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Keep it Legal Blog

How to Use and Protect a Trademark for Apparel

When you’re trying to register a trademark for apparel in the U.S., there are some specific requirements. In my experience, many clients who are starting an apparel brand don’t know these requirements, and it can lead to trouble. The key issue is that in order to protect and register a trademark in the U.S., you need to be able to show that the mark has been used in interstate commerce in connection with the goods in the application. For some kinds of products, simply having the trademark (brand name or logo) appear on the product is good enough. But for…

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Can I Use AI To Come Up With a Trademark?

Note: I, your human correspondent, didn’t write the text below. I input the question “Can I Use AI To Come Up With a Trademark?” into ChatGPT and this is what came back. Yes, you can use artificial intelligence (AI) to generate potential trademarks. There are various AI-powered tools available that can suggest trademarks based on certain inputs, such as keywords or industry. However, it is important to note that while AI can assist in generating potential trademarks, it is not a substitute for a human attorney who can evaluate the legal availability, registrability and enforceability of a trademark. It is…

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D&D OGL Update?

A few years ago I wrote a blog post titled “D&D & IP” in which I discussed the Open Gaming License that allows (allowed?) anyone to use elements of Dungeons & Dragons, for free, to create their own products. To recap: WotC wants to encourage D&D enthusiasts to create and sell products that fit within the game – within certain limits. Those limits are defined by WotC’s Open Gaming License (“OGL”). This link directs you to the most recent version of the OGL. If you want to create and sell content within the D&D universe, you must obey those rules….

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Why Should I Form an LLC or Corporation?

Why Should I Form an LLC or Corporation? People often ask why they should consider creating an LLC or corporation for their business. Of course, every business is different, but here are some general factors that U.S.-based entrepreneurs should consider. The primary reason why businesses organize themselves as LLCs or corporations is to minimize liability. If you are operating a business, and it’s not a corporation or an LLC, then you are either a sole proprietor (if it’s a one-person business) or a partnership (if more than one person is an owner). These are the default modes. Sole proprietor or…

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