarks

Julie King — Tue, 31 Oct 2023 18:25:46 -0500

https://youtu.be/D22OfUhG-AE

In this episode, we're going to plunge into the eerie and tumultuous world of trademark lawsuits surrounding the iconic “Evil Dead” film franchise.

Join us as we navigate the macabre terrain of legal battles and the undead. “Evil Dead,” the brainchild of director Sam Raimi, first graced the horror genre in 1981. The tale of a cursed book, demonic forces, and a chainsaw wielding hero, Ash Williams, became a cult classic and established the franchise's dark legacy.

But beyond the screams and gore, the “Evil Dead” series has also seen its fair share of legal turmoil. One of the most notable trademark lawsuits One of the most notable trademark lawsuits regarding the film series occurred in 2018 when Renaissance Pictures, the production company behind the franchise, filed a lawsuit against Award Pictures Incorporated. Award Pictures had released a film titled “Evil Dead,” claiming that it was a public domain movie unrelated to the original franchise.

Renaissance Pictures vehemently disagreed, arguing that the title and marketing of the film misled consumers into thinking it was a legitimate “Evil Dead” installment. Renaissance Pictures also needed to take action against this film name because one of the things you have to do when you have a trademark is police it, which means that you have to take action to stop infringement by other parties.

And if you don't, you can actually start to lose some of your rights. This lawsuit was a fierce battle between the two parties, with Renaissance Pictures seeking to protect the “Evil Dead” trademark and maintain its rights over the franchise. In the end, the court ruled in favor of Renaissance Pictures, emphasizing the potential confusion among consumers and the potential harm to the established franchise.

The “Evil Dead” trademark lawsuit serves as a reminder that the world of intellectual property is not immune to the forces of darkness. The franchise's enduring popularity has made it a target for those looking to capitalize on its name.

In the end, the chainsaw wielding spirit of Ash Williams, along with the legal guardians of the “Evil Dead” franchise, continue to fight against those who seek to exploit its legacy.

If you'd like me to do an episode on any other horror-related trademarks, send me a suggestion and I'll see if I can concoct a twisted tale for you.

Trademark Tales of Terror: Leatherface and the Texas Chainsaw Massacre

Julie King — Tue, 31 Oct 2023 18:18:05 -0500

https://youtu.be/wawiSnkjIZM

In this episode, not for the faint of heart or stomach, we journey to the heart of Texas and confront Leatherface, the chainsaw wielding maniac from “The Texas Chainsaw Massacre.”

In the backwoods of Texas, Leatherface donned a mask made of human flesh and wielded a chainsaw with gruesome intent. “The Texas Chainsaw Massacre” franchise created a world of horrors with Leatherface as the embodiment of terror. His grotesque appearance and relentless pursuit of victims left an indelible mark on the horror genre. The film franchise has left an indelible mark in the USPTO trademark database.

Vortex is the company who owns a multitude of Leatherface trademarks. Most of them are still alive. The ones carved up and dead include marks for guitar picks, calendars, postcards, and posters, and amusement parks. Why? Some, like the posters, were because they were deemed merely ornamental.

Like the face of someone else worn by Leatherface himself, the marks were considered just decorative, not a brand identifier on those goods. This is a terrifyingly common issue with things people want to try to register as trademarks. Images and slogans on T shirts, hats, mugs, posters, etc. are considered ornamental or merely decorative by the USPTO.

To function as a trademark, the image or words would need to be on the tags, packaging, the website store, something that shows it's a brand or source of goods or services. That means much of the swag you get with company logos is usually not covered by trademark law. It just can't be registered as a trademark for things like that.

Copyright law can sometimes protect these things, but not trademark law. The words “Texas Chainsaw Massacre” printed on a Fruit of the Loom sweatshirt don't show “Texas Chainsaw Massacre” is the brand behind the sweatshirt. Rather, it would be Fruit of the Loom.

Vortex also owns a grisly collection of dead “Texas Chainsaw Massacre” trademarks. Some of these have been cast aside like a pile of bones. Like Leatherface failing to catch the final girl, the video game never caught on, so Vortex couldn't show use of the mark with the video game. It seems like a shame the cosmetics didn't catch on. Leatherface knew the power of makeup for putting up lifeless skin, but apparently no one wanted his beauty products. Apparently the leather and imitation leather bags weren't a hit either. Maybe people wondered where the leather came from.

The applications were worth filing, though, if the company truly thought they'd use the marks for those goods. You don't have to wait until your mark is in use to file, and there are some good strategic reasons you may not want to wait. It's a great thing to discuss with a trademark attorney.

Remember that refusal for Leatherface for amusement park services? The USPTO did approve the “Texas Chainsaw Massacre” mark for that because that mark functioned as a brand, a source of things, not just an identifier of a character that would be featured at an amusement park.

My favorite refusal related to this franchise, though, is for the phrase “Texas Chainsaw” as it relates to a bunch of different kinds of toys. The examiner said that Texas is just descriptive of where the toys come from, because the business is based in Texas, and that chainsaw is merely descriptive of the type of toy, despite none of the toys listed being chainsaws (they're more like board games, dolls, masks, vampire teeth, and the like). That examiner needs to brush up on their pop culture from the last five decades.

It's not uncommon to get weird refusals like that. We trademark attorneys do our best to argue against them, educate the examiners, and make a great case for the mark proceeding to registration.

Do you remember that gas station from the original movie? Of course you do. Well, the owners got sued in 2022 for trademark infringement because they were offering all kinds of items with registered marks on them without a license from Vortex. Vortex did offer to sell them a license because that's excellent promotion for the films, but the owners refused, unless Tobe Hooper and Kim Henkel, the original film's writers, appeared annually at the gas station to sign autographs. That litigation is still ongoing.

Leatherface continues to be a harrowing presence in horror. His chainsaws roar echoing through cinematic history. Let the Leatherface and “Texas Chainsaw Massacre” trademark application refusals rip through your memory to remind you of how ornamental use isn't sufficient to show use of a name, logo, or slogan as a trademark. If it's like putting someone else's face on over your own, it's ornamental.

Stay tuned for more Trademark Tales of Terror in our next episode.

Watch the video for BONUS DUKE OF FUR CONTENT!

Trademark Tales of Terror: The Masked Horror - Michael Myers

Julie King — Tue, 31 Oct 2023 18:03:26 -0500

https://youtu.be/dBm92kwyN1k

In this post for Trademark Tales of Terror, we peer into some enigmatic trademarks related to Michael Myers, the silent and relentless killer from the “Halloween” film franchise, and we look into the “Halloween” film franchise itself.

A chilling score, a white mask, and a dark obsession with his sister. These are the hallmarks, or trademarks, if you will, of Michael Myers. He emerged from the shadows of Haddonfield to become one of the most enduring Halloween icons in cinema history. The “Halloween” series has captivated audiences for decades with this relentless, silent, and unkillable antagonist.

This makes it ideal for selling a ton of merchandise related to the movies. Like with the “Friday the 13th” film franchise, most of the merchandise issues seem to be left to copyright law, but there have been some trademarks registered. A few of those have met a ghastly end. Compass International Pictures owned the trademark to the design of the word “Halloween” with a hand with a knife and a pumpkin face to the side, the classic poster image as it relates to clothing. It used to own that image with the word “Halloween” to the right of the pumpkin for toys, but they failed to submit a good example of it being in use in commerce when it came time to renew the registration, and the USPTO canceled the registration after they didn't file a new example.

It's weird that they just submitted a picture of a Michael Myers figure and not packaging for the figure that probably had the mark on it. Even more weird is that the original registration was granted without a proper specimen of use. The whole history of the mark points to terrifyingly sloppy work on the part of both the company's attorney and the examiner.

It gets yet even more weird. The registration and cancellation of the company's mark, consisting of the photo of the Michael Myers mask with his name next to it, was killed off during renewal. The example of use submitted for renewal didn't contain that mark, but, freakishly, it did contain the mark for the “Halloween” knife and pumpkin that got canceled for failing to submit a good example of use.

Once again, the company failed to submit a new example, and the marks registration was canceled. A similar application that had the name above the mask instead of beside it died before it could be registered because they never submitted an example of use.

I'm not being dramatic using the word died for a mark. The USPTO really does list the status of registrations as live and dead, so there are legal fatalities in the world of trademark registration.

Right now, there's a company from China that just filed an application for the name Michael Myers in relation to a boiler suit costume like the one Michael Myers wears in the movies. This is likely to be refused since it's not being used as a brand identifier. It's also copyright infringement, but the USPTO doesn't look into that.

In a move evoking the supposedly dead Michael Myers suddenly sitting upright, Miramax, which already owns several marks related to “Halloween Kills” and “Halloween Ends,” filed a bunch of new applications last month for “Halloween 2018” marks, having let those marks lie unregistered for now.

The chilling lesson for some of these trademark applications and registrations for this franchise is that sometimes even big corporations totally screw up their applications and renewals. It's hard to tell why such basic and easily correctable mistakes were made here. Maybe the company just decided not to bother and rely on copyright law instead, but it seems really odd to get so close to registration and to not complete it or not fix a renewal issue when it would be so easy to do so. Maybe the company switched attorneys and things just fell through the cracks.

If you're applying for registration or already have registered marks, make sure you are well informed by your attorney about the status of the application or registration. They should be keeping you advised of where the application is in the process and when the next deadlines are. After registration, your attorney may alert you about renewal dates, but you should keep track of these yourself as well, so you make sure that your marks don't die from neglect. If properly managed, your trademarks can live almost indefinitely, just like Michael Myers.

Michael Myers continues to haunt our darkest nightmares, his mask forever etched in our memories, and the lessons from some dead trademark applications and registrations related to the “Halloween” movies serve as a warning to stay vigilant with your trademarks, just like the citizens of Haddonfield keep an eye out for Michael Myers every Halloween.

Trademark Tales of Terror: "Friday the 13th" and the Trouble with Jason Voorhees

Julie King — Tue, 31 Oct 2023 17:59:37 -0500

https://youtu.be/VF-p6aLuaYw

In this installment of Trademark Tales of Terror, “Friday the 13th” and the Trouble with Jason Voorhees, we embark on a journey to Camp Crystal Lake, a place cursed by the relentless presence of a silent hockey mask-wearing killer, Jason Voorhees. In the eerie woods of Camp Crystal Lake, Jason Voorhees became the stuff of legends. Armed with a machete and an unyielding thirst for vengeance, he carved his way into the annals of horror history. The "Friday the 13th" franchise brought Jason to life, making him a figure of terror and a cornerstone for the slasher genre.

This is another highly successful New Line Cinema horror franchise. Beginning in 1980 on the not so peaceful shores of Camp Crystal Lake, there have been 12 films so far. Of course, there are also novels, comic books, video games, tons of decor, and costume merchandise. Not bad for a film that started with only a cool title and the notion to copy the slasher feel of the original "Halloween" movie.

While the movies themselves, along with the TV shows, books, comics, and the character of Jason Voorhees are all covered by copyright law, there are numerous trademarks associated with this brand as well, including the name of the series itself, "Friday the 13th," and the name Jason Voorhees.

I couldn't find any registration of the iconic masks worn by Jason as trademarks. That's likely because they would be deemed too generic, and the specific masks are likely covered by copyright registration instead.

This is different from Freddy's glove from "A Nightmare on Elm Street," which was registered as a trademark. If something is common, it's going to be hard to register as a trademark. Here, a hockey mask, even a well worn or damaged one, after all hockey can be pretty rough, is a popular Halloween mask, even when not associated with Jason Voorhees.

So while the mask, combined with a costume involving a mangled head and a large knife, boiler suit, or other accessories Jason Voorhees or his mother had in the films, would evoke the characters from "Friday the 13th," rather than a hockey player, the mask alone wouldn't do it, so it can't be registered as trademark.

The studio has to rely instead on copyright alone to enforce its intellectual property rights to the mask. Similarly, "Camp Crystal Lake" isn't registered as a trademark, as it's also a little too generic to serve as a brand identifier. On its own, given the plethora of similar identical names for real camps, how can a common term like "Friday the 13th" be trademarked then?

That's because it's trademarked only in connection with certain goods and services, like films, toys, and other franchise related merchandise for which the term is not a common phrase. The owners have no rights to use that term exclusively in any other context.

This film franchise has been the source of a great deal of copyright litigation over who has the rights to the character of Jason Voorhees and in what form. Because Jason didn't don the famous mask until the third movie, Producers Horror Incorporated can use the masked character without the consent of the screenwriter of the first movie, who only has rights regarding the first movie and Jason's mother as the killer, not Jason as the killer.

You'll recall Jason's brief appearance was as a child in the dream sequence, so he didn't actually kill anyone or have any kind of covering on his gross head. Technicalities are the thing lawsuit nightmares are made of. Now that that big copyright lawsuit has been resolved, we can look forward to some new projects like a prequel TV series and yet another reboot.

The legend of Jason Voorhees continues to terrorize horror fans. He's also wreaked havoc in the courthouse halls plenty slicing and dicing bootleg merchandise vendors, and playing a key role in slasher showdown between the original screenwriter and producers.

Trademark Tales of Terror: Freddy Krueger Stalks the Nightmares of Bootleg Merchandise Vendors

Julie King — Tue, 31 Oct 2023 17:47:57 -0500

https://youtu.be/xLhf_Xejy8k

Welcome to the inaugural post of Trademark Tales of Terror. In this Halloween-season post we dive into the dark and chilling world of “A Nightmare on Elm Street.” Join me as we explore the trademark legacy of one of horror, cinema's most iconic figures, Freddy Krueger.

In the gloomy realm of nightmares, the bladed-glove-wielding scarred slasher, Freddy Krueger, made his debut. He terrorized Elm Street youth, haunting their dreams and leaving a tale of spine-chilling movies in his wake. With his fedora and his sinister grin, Freddie became an enduring symbol of fear.

The “A Nightmare on Elm Street” movies have been a huge success for New Line Cinema and its successors, including Warner Brothers. Not only have the nine movies in the franchise raked in millions of dollars, starting with the original 1984 film, but there have been an anthology television series in 1988 called “Freddy's Nightmares,” novels based on the films, comic book series, a documentary about film series and its legacy, video games, and a slew of officially licensed merchandise, including posters, t-shirts, figures, costumes, glassware, and of course, bedding for all your sweet dreams.

The movies themselves, along with the TV shows, books, comics, and the character Freddy Krueger are all covered by copyright law. There are numerous trademarks associated with this brand as well, including the name of the series itself, “Nightmare on Elm Street,” the name, Freddy Krueger, the name Freddy by itself (but just for toys, you can still name your kids Freddy, and “Five Nights at Freddy’s” is okay as a movie title), and of course the image of the spiked glove Freddy wears. While an image like the spiked glove is usually covered by copyright, when it becomes a brand identifier as this glove has, it can be registered as a trademark.

In 1994, New Line sued Russ Barry and Company over Russ’ toy, the “Ghostly Gasher,” a toy consisting of a glove with knife blades coming out of the fingertips, claiming both copyright and trademark infringement. In a nightmare for Russ, New Line won regarding copyright damages, but to New Line's horror, they lost the trademark part of the case. The folks at Russ claimed they didn't know the bladed glove was worn by Freddy Krueger in the “Nightmare on Elm Street” movies (REALLY?!?!).

Recovery of damages for trademark infringement requires evidence of actual confusion or willful deception or bad faith on the part of the alleged infringer. It's really hard to believe that Russ decision-makers didn't know that Freddy had a glove with knife-like fingers sticking out of it, but as there wasn't solid proof they did know, they escaped owing damages for trademark infringement.

The horror for the current trademark owners continues, as countless vendors and misguided individuals create and sell merchandise featuring the franchise names, characters, and other protected intellectual property without permission. The owners do license the copyright and trademarks to plenty of vendors, because that allows them to get a cut of sales, and that is no small chunk of change, especially this time of year. Licensing also allows the owners to control what kinds of goods and services the trademarks are associated with and how they're used. For example, the owners probably don't want Freddy showing up on diapers. Sales of unlicensed merchandise take away that control and don't provide any revenue for the rights holders, but that's not the only scary part. The specter of the owners finding out about the unlicensed merchandise and taking legal action against the bootleg vendors is truly the stuff of nightmares for those vendors.

The “Nightmare on Elm Street” franchise has left a lasting mark on the horror genre, and Freddy Krueger's legacy still haunts our dreams and the nightmares of those selling bootleg “Nightmare on Elm Street” merchandise.