Intellectual Property Blog

A trademark is any word, name, symbol, or device that identifies and distinguishes the source of goods or services from those of competitors (15 U.S.C. § 1127). Under the Lanham Act, federal trademark registration grants nationwide exclusive rights, legal presumptions of validity, and access to federal court enforcement. A trademark serves as the cornerstone of brand protection for businesses of all sizes. In today's competitive marketplace, your brand identity is one of you

In today’s competitive business environment, protecting your innovations and creative works is not just a legal formality - it’s a strategic necessity. Whether you are launching a startup, expanding an established company, inventing a new product, or selling on platforms like Amazon, mastering intellectual property (IP) asset optimization can significantly enhance your market position and profitability. I want to guide you through the essentials of managing your intellectual

Social media platforms are both a primary source of trademark infringement and a crucial tool for enforcement. From unauthorized fan pages and fake accounts to direct sales of counterfeit goods, infringement is rampant. My enforcement strategy integrates social media monitoring and evidence gathering to build a stronger case. Social Media as a Source of Infringement Infringement on platforms like Instagram, Facebook, and TikTok typically falls into three categories: Direct Sa

Key Takeaways The real trade secret vs patent question is whether the invention is better protected by secrecy or by a patent. That is the whole issue. Patents last 20 years from filing under 35 U.S.C. § 154. Then they are gone. Trade secrets can last much longer, but only if they are actually kept secret. If someone can reverse engineer the product, the trade secret route may not do much for you. Some inventions belong in a patent application. Others do not. Knowing the di

By Alan Yomtobian, Esq. | Patent Bar #81,255 Takeaways You can patent software in 2026. The law does not categorically exclude software from patent protection. What the law does require is that your claims be directed to a specific technical improvement rather than to an abstract idea carried out on a generic computer. If your application satisfies that requirement, it can survive examination and, in many cases, survive litigation. The Supreme Court's decision in Alice Corp.