How to Conduct a Trademark Clearance Search Before Spending $10K on Branding: A Legal Guide
Running a quick search in the USPTO database for exact spelling matches to your idea for a new brand name or slogan will not protect your company from a costly Section 2(d) likelihood-of-confusion refusal or a common law trademark infringement lawsuit. The examining attorney could still come back with a likelihood of confusion refusal, and […]
Protecting Your Business: How to Draft a Written Information Security Program (WISP) in Ohio
In the digital age, a data breach isn’t just an IT headache. It is a significant legal risk. For Ohio small business owners and nonprofit leaders, the question isn’t if you need a security plan. The real challenge is how to build one that actually protects you in court. Ohio is a unique and business-friendly […]
How to Secure Trademark Priority for Your Brand
You’ve finally nailed it: the perfect name and logo for your new venture. You’re ready to print the business cards, launch the website, and start selling. But in the excitement of a new launch, many Ohio entrepreneurs skip a critical step: establishing trademark priority. Trademark priority determines whether you actually own your brand identity. Without […]
Your Essential Ohio Startup IP Protection Strategy for 2026
For any startup, non-profit, or small business in Ohio, your intellectual property (IP) is one of your most valuable—and vulnerable—assets. It is the lifeblood of your brand, your innovations, and your competitive edge. In 2026, a proactive IP protection strategy is not optional; it is essential for long-term growth and success. Why an Ohio Startup […]
The Founder’s First Legal Must-Do: Documentation
Starting a new company is exhilarating. Founders are often eager to turn their big ideas into reality, but this excitement can lead to overlooking critical legal formalities. For small businesses in the initial formation stage (or those that may have skipped these critical steps), a few simple, foundational documents can prevent major headaches—and costly lawsuits—down […]
Do you really own your AI-Generated Content?
While generative AI tools have become widely available and may seem like the fastest way to create social media posts, marketing materials, and other forms of content, there is a downside. Beyond the obvious—these tools often provide false information and just make up “facts”—AI generated content also isn’t protected under copyright law. This means that […]
Advertising Law Part 2: Facing the Competition
We frequently tell clients and prospective clients that no matter what kind of business you own and no matter how much time you’d like to spend developing your products or providing your services, the thing that will take up most of your time as an entrepreneur is really marketing. You have to let potential customers and clients know about your products or services and why they should choose you over the competition. But how much can you really say about the competition in your advertising materials?
Be Careful With Unregistered Trademarks
A federal law known as the Lanham Act is often used for a variety of unfair competition claims brought by competitors, including infringement of unregistered trademarks. (At the state law level, most states have some version of a Deceptive Trade Practices Act that also prohibits unfair competition.) You should never assume that a cursory search of exact matches in the USPTO or Secretary of State databases can provide the all-clear to proceed with a brand idea.
Advertising Law: What Small Businesses Need to Know
Being an entrepreneur requires you to wear many hats. Not only do you have to provide a great product or service, but you’re also responsible for all of the financial details like setting prices, learning how to use accounting software, managing expenses; long term strategic planning, especially if you plan to grow the business; and human resources and the never-ending challenging of managing people. But no matter what kind of business you run, it seems like your “real” job is sales and marketing. After all, none of the other staff matters if you can’t get customers or clients to buy what you’re selling.
Protecting Your Online Content
The Copyright Office has a new registration option for what it is calling “short online literary works,” which includes blog posts, social media posts, and other short online articles. If your business provides content via the Internet, should you be using this new registration option to protect your work? What about online courses, podcasts, and […]
