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When it comes to patents, there’s a lot of confusion floating around—especially when it comes to what counts as infringement. From Silicon Valley startups to small Etsy shops, businesses often misunderstand their rights (and risks). In this blog post, we’re clearing the air and breaking down some of the most common myths about patent infringement—no legal jargon required. Myth #1: “If I change the product a little, I’m safe.” Not so fast. Even small changes to a patented invention can still land you in hot water. U.S. patent law looks at whether your product performs substantially the same function in…

An important aspect of trademarks that many people may not realize is that they are use-based rights. Basically, this means a trademark is only entitled to be registered if the mark is actually being used. Likewise, a trademark registrant needs to continue to use the mark in commerce in order to maintain registration and must take action to renew a trademark registration at specific points in time (e.g., at year 5, 10, 20, and so forth). When reaching these milestones, trademark owners are obligated to submit specimen materials showing that the mark is still in use in interstate commerce. For…

If your company received a threatening “cease and desist” letter from a competitor claiming to own a patent that prevents you from selling your product (or demands a patent licensing fee to continue your sales), then now is the time to proactively assess the situation to determine if there is a viable infringement claim. Below is a summary of some notable considerations that generally go into a proper patent infringement analysis.  For example, the specific claims are key in a patent infringement analysis. The claims are generally located at the end of a patent, which comes after the patent’s front…

Innovations in artificial intelligence (AI) technology are having an impact on virtually every sector of the U.S. economy, including intellectual property laws. For example, with the advent of AI tools and applications, a notable legal question has arisen: can AI-generated inventions can be patented? Guidance Issued by the U.S. Patent and Trademark Office (USPTO) The USPTO attempted to answer the question above in its February 2024 guidance focused on patent inventorship analysis for AI-assisted inventions. The USPTO guidance states that “while AI-assisted inventions are not categorically unpatentable, the inventorship analysis should focus on human contributions, as patents function to incentivize…

As the digital landscape continues to expand and innovate through new technologies, there are notable trends emerging that have the capacity to reshape how certain assets are legally protected, such as intellectual property rights. For example, a significant development has been the expansion of NFTs. For context, NFTs are digital tokens that represent ownership or proof of authenticity of a unique asset. They have become a popular tool in facilitating the purchase and sale of digital art, collectibles, music, and even virtual real estate. For businesses in and around Los Angeles, NFTs offer an opportunity to create unique digital assets…

In the world of business, not every valuable asset is visible on a balance sheet. Some of the most important tools companies rely on are hidden in plain sight: trade secrets. Whether it’s a secret recipe, a manufacturing process, or a client list, trade secrets can be the lifeblood of a business. But many companies don’t fully understand what trade secrets are, or how to protect them until it’s too late. So, what exactly is a trade secret? In simple terms, it’s any confidential information that gives a business a competitive edge. Think of the Coca-Cola formula, Google’s search algorithm,…

Once upon a time, if you wanted the latest designer handbag or a replacement part for your coffee maker, you had to buy it from the original manufacturer. But with the rise of 3D printing, those days are changing fast. This revolutionary technology allows people to create physical objects from digital files, often at a fraction of the cost. While this is great for innovation, it also presents a legal minefield for intellectual property (IP) rights. How do you protect an invention when anyone with a 3D printer can replicate it? The Copycat Problem: 3D Printing and Copyright Copyright laws…

When you think of iconic brands like Nike, Apple, or Coca-Cola, what comes to mind? Their logos, slogans, and even the colors they use are instantly recognizable. That’s the power of a strong trademark strategy. Whether you’re a startup or an established business, protecting your brand with trademarks is essential to standing out in a crowded marketplace. But it’s not just about filing paperwork—it’s about crafting a strategy that safeguards your business while helping it grow.   Why Trademarks Matter A trademark is more than just a logo or a catchy name—it’s your business’s identity. It tells customers who you…

In today’s digital age, protecting creative work is more important than ever. Whether you’re a musician, artist, filmmaker, writer, or content creator, copyright law is constantly evolving, and staying ahead of the curve can mean the difference between owning your work or watching it get used without permission. From AI-generated content to changes in fair use policies, let’s dive into the latest trends in copyright law and what they mean for creators.   AI-Generated Content: Who Owns It? Artificial intelligence is shaking up the creative world, generating everything from paintings to poetry with a few clicks. But who owns the…

Social media has changed the way businesses grow, and influencers are now some of the most powerful marketing tools out there. But with great exposure comes great risk—especially when it comes to trademark rights and brand protection. What happens when an influencer misrepresents your brand? Or when someone starts using your logo without permission? From Kylie Jenner’s trademark disputes to brands cracking down on counterfeit influencers, let’s talk about how to keep your brand safe in the wild west of digital marketing.   The Fine Line Between Promotion and Misuse When influencers partner with brands, they become public faces of…